Murder of Garrett Foster

On July 25, 2020, Daniel Perry, a then-30-year old United States Army sergeant, had been working his Uber shift when he encountered a protest against police brutality that was blocking the road. Perry originally stopped and honked his car horn at the protesters, but later ran a red light and drove his car into the crowd.[3] Garrett Foster, a 28-year old United States Air Force veteran who was legally open carrying an AK-47 walked up to Perry in an attempt to tell him to stop driving into the crowd.[4] After he walked up to Perry's vehicle, Perry shot and killed Foster. Perry claimed self-defense and claimed that Foster had pointed his weapon at him, but eyewitnesses contradicted this account.[5][6]

When Perry was interviewed by police about what happened before the shooting and how Foster held his gun, Perry said: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me, you know."[7][8]

In July 2021, nearly a year after the killing, a Travis County grand jury indicted Perry on charges of murder and aggravated assault. Perry turned himself in and was shortly released from jail on a $300,000 bond.[9]

Perry's trial for the murder of Foster took place at the end of March 2023 to the beginning of April 2023, nearly three years after the incident. The prosecution argued that since Foster had been exercising his right to open carry, there was no justification for Perry shooting him. The prosecution revealed that Perry had made multiple posts and direct messages on social media expressing his desire to shoot Black Lives Matter protesters, writing in messages, "I might have to kill a few people on my way to work, they are rioting outside my apartment complex," and "I might go to Dallas to shoot looters." A friend of Perry's responded to him warning him of instigating protesters, stating, "We went through the same training ... Shooting after creating an event where you have to shoot, is not a good shoot." Perry had expressed his support for violence against protesters on at least three social media posts, suggesting in one post to "shoot center of mass" because "it is a bigger target", and in another stated, "Send [protesters] to Texas we will show them why we say you don’t mess with Texas."[10][11][12]

Perry had also stated that someone could shoot protesters and get away with it by claiming self-defense. Perry's defense claimed that Texas's stand-your-ground law protected him legally and that he had feared for his life, after the defense alleged that Foster had pointed his weapon at Perry. The prosecution contended that there was not evidence that Foster had pointed his weapon, and other eyewitnesses contradicted this account by the defense. The prosecution also focused on the fact that Foster's weapon was recovered with its safety on and no cartridge in the chamber, so it would not have made sense for him to point his weapon.[11] Jurors were shown footage of Perry's police interrogation, where he said regarding Foster and how Foster held his weapon: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me".[7][8]

On April 7, 2023, after a week of deliberations, the jury found Perry guilty of murder, but not guilty of aggravated assault, with friends and family of Perry breaking down in tears as the guilty verdict was read. Foster's father stated, "We're happy with the verdict. We're very sorry for [Perry's] family as well. There's no winners in this. Just glad it's over." Perry faced between 5 years to life in prison.[13][14]

On April 13, 2023, a state district judge unsealed court records that revealed more anti-protester social media posts and racist messages made by Perry that the jury did not see or hear. Among these included Perry declaring "I am a racist," and comparing the Black Lives Matter movement to "monkeys" multiple times, and also as "animals at the zoo".[2]

On May 3, 2023, Perry's request for a new trial was denied.[15] On May 10, 2023, he was sentenced to 25 years in prison.[1] He will be eligible for parole in 12+1⁄2 years. If he serves his full sentence, he will be released in mid-2048.[16]

Following Perry's conviction, conservative commentators and politicians began to urge Texas Governor Greg Abbott to pardon Perry, supporting Perry's self-defense claim. These calls for a pardon of Perry included Texas U.S. Representative Ronny Jackson.[17] Abbott has since directed the Texas Board of Pardons and Paroles to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."[18][lower-alpha 1]