Army sergeant promised pardon by Abbott sentenced to 25 years in murder of BLM protester

A Texas judge on Wednesday sentenced an Army sergeant convicted of killing a Black Lives Matter protester during 2020 racial justice demonstrations to 25 years in prison.

The conviction and sentencing of former U.S. Army Sgt. Daniel Perry, 36, have riled up some conservatives who have called his actions self-defense.

Texas Gov. Greg Abbott (R) has asked the state’s parole board to review Perry’s case in an expedited manner, though it’s unclear when a decision will be reached. The governor has said he will “look forward” to pardoning Perry.

Perry’s attorney, Clinton Broden, has promised to appeal the conviction and backed a potential pardon for his client.

“Those who claim that Governor Abbott’s expressed intent is based on politics simply choose to ignore the fact that it was only the political machinations of a rogue district attorney which led to Sgt. Perry’s prosecution in the first instance,” Broden said in a statement Wednesday.

Perry, who is white, was convicted of murder in April for killing 28-year-old Garrett Foster, who was white and an Air Force veteran, during July 2020 protests in downtown Austin. Protests had erupted nationwide after the death of George Floyd in the custody of police officers in Minneapolis.

At the time of the protests, Perry was stationed at Fort Hood, now called Fort Cavazos, and was an Uber driver who had dropped off a customer in downtown Austin.

Perry was trying to maneuver through the crowd when he claimed Foster, who was legally armed, aimed a rifle at him. Perry was also legally armed and fired a pistol at Foster, saying he perceived a threat to his life.

During the trial, prosecutors argued Foster did not raise the rifle at Perry, bringing forth witnesses to testify to that effect.

Evidence submitted in court also revealed that Perry shared racist content in private messages, including a reference to Black Lives Matter protesters as animals at a zoo.

The Associated Press contributed to this report, which was updated at 2:02 p.m.