Travis County DA asks Texas Court of Criminal Appeals to reverse pardon for Daniel Perry
TRAVIS COUNTY — The Travis County District Attorney announced Tuesday that the county would be filing with the Court of Criminal Appeals to reverse a pardon for Daniel Perry.
On May 16, Texas Gov. Greg Abbott pardoned Perry, an Army sergeant sentenced to 25 years in prison for shooting and killing Garrett Foster, a protester, in 2020. Abbott issued his pardon after a unanimous recommendation by the Texas Board of Pardons and Paroles.
In a press conference announcing the filing, Travis County District Attorney José Garza said the Board of Pardons and Paroles and the governor "put their politics over justice and made a mockery of our legal system."
"We had justice for Garrett for 18 hours," said Sheila Foster, Garrett's mother. "After waiting three years for a trial, we got justice for my son. It was planned. It was premeditated. And the very next day, the governor announced his plans to pardon. And now here we are. And he has done it. And I am not okay with this. And nobody should be okay with this."
"The premise of the writ is simple," said Holly Taylor, director of the Division of Public Integrity and Complex Crimes for the district attorney's office.
"Our democracy and our state works when each branch of government does not exceed their constitutional authority," Taylor said. "When Gov. Abbott issued the pardon, not only did he circumvent the process for pardons, he exceeded his authority and violated the separation of powers doctrine."
Texas law states that the governor can grant a pardon after a recommendation by the state's Board of Pardons and Paroles, whose members are appointed by the governor.
At the time of the initial recommendation, the Board of Pardons and Paroles also unanimously voted to recommend a full restoration of Perry's firearm rights.
"Texas has one of the strongest 'Stand Your Ground' laws of self-defense that cannot be nullified by a jury or a progressive district attorney," Abbott said in a statement last month. "I thank the board for its thorough investigation, and I approve their pardon recommendation."
In an interview with CBS News Texas after Perry's release, Foster said, "I think they're using my dead child to make a political statement."
"We will continue to use the legal process to seek justice," said Garza. "We will continue to fight for Garrett Foster, for his family and for his friends ... We're hopeful that the Court of Criminal Appeals will do the right thing."