Friday, May 24, 2024

TX: Governor Abbott Pardons Sgt. Daniel Perry

On May 16, 2024 Governor Greg Abbott pardoned Sgt. Daniel Perry. Perry was convicted of murder on April 7, 2023, in what many believe was a politically motivated case in Austin, Texas. During the prosecution, a police detective complained about the prosecution's bias against Daniel Perry.

On July 25, 2020, BLM protestors blocked Perry's car and beat on it. Then one of the protestors, Garrett Foster, approached Perry's car with an AK47 style rifle, and motioned for Perry to roll down his window. After he rolled down the window, Perry said he saw Foster start to raise his rifle toward Perry from a low ready position. He shot Foster, the crowd around the vehicle dispersed, allowing him to drive off a short ways, where he immediately contacted the police, less than a minute after the Shooting. As he was driving away, another protester fired shots.

The Austin Police Department and the County Prosecutor refused to bring charges against Perry. A few months later, a Soros backed Prosecutor, Garza, was elected. He convened a Grand Jury and brought Perry to trial for murder.

On the conviction of Daniel Perry, Governor Greg Abbott asked the Texas Board of Pardons to give him a recommendation.  Governor Abbott is limited by Texas law, and can only pardon a person if given a recommendation to do so by the Board of Pardons.

Over a year later, on May 16, 2024, the Texas Board of Pardons unanimously recommended U.S. Army Sergeant Daniel Perry be pardoned. From the board:

The members of the Board of Pardons and Paroles delved into the intricacies of Perry’s case. The investgative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case.After a thorough examination of the amassed information, the parole board reached a decision on May 16, 2024. The Board voted unanimously to recommend a full pardon and restoration of firearm rights. The recommendation of the Board was conveyed to the Governor on this same date.

Governor Greg Abbott acted promptly. At 1:25 p.m., Governor Abbott signed the pardon for Sgt. Daniel Perry, restoring all civil rights. From the proclamation:

A FULL PARDON AND RESTORATION OF FULL CIVIL RIGHTS OF CITIZENSHIP THAT MAY HAVE HERETOFORE BEEN LOST AS A RESULT OF HIS CONVICTION OF THE OFFENSE ABOVE SET OUT IN CAUSE NO.D-l-DC21-900007, 147TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS.


 

Perry had been imprisoned for over a year, and had been discharged from the Army because of the conviction in Texas. From statesman.com:

"Daniel Perry was imprisoned for 372 days and lost the military career that he loved," Doug O'Connell, an attorney who represents Perry, said in a statement. "The action by Governor Abbott and the Pardon Board corrects the courtroom travesty which occurred over a year ago and represents justice in this case.

Sgt. Daniel Perry has been reported as being out of prison within two hours of the Governor's pardon.

Attorney General Ken Paxton is very familiar with lawfare conducted by leftist prosecutors in Texas far left jurisdictions.  From Texas Attorney General Ken Paxton:

“Americans across the country have been watching this case in Texas and praying for justice after BLM riots terrorized the nation in 2020,” Paxton wrote. “Our right to self-defense is enshrined in the Constitution. Soros-backed prosecutors like Jose Garza do not get to pick and choose the rights we have as Americans, and I am relieved that justice has prevailed.”

Analysis:

The shooting on July, 25, 2020 in Austin Texas was a tragic situation. In Texas, the protestors were allowed to be in the street as long as the authorities had not ordered them out of the street. The civil authorities had not ordered them off the street. Daniel Perry fully believed himself to be where he was entitled to be, and the BLM protestors blocked his way and beat on his car.  This correspondent believes the organizers of the BLM protests deliberately taught protestors to provoke drivers, attempting to obtain a violent response which could be used in the Media. By using the "oppressors" vs "oppressed" language, BLM characterized every one who was not in the protest as an evil oppressor.

Some states, such as Florida have changed their laws. In Florida, if "protestors" block roadways and public right-of-ways without permit, drivers who are threatened are allowed to use deadly force to escape the threat.

In general, Americans perceive those who block roadways to be on the wrong side of the law. Governor Abbotts pardon of Sgt. Daniel Perry is popular in Texas.

 ©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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