Texas Gov. Greg Abbott says he's working to 'swiftly' pardon Fort Hood soldier convicted of murder

Texas Governor Greg Abbott  has said he is seeking to pardon a U.S. Army sergeant who was convicted of murder in the 2020 fatal shooting of a Black Lives Matter protester who pointed his AK-47 at him.

The GOP lawmaker tweeted that because the state constitution limits him to a pardon only on a recommendation by the state Board of Pardons and Paroles, he is asking the board to recommend a pardon and to expedite his request in order to pardon Sgt. Daniel Perry.

'I look forward to approving the board's pardon recommendation as soon as it hits my desk,' Abbott wrote.

Perry was convicted Friday by a Travis County jury of fatally shooting 28-year-old Garrett Foster during a July 2020 protest in Austin over George Floyd's murder. He faces up to life in prison when sentenced. 

The Fort Hood Army Sgt was driving his car as an Uber that evening to earn extra cash, when he tried to get through a crowd of Black Lives Matter protesters.

One of those protesters - 28 year-old Garrett Foster - pointed his AK-47 in the window of Perry's car, with the serviceman opening fire in response and killing Foster.

Both men's guns were legally-obtained, with jurors in Austin claiming Perry had other, non-deadly means of self-defense available to him.  

'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.

U.S. Army Sgt. Daniel Perry, center, and his attorney Doug O'Connell are seen walking out of the courtroom during jury deliberations in his murder trial, on Frida. Perry was convicted of murder on Friday for fatally shooting Garrett Foster, an armed protester in 2020, during nationwide protests against police violence and racial injustice

Garrett Foster is seen at the driver's window. The barrel of the rifle is pointed towards the ground, while his right arm is high with his hand seemingly placed on the grip of the weapon. His weapon and Perry's were both legally-obtained 

Texas Governor Greg Abbott has said he is seeking to pardon a U.S. Army sergeant who was convicted of murder in the 2020 fatal shooting of an armed protester during nationwide protests against police violence and racial injustice

Texas Governor Greg Abbott has instructed the Board of Pardons and Paroles to recommend a pardon and to expedite his request

U.S. Army Sgt. Daniel Perry is comforted by his attorney Doug O'Connell after he was convicted of murder in the killing of Garrett Foster

Perry killed Garrett Foster, 28, who is pictured with his wife Whitney Mitchell, a quadruple amputee who uses a wheelchair 

Daniel Perry, a 37-year-old Uber driver and Army sergeant, was found guilty of murder

Perry's attorneys argued that the shooting was self-defense as Foster approached Perry's car with an AK-47 rifle. 

Prosecutors said Perry could have driven away before firing his revolver and witnesses testified that Foster never raised his rifle at Perry.

Foster attended the protest with his wife Whitney, a quadruple-amputee who uses a wheelchair.  

The jury deliberated 17 hours over two days to reach its decision, after an eight-day trial. He sobbed when the guilty verdict was read out, and hugged his attorney. Perry faces up to life in prison. 

Perry, who was charged in 2021, was stationed at Ft. Hood about 70 miles north of Austin in July 2020 when he was working for as an Uber driver and turned onto a street straight into a large crowd of BLM demonstrators in downtown Austin.

In video streamed live on Facebook, a car can be heard honking before several shots ring out and protesters begin screaming and scattering.

Garrett Foster and and his girlfriend, Whitney Mitchell, are seen at the July 2020 protest

Garrett Foster was caught on camera earlier in the evening explaining why he felt the need for an AK-47 

First responders were seen preparing to transport Foster to a local hospital where he was later pronounced dead in a photograph from July 25, 2020

Witnesses said during the trial that Foster never raised his rifle at Perry - but a photograph taken at the time appears to suggest otherwise. 

On Friday, a jury found Perry guilty of murder, but not guilty of aggravated assault. 

Perry's defense attorneys, in their closing arguments, insisted that he had no choice but to shoot Foster five times as he approached Perry's car with an AK-47 rifle.

Prosecutors said Perry had plenty of choices, including driving away before he fired his revolver.

Although Texas is known as a conservative, staunchly-pro Second Amendment state, its three big cities - Austin, Dallas and Houston - are all very liberal. 

Austin in particular is known for its progressive politics, and played host to large Black Lives Matter protests and riots during summer 2020.  

Guillermo Gonzalez, prosecuting, said Perry's posts on social media showed he was vehemently opposed to protesters.

Perry also said that in Texas you could get away with shooting them.

'This is an age-old story about a man who couldn't keep his anger under control,' said Gonzalez. 'It's not about police, and it's not about protest marchers.' 

Foster had been crossing 4th Street on Congress Avenue with Mitchell and hundreds of other demonstrators when a motorist sped towards the crowd and began blaring its horn. Cell phone footage captured the moment the fatal shots rang out

The scene of Foster's shooting in Austin, Texas on July 25, 2020

Gonzalez said Perry drove angrily into the crowd even though he could clearly see the protesters marching from three different angles.

The state argued Perry sped into the crowd, but that was disputed by the defense's expert witnesses who used science and data to track the speed of his car. The expert testified he was slowing down when his car entered the demonstration. 

Doug O'Connell, defending Perry, said prosecutors wanted the jury 'to believe (Perry) had this evil plan when he turned right.'

'The protesters didn't know anything about Perry when they attacked the car and boxed it in,' he said.

'And Daniel had no choice, and that could have happened to anyone.'

Activists are pictured on July 26, 2020 holding a vigil for Foster, the day after he was killed 

O'Connell argued that Foster was dressed for battle at the protest, including wearing a neoprene vest under his T-shirt and carrying an AK-47, a club and a knife. 

Perry was wearing a T-shirt, shorts and flip-flops.

'Garrett Foster is dressed for war,' O'Connell said. 'Daniel Perry is dressed for the beach.'

When Foster was killed, demonstrators in Austin and beyond had been marching in the streets for weeks following the police killing of George Floyd.

Floyd died May 25, 2020, after a Minneapolis police officer pressed his knee against the black man's neck for more than nine minutes. Floyd, who was handcuffed, repeatedly said he couldn't breathe.

Floyd's killing was recorded on video by a bystander and sparked worldwide protests as part of a broader reckoning over racial injustice.