US Army sergeant Daniel Perry is released from Texas prison within an hour of Gov. Greg Abbott's pardon for shooting murder of AK-47-wielding BLM protester

Daniel Perry was released from a Texas prison about an hour after Governor Greg Abbott pardoned him for killing a Black Lives Matter protestor dead during the 2020 riots. 

Perry was convicted of murder last year for shooting protestor Garrett Foster in Austin in July 2020. He was sentenced to 25 years in prison. 

Abbott requested the state parole board investigate Perry's case in April 2023 - which led to a unanimous approval vote that was announced Thursday. 

In a statement after the vote was announced, Abbott cited Texas' 'Stand Your Ground' laws, which allow people to use deadly force if they feel they are in imminent danger. 

'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.

'I thank the Board for its thorough investigation, and I approve their pardon recommendation.' 

Daniel Perry, a US Army Sergeant, was found guilty in April 2023 of murdering protestor Garrett Foster in Austin, and was sentenced to 25 years in prison  

Perry killed Garrett Foster, 28, during BLM protests in 2020. Pictured: Foster with his fiance Whitney Mitchell 

Texas Governor Greg Abbott requested the parole board looked into Perry's case to discuss a possible pardon just days after his conviction, which led to a unanimous approval vote announced Thursday 

In its unanimous ruling recommending Perry's pardon, the parole board said it 'delved into the intricacies' of his case. 

'The investigative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case,' the board said. 

Alongside the full pardon, Perry will also have his firearm rights restored, the board announced. 

At his trial, Perry faced up to 99 years behind bars as prosecutors painted him as a racist unhinged army soldier who planned to kill rioters, including bringing up text messages where he told a friend he 'might go to Dallas to shoot looters.' 

He countered that he acted in self-defense and feared he would be shot by Foster, who was legally carrying an AK-47 at the time he was gunned down. 

The case became a touchstone issue after Abbott called for Perry to be pardoned, as critics said the move set a 'dangerous' precedent and was driven by 'political gamesmanship.' 

In February, Foster's mother Shiela Foster spoke out against the request for a pardon, and said it was another painful moment following her son's murder. 

'I am baffled actually, I just cannot believe this is my life and this is what's happening, and it has got me overwhelmed with anxiety and the ability to move on,' she told CBS Austin. 

Sgt. Daniel Perry was stationed at Fort Hood at the time of the shooting, and was driving Uber at night to earn extra cash

Garrett Foster is seen at the driver's window of Perry's car during his July 2020 slaying 

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

On the day Foster was murdered, Perry had driven 70 miles from Fort Worth to Austin, and was driving for Uber to earn extra cash while he was stationed at the Fort Hood military base. 

Moments before the shooting, Perry had just dropped off a ride-share customer and turned onto a street filled with protestors. 

Perry claimed that he tried to peacefully move through the crowd but was blocked, before Foster pointed his AK-47 at him, he said. 

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

Witnesses testified that they did not see Foster raise his weapon, and in a video of the incident that was live streamed on Facebook, a car could be heard honking before several shots rang out and protestors screamed and ran for safety. 

At his trial, jurors were presented with a litany of texts and social media posts showing Perry's disdain for the BLM protests that gripped the nation in the wake of George Floyd's murder. 

This included a Facebook message to a friend in May 2020 just weeks before he shot Foster, where he said he 'might have to kill a few people.' 

Other messages included 'White Power' memes, and a 2019 text where he said it was 'too bad we can't get paid for hunting Muslims in Europe.' 

'It is official I am a racist because I do not agree with people acting like animals at the zoo,' he said in another message. 'I was on the side of the protestors until they started with the looting and the violence.' 

He added in another message from that same day. he said that Black Lives Matter protests were like a 'zoo full of monkeys that are freaking out flinging their s***.' 

Perry's lawyers said the messages were 'barracks humor', and several Army colleagues testified that Perry was not a known racist.  

Materials showing Perry's racist text messages and social media posts were displayed on screen during Perry's sentencing 

Prosecutors painted Perry as a racist unhinged Army soldier, while he claimed he acted in self-defense 

Whitney Mitchell, the fiancée of Garrett Foster, pictured testifying in Perry's sentencing hearing. She's a quadruple amputee, and Foster had been her caretaker for the past 11 years. 'It's hard every day that I'm there. It's hard to sleep in my bed because he's not there,' she said 

When he was shot dead, Foster was the full-time carer for his fiancé Whitney Mitchell, a quadruple amputee. 

Mitchell testified against Perry at his trial, telling jurors through tears how her life had changed since his death - citing how Foster had been her sole caretaker for the past 11 years.

'It's hard every day that I'm there. It's hard to sleep in my bed because he's not there,' she said.

'He was my main caregiver for 11 years and I've had friends who have been taking care of me and have to learn how to do all that stuff that Garrett was doing.

'It's hard because I had to get comfortable being vulnerable.'