Travis County DA Asks A Appeals Court To Rule On Pardon
In a dramatic legal battle that has captured nationwide attention, the Travis County District Attorney’s office has announced its intention to challenge the recent pardon of Daniel Perry by Texas Governor Greg Abbott. This move aims to reverse the pardon granted to Perry, an Army sergeant sentenced to 25 years in prison for the 2020 shooting death of protester Garrett Foster.
Governor Abbott issued Perry’s pardon on May 16, following a unanimous recommendation from the Texas Board of Pardons and Paroles. The pardon has sparked intense controversy and accusations of political maneuvering.
During a press conference, Travis County District Attorney José Garza sharply criticized the governor and the Board of Pardons and Paroles, accusing them of prioritizing politics over justice. “They have made a mockery of our legal system,” Garza declared. He was joined by Garrett Foster’s mother, Sheila Foster, who voiced her profound disappointment and grief. “We had justice for Garrett for 18 hours,” she lamented. “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.”
Holly Taylor, director of the Division of Public Integrity and Complex Crimes for the district attorney’s office, outlined the legal basis for challenging the pardon. “The premise of the writ is simple,” Taylor explained. “Our democracy and our state works when each branch of government does not exceed their constitutional authority. 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.”
This is a heck of a statement to make, considering Texas has unique laws when it comes to pardons.
Texas law stipulates that the governor can only grant a pardon following a recommendation by the state’s Board of Pardons and Paroles, whose members are appointed by the governor. At the time of Perry’s pardon, the board also recommended restoring Perry’s firearm rights.
Matter of fact when the conviction was first announced Abbott was under immense pressure to pardon Perry immediately however he refused stating that it would be in violation of the states law.
In defending his decision, Governor Abbott emphasized Texas’ robust “Stand Your Ground” laws. “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. “I thank the board for its thorough investigation, and I approve their pardon recommendation.”
Perry was convicted in the very blue Austin, Texas, despite a video showing he defended himself.
Foster pointed a gun at Perry who fired in self-defense.
Here is Garrett Foster pointing his loaded AK-47 at Daniel Perry in Austin, TX in 2020
Daniel Perry was just convicted of murder for defending himself in Democrat-ruled Austin TX.
Are you catching on? pic.twitter.com/G88LCD9ZQY
— REKT Specialist is unbanned! (Parody?) (@GoatRoper911) April 8, 2023
The media describes mobbing his car and pointing a gun towards him as “motioned with the assault rifle for Mr. Perry to lower his window”, as if one could tell that https://t.co/Wf6dT9txMw
Shortly before being killed Garrett made it clear why he was therepic.twitter.com/0vQFahoJWj
— AntifaWatch (@AntifaWatch2) July 1, 2021