Texas pardons board investigates Sgt Daniel Perry case after conviction in shooting death of 2020 BLM rioter

"The board will be commencing that investigation immediately," said board spokesperson Rachel Aldrete.

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Hannah Nightingale Washington DC
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Following US Army sergeant Daniel Perry being found guilty of murder on Friday, the Texas Board of Pardons and Paroles is launching an investigation after Governor Greg Abbott requested an expedited probe and pardon recommendation.

"The board will be commencing that investigation immediately," said board spokesperson Rachel Aldrete on Monday, and the board will report to the governor with recommendations once the investigation is complete, according to CNN.

The board did not reveal how long the inquiry would take or whether an appeals process is required ahead of the recommendation.

On Friday, Perry was found guilty of murder in connection to the 2020 shooting of Garret Foster during a Black Lives Matter protest in Austin, Texas. 

Perry had dropped off an Uber passenger downtown, with Perry telling a 911 operator on the night of the shooting: "I made a wrong turn, a guy pointed a freakin weapon at me and I panicked. I don’t know what to do. I’m just an Uber driver. I made a wrong turn; I’ve never had to shoot someone before. They started shooting back at me, and I got out of the area."

The jury did not find him guilty of a second charge, aggravated assault with a deadly weapon.

On Saturday, Abbott said that he was working "as swiftly as Texas law allows regarding the pardon of Sgt. Perry."

"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.

"Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles," he explained. "Texas law DOES allow the Governor to request the Board of Pardons and Patroles to determine if a person should be granted a pardon."

"I have made that request and instructed the Board to expedite its review."

Clint Broden, Perry’s lawyer, said he was disappointed with the verdict handed down on Friday.

"We are disappointed in the verdict both as it relates to Daniel Perry and as it relates to a citizen’s ability to defend themselves," Broden told CNN on Saturday. "Sgt. Perry will, of course, appeal the verdict and we are hopeful that the case will ultimately be overturned on appeal."

Broden said the pardon process "is outside our control," and that Perry’s legal team is focused on "the upcoming sentencing hearing and marshaling evidence related to Sgt. Perry’s character and service to our country."

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