Greg Abbott Faces Anniversary of Pardon Promise

Texas Governor Greg Abbott is coming up on the anniversary of his pardon promise.

April will mark a year since Abbott pledged to pardon Daniel Perry, the U.S. Army sergeant who was convicted of killing a protester during a 2020 Black Lives Matter rally.

Abbott has been unable to pardon Perry because state law limits the governor's pardon authority, allowing them to act only on a recommendation by the parole board. Abbott said he had instructed the board to expedite its review and said he would sign the pardon "as soon as it hits my desk," but clemency review did not begin until February 2024.

Facing pressure from conservatives, Abbott said he directed the Texas Board of Pardons and Paroles to consider recommending a pardon for Perry a day after his conviction. Perry was founded guilty of murder for shooting and killing 28-year-old Air Force veteran Garrett Foster, who was armed with an AK-47 and part of a group protesting police brutality on April 7, 2023. In May, he was sentenced to 25 years in prison.

Newsweek reached out to Abbott's office via email for comment.

"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 at the time.

Perry's case was widely criticized by conservatives, who argued that he acted in self-defense when he shot Foster. Prosecutors argued that Perry, who was working as an Uber driver when he encountered a protest in downtown Austin, initiated the fatal encounter by driving into the crowd. He shot Foster, who was openly carrying his assault-style rifle, with a handgun after the protester approached his car and motioned for him to lower his window. Perry told police that he thought Foster "was going to aim it at me."

Conservatives are once again taking issue with Abbott now that April is days away.

"Why is this man still in prison. You promised a full pardon nearly a year ago," one social media user told the governor in a Friday post on X, formerly Twitter, "Free Sgt Daniel Perry now!!"

"What happened to Daniel Perry in Texas whose self defense case was going before the pardon board? No pardon yet. Sounds like Abbott got away with that scam," another X user tweeted last week.

Responding to a tweet about a different case, conservative YouTuber Lauren Chen wrote in January: "This just brings Texas's judicial batting record back to .500 since Daniel Perry is still unjustly incarcerated."

Abbott issued three pardons in December, granting clemency to Robert Phillip Marsh, Heather Christine Sherman and Jerry Lynn Smith. Perry was not included on the list.

"Having served as a trial court judge, Texas Supreme Court Justice, and Attorney General, I have the utmost respect for our legal system and the unique gubernatorial power to grant clemency to Texans looking for a fresh start," Abbott said in a December 21 press release.

"These three Texans have demonstrated an unwavering commitment to reshape their lives and serve their communities. I thank the Texas Board of Pardons and Paroles for their work to improve our criminal justice system and reduce recidivism in Texas."

Abbott's silence on Perry also comes amid new concerns about the fatal encounter between Perry and Foster. Court documents unsealed after Perry's conviction revealed that he had compared the Black Lives Matter movement to "a zoo full of monkeys" and claimed that it is "racist against white people."

"It is official I am a racist because I do not agree with people acting like animals at the zoo," Perry said in a 2020 Facebook post that was unsealed after his conviction. A year earlier, he had written on social media that it was "to [sic] bad we can't get paid for hunting Muslims in Europe."

Asked about Perry's comments, Abbott spokesperson Renae Eze told Newsweek in April 2023: "All pertinent information is for the Board of Pardons and Paroles to consider, as this is part of the review process required by the Texas Constitution."