CNN
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A US Army sergeant who was convicted of killing a protester at a Black Lives Matter rally in 2020 was sentenced to 25 years in prison Wednesday morning, even as Texas’ governor pushed for a pardon .
Daniel Perry, 35, was facing between five and 99 years in prison for fatally shooting Garrett Foster, 28, at a racial justice rally in Austin, Texas, following the killing of George Floyd in Minneapolis. Perry and Foster are white.
Before issuing the sentence, District Court Judge Clifford A. Brown praised the jury for grappling with the nuances and complexities of the case for several weeks.
“The hard work, service and sacrifice of this jury deserve our honor and deserve to be respected,” he said.
Perry, dressed in a black and gray striped prison uniform, put his head in his hands and cried after the verdict.
In court Tuesday, Perry’s defense team asked for a 10-year sentence, citing his lack of a criminal record, his psychological problems, including complex post-traumatic stress disorder, and praise from several of his colleagues. · military leagues
Prosecutors sought a sentence of at least 25 years in prison, citing a stream of racist and inflammatory social media posts Perry wrote before the shooting. Prosecutors also said the defense’s own analysis of his mental disorders and mindset showed he was a “loaded gun ready to fire.”
The sentencing comes nearly three years after Perry killed Foster, an Air Force veteran, in a case that has touched on tense political issues including gun rights, self-defense and Black Lives Matter protests.
Prosecutors said Perry, who was stationed at Fort Hood, initiated the fatal encounter when he ran a red light and drove his vehicle into a crowd gathered at the protest. Foster was openly carrying an assault-style rifle, legal in Texas, and approached Perry’s car and motioned for him to roll down the window, at which point Perry fatally shot him with a handgun, prosecutors said.
Perry’s legal team argued that his actions were justified as self-defense. He told police during an interview that he believed Foster was going to point the gun at him, he said CNN affiliate KEYE.
He was indicted by a grand jury nearly a year after the murder. In April, a Texas jury convicted Perry of murder but found him not guilty of a charge of aggravated assault with a deadly weapon. A charge of deadly conduct is still pending.
The length of the sentence may ultimately be debatable. Shortly after his sentencing last month, Texas Gov. Greg Abbott, a Republican, said he wanted to pardon Perry and issued an unusual request for the state Board of Pardons and Paroles to expedite a review of the case earlier that a judgment be issued.
“Texas has one of the strongest ‘Stand Your Ground’ self-defense laws that cannot be overturned by a jury or a progressive prosecutor,” the governor said in a statement on Twitter.
The governor can pardon Perry only if the Board of Pardons and Pardons recommends it, according to Texas law.
The board said at the time that it was opening an investigation immediately and would report back to the governor with recommendations once it is complete. The board said Tuesday that the investigation is ongoing and declined further comment.
At a sentencing hearing Tuesday, several witnesses testified about Perry’s background and the impact of the shooting.
For the defense, Greg Hupp, a forensic psychologist who examined Perry twice earlier this year, testified that he diagnosed her with complex post-traumatic stress disorder and autism spectrum disorder.
Combined with his military experience, Perry had an “us vs. them” mentality in which his mindset was, “I protect myself. I’m prepared for any imminent attack and anything can be a potential threat,” Hupp said.
On cross-examination, the prosecution pointed out that military records did not indicate any such psychological problems.
Prosecutors also referenced documents a Travis County judge unsealed after Perry’s sentencing that show he had a years-long history of making racist comments in social media messages and posts.
Just weeks before the shooting, Perry told a friend in a May 2020 Facebook message that he “might have to kill a few people” who were rioting outside his apartment, according to the documents. And in a June 1, 2020, social media comment, Perry compared the Black Lives Matter movement to “a zoo full of monkeys spewing their shit,” the documents show.
Clint Broden, Perry’s attorney, criticized the release of the documents in a statement to CNN, calling it a political decision by prosecutors.
Broden said Foster also made social media posts advocating violence and supporting the riots, most of which cannot be made public because of Texas discovery rules. Some posts are public, however, including a post praising the 2020 Minneapolis police station fire.
CNN reached out to the governor’s office for comment on the social media posts. An attorney for the Foster family declined to comment on the unsealed documents.
For the prosecution, Whitney Mitchell, Foster’s fiancee, tearfully testified Tuesday about how her life had changed since his death.
Mitchell is a quadruple amputee and said Foster had been her sole caregiver for the past 11 years, helping her get ready for the day, eat and work as a costume designer. They had bought a house together in Austin and she said it’s hard to stay there without him.
“It’s difficult every day I’m there. It’s hard for me to sleep in my bed because he’s not there,” she said. “He was my primary caregiver for 11 years and I’ve had friends who have taken care of me and have to learn to do all those things that Garrett was doing for me for a decade, and it’s hard because I had to get myself. comfortable being vulnerable.”
