Gov. Abbott promised to pardon Daniel Perry after murder conviction. He hasn't — yet.

Serena Lin, Austin American-Statesman
Updated ·2 min read
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Daniel Perry, who was convicted of murder for the 2020 death of a Black Lives Matter protester in downtown Austin, was not included in Gov. Greg Abbott’s end-of-year pardon list, though Abbott has pledged to do so.

On Thursday, Abbott’s office announced that he had granted pardons to three Texans convicted of, respectively, theft and marijuana possession. Two served no time in jail, and one was sentenced to three days in jail.

In July 2020, Perry shot and killed Garrett Foster after driving into a racial justice protest on Congress Avenue. Perry claimed that he shot Foster, who was carrying an AK-47 rifle, in self-defense. During Perry’s trial this year, prosecutors argued that Perry had sought out confrontation.

Daniel Perry and his family walk into court on March 23. Perry was convicted of murder in the fatal shooting of protester Garrett Foster during a 2020 Black Lives Matter march in downtown Austin.
Daniel Perry and his family walk into court on March 23. Perry was convicted of murder in the fatal shooting of protester Garrett Foster during a 2020 Black Lives Matter march in downtown Austin.

Less than 24 hours after a jury in April found Perry guilty of murder, Abbott said on social media that he would approve a pardon if one were recommended by the Texas Board of Pardons and Paroles. The announcement came after prominent conservative figures called on him to undo Perry's conviction.

More: Gov. Greg Abbott announces he will push to pardon Daniel Perry after murder conviction

Though Abbott must wait for a recommendation from the board, he appoints all seven of its members.

Shortly after Abbott’s announcement, a state district judge unsealed court records that contained Perry’s previously unreleased messages and social media posts, which contained racist rhetoric.

Whitney Mitchell, left, is comforted by her mother, Patricia Kirven, after Daniel Perry was sentenced May 10 to 25 years for the murder of Whitney’s husband, Garrett Foster.
Whitney Mitchell, left, is comforted by her mother, Patricia Kirven, after Daniel Perry was sentenced May 10 to 25 years for the murder of Whitney’s husband, Garrett Foster.

In April, a representative from the Board of Pardons and Paroles said that the committee had begun its inquiry into Perry’s case. The board did not immediately respond to inquiries about the current status of its investigation.

Andrew Mahaleris, a spokesperson for the governor, said on Thursday that Abbott “looks forward” to reviewing the board’s recommendation. He reiterated that Abbott had requested an expedited review.

More: Judge sentences Daniel Perry to 25 years in prison but governor has vowed to pardon him

Perry’s lawyer Doug O’Connell said that, to his knowledge, Abbott is still committed to pardoning Perry if the board recommends a pardon.

“We were not expecting an end-of-year pardon,” O’Connell said in an interview. He said the board had not started interviewing witnesses in the case.

This article originally appeared on Austin American-Statesman: Texas Gov. Abbott promised to pardon Daniel Perry. He hasn't — yet.