Sergeant Daniel Perry denied retrial, Governor Greg Abbot wants to pardon him
Sergeant Daniel Perry, who stood trial for shooting a Black Lives Matter protester, recently had his retrial request denied. Perry argued that the protester pointed a gun at him. The Jury, however, unanimously convicted him of his charges partly based on anti-BLM comments he made on social media. Governor Greg Abbot has stated that he will sign a pardon recommendation for Perry should one reach his desk.
From the Military Times:
Sgt. Daniel Perry faces up to life in prison for the 2020 fatal shooting of 28-year-old Garrett Foster, who was legally carrying an AK-47 rifle through downtown Austin during a summer of nationwide unrest over police killings and racial injustice.
Perry sought a retrial in part over claims of improper jury behavior during trial and deliberations. State District Judge Clifford Brown, who presided over the original trial, denied the request after a brief hearing.
A jury unanimously voted to convict Perry on April 7. The verdict prompted outrage from prominent conservatives including former Fox News star Tucker Carlson, who called the shooting an act of self-defense and criticized Abbott on the air after he didn’t come on his show.
Abbott, a former judge who has not ruled out a 2024 presidential run, tweeted the next day that “Texas has one of the strongest ‘Stand Your Ground’ laws” and that he looked forward to signing a pardon once a recommendation hits his desk.
The Texas Board of Pardons and Paroles has already begun what legal experts say is a highly unusual and immediate review of the case on the orders of Abbott, who appoints the panel.
The governor has not said publicly how he came to his conclusion. It is not clear when the parole board will reach a decision on Perry’s case.
The Military Times presents more information on this event.
Category: Veterans in the news
It was a good, clean self defense kill that was entirely justified. Not only should he be pardoned but he should receive a certificate of good citizenship or civic appreciation for his service to Austin and Americans, wherever located.
His actions should be taught to all those wishing to own firearms. There are some things you just don’t do.
This is a lie.
It was not a clean shoot.
And he even talked about doing this exact same thing PRIOR to the shooting and saying he would claim self defense.
His friend even warned him that intentionally putting himself into a position where can justify shooting someone and claiming self defense is NOT a clean shoot.
All prior to the shooting.
Dude, your fellow leftists can be Darwin Award winners, too. Play stupid games, win stupid prizes.
Shooting someone who is pointing a loaded rifle at your head is pretty much the definition of self defense. He was no threat to Mr. Foster.
A guy with a bigger gun points it at guy with a smaller gun who shoots him for doing that. Seems pretty clear cut to me.
You lying commie moron, you said the same thing about Rittenhouse.
Fuck you, this idiot is on tape raising his gun and getting waxed. Come ON asshole, raise your “ out of state gun”at me and see what happens, yeah you said you had out of state guns. We have long memories here. Fuck you LARS, YOU ARE A FOOL AND PROVE IT WITH EACH POST.
Screw you
I’m relatively uninformed when it comes to the law, but given that all it would’ve taken, I think, was one juror to say ‘not guilty’, doesn’t that suggest that perhaps it’s not so clearly a good, clean, self-defense kill?
I mean, twelve people agreeing he’s guilty seems a high fucking bar. I served on an attempted murder trial once, and we all felt the asshole (prior history of abuse and violence) did it.. but the evidence in the case in question was so weak that it went 11-1 against convicting him.
I just struggle to understand how people on the sidelines can be so adamant that he’s completely innocent when twelve people said, beyond a reasonable doubt, that he was guilty.
And to be clear, 11 people on that jury all felt the guy was the type to do it, and may have done it there, but couldn’t in good conscience convict him because the evidence was weak. One person just said, “Fuck it, I don’t like him – I know there’s a lack of evidence, but I think he’s guilty.”
And you should have reported that juror to the judge for sanctions.
If there is ANYPLACE in Texas where that could not just happen, but easily happen, it’s Austin, a small patch of the Lone Star State where even Lars would feel right at home… 🙄
Austin, Houston and Hell Paso are the Blue State sh*thole part of Texas.
Austin. Libtarded city.
Jury quite likely to be the same.
Actual evidence does not substantiate murder.
“It is not clear when the parole board will reach a decision”
Seems pretty clear to me. I’ll go with “soon”.
Seems like the prosecution’s main offense was, “he said mean tweets against #BurnLootMurder” (where have we heard “mean tweets” before!?).
It would be interesting to play the “Reverse Color” game. What if…….Sgt Perry were black? Still an infantry in the cav. Still driving an Uber for pocket change. Still accidentally came across a #BLM (mostly peaceful) protest (riot).
Would the beating on the car and threats to himself still occurred? Or would it have been, “CLEAR THE STREET! MAKE A PATH FOR THE BROTHEH!”
If the “black” Sgt Perry did have to shoot the AK47-toting rioter for threats (real or perceived), would the DA have even charged the “black” Sgt Perry? Or would it have been, “A clear case of self defense, nothing to see here, case closed”.
Please Pray For Our Country.
2 Chronicles 7:14
I’m sure Commissar will be here soon to explain to us how wrong we are, and how innocent the antifa/BLM (is there an actual difference?) thug was..
BLM was not on trial in this case.
A now convicted murderer with a prior history of saying he wanted to kill protestors, and explaining how he might get away with it. Prior statements that were very similar to what he actually did and how he tried to get away with it.
Funny how you want me to defend BLM while defending a fucking murderer piece of shit.
He also had a history of white power posts and posting about wanting to kill Muslims.
Go back to your children’s drag shows you fucking loser.
You just prove how much you mindlessly absorb and regurgitate bullshit right wing nonsense.
You are a fucking drone.
You could not pass the Turing test. Indistinguishable from a low effort social media bot.
Funny how I went to a better school than you, don’t live in a ghetto and have an actual job.
You’re pathetic — you look like Charlie Brown in ACU’s. But thanks for the laugh.
Better school?
Subjective. I think Ivy League schools are a cancer on our political economy. Most are overrated because we partly rate them by post graduations earnings. Which is not how academic institutions should be ranked and skews toward privilege since schools that mostly admit rich kids tend to have graduates that have unearned wealth and nepotistic advantages.
By global rankings Berkeley is 5th in the world. And the top public university in the world.
THAT IS RIGHT BROTHER! SCHOOLS SHOULD BE RATED UPON HOW WELL THEY CARRY MARX’S WORD INTO THE WORLD! VIVA LA REVOLTION! YOU INSECTS BENEATH US WILL BE THE FIRST AGAINST THE WALL WHEN THE TIME COMES!
You’re conflating “education” with “knowledge”. You’ve spent your life in academia, but really haven’t learned a damn thing. You consistently prove that. The real world is a complete mystery to you
The best part about UC Berkeley Professors is their unmitigated lack of shame in peddling race politics. When caught being phonies of different ethnicities or races at one of the most famous colleges in California they apologize and set down their Peace Pipes and Tomahawks.. It’s not like other places where they buckle under pressure. That takes Elizabeth Warren type character.
https://www.foxnews.com/media/uc-berkeley-scholar-apologizes-white-identifying-native-american
Ah, that charming winning personality shows itself again. And you wonder why you alienate folks.
I responded in kind.
Deckie was being a little shithead.
Maybe he was. He’s also correct.
And yet, you come back. I guess you like the abuse. Perhaps if we just regurgitate “right wing nonsense”, why don’t you include links to the “truth”? Maybe help your fellow veterans see the error of their ways.
Just sayin.
Projection Reviewed by Psychology Today Staff
Projection is the process of displacing one’s feelings onto a different person, animal, or object. The term is most commonly used to describe defensive projection—attributing one’s own unacceptable urges to another. For example, if someone continuously bullies and ridicules a peer about his insecurities, the bully might be projecting his own struggle with self-esteem onto the other person.
The concept emerged from Sigmund Freud’s work on defense mechanisms and was further refined by his daughter, Anna Freud, and other prominent figures in psychology.
All of which, reversed, applies equally to you Lars.
While I am pretty leftist, I am not on board with every idea and policy position on the left. In fact I hate the Democratic Party.
As for your accusation about “drag shows”.
While I think Transgender folks should be free to be transgender, I am not an ally of the Trans movement currently.
For instance, I don’t think Transgender folks should be allowed to join the military. I think gender dysphoria should be presumptively medically disqualifying for joining the service.
Currently serving transgender folks should be medically boarded to determine if their condition can be managed and accommodated in the service without excessively disrupting unit function or the mission.
But Trans folks should not be allowed to join except in rare cases of clear relatively low impact dysphoria and then only after evaluation and a waiver.
Note: dressing in drag is not the same as transgender…I am just assuming you have them in your head as the same thing and responded accordingly.
YES! SING IT BROTHER! THE ONLY TRUE LEADERSHIP IS IN THE AMERICAN SOCIALIST PARTY! THE DEMOCRATS ARE A BUNCH OF TRANS LOVING LIMP WRISTED FREAKS! WE FEEL YOUR HATRED AND NOURISH IT TO LET IT GROW! THEY WILL BE THE SECOND AGAINST THE WALL WHEN THE REVOLUTION COMES! ONLY STRAIGHT MORALLY COMMITTED PEOPLE ARE GOOD ENOUGH TO SERVE!
C’mon Lars, now you’re just trying to ingratiate yourself with us mindless rightwingers… 😉
So did the jury get to see the social media history of the good commie? Did the jury get to see APD video of cops interacting with the good commie on previous occasions when APD told him “Open carry is okay. But when you point it at someone, that’s assault”.
Probably not.
Also like to hear the questions the DA asked during jury selection. AND the ones the defense was prevented from asking
But then again, it was Austin, so I’d expect nothing less from that particular jury. You know, “Forget it Jake, it’s Chinatown” but in this case “Forget it Leslie, it’s Austin.”
Pretty bold talk for an Antifa medic.
While his statements are stupid and distasteful, they are not illegal. Very much like your own posts here. Every. Single. Post. Fraud.
In a graphic:
In Lar’s general direction?
Or he’ll taunt us a second time, of course.
Lars,
with more respect than you are due
go fornicate yourself.
Did he kill your butt buddy?
This psychopath was found guilty by a Texas jury. Texas has one of the strongest stand your ground laws. Texas juries are sympathetic to use of force.
He posted about wanting to kill a protestor PRIOR to killing a protestor. Then killed a protester.
He had been posting about protests and killing protestors for months.
“I might have to kill a few people on my way to work, they are rioting outside my apartment complex.”
“I might go to Dallas to shoot looters.”
Perry also speculated about how he might get away with it by claiming self-defense.
Two weeks prior to the shooting he told explained to a friend that shooting protesters was legal if it was in self-defense. And how you can create a circumstance where you could claim self defense.
His friend replied “Aren’t you a CDL holder too? We went through the same training … Shooting after creating an event where you have to shoot, is not a good shoot.”
He was found guilty because he was guilty.
Is a disgrace that you all hero worship these fucks.
Rittenhouse also posted about wanting to shoot protestors…then traveled across state lines to be armed at a protest “guarding property”.
The difference was Rittenhouse’s posts about wanting to shoot people at protests was not as clear evidence of intent so it was not admissible.
In Perry’s case the prior discussions about killing protestors, what he would claim to get away with it, and how he could create a circumstance where he could claim self defense were similar to what actually happened so they were ruled admissible.
Also, Perry had a history of posting about wanting to kill Muslims and posting white power memes. The guy is a shitbag. And a convicted murderer.
Choose better heroes.
Who is your hero? Che?
No, he was an opportunistic grifter and a probable narcissistic sociopath.
I don’t admire shitbags like that.
Our world would be better off is opportunistic narcissistic sociopaths did not so easily create a cult following for themselves.
The only way that happens is if people Ike you stop being obedient drones waiting for their next cult leader to emerge.
BROTHER DON’T FILL YOURSELF WITH SELF LOATHING! EVEN AS A NARCISTIC SOCIOPATH YOU STILL HAVE VALUE! YOUR TIME WILL COME! KEEP PREACHING AND THE DRONES WILL SOON FOLLOW!
I don’t think anyone is making the case that he is a hero. Big difference between hero and not guilty. It doesn’t matter what his personal beliefs are. The question that matters is did he fear imminent serious bodily injury or death because someone was pointing an AK47 at him.
You used to be a police officer. You know those statements and beliefs have absolutely no bearing on what happened at that moment in time of the shooting in a trial.
He could be the worst person on the face of the earth, but he still has a right to defend himself.
I certainly don’t envy the position he was in, nor would I wanna invite him over to my bbq…
But sweet Jesus if you’re gonna walk around with an AK *whatever* the reason, even if (for sake of discussion) it’s FAKE, you gotta realize you just might have dressed for the last time in your life when you left the house. And you got nobody to blame for that but yourself.
Even if a total asshole shoots you because they’re in fear for their own life — you had it coming.
C’mon man… start up that 🤪 UCB educated brain 🤪 and make believe you’re alive.
Going to a protest open carrying is stupid. Regardless of which side of the political spectrum you are on.
Doing it with a fake weapon is Darwin level stupid.
But saying you want to kill a protest, how you could set the conditions to plead self defense, discussing how you might do it with a friend, ignoring your friend’s warning that it would not be self defense…
And doing what you said you would do just so you could justify killing so one is monumentally stupid. Also psychopathic.
I’m going to reluctantly agree with you. But… While everything you describe is high-level stupid, none of it is illegal. Pointing an AK at a human being is. And it got him killed.
The witnesses all say he never pointed an AK at him. If a single witness had done so under oath he had a better chance at being acquitted.
On video and that he liked intimidating people fuck you
They have him on tape doing it dude.
I used to be a police officer.
And prior statements of wanting to shoot someone and how he might get away with it that are very similar to what he actually did absolutely do have a bearing on whether the shoot was clean. As a cop you SHOULD know that.
Prior statements do have a bearing on events.
The fact that he was in a position where he could claim self defense would be all that mattered in the moment if he had not made prior statements about putting himself in a position here he could claim self defense because he WANTED to shoot a protestor.
Fortunately, cops don’t decide guilt. And they don’t decide if someone met the elements of a crime. DAs determine if an action met the elements of a crime and juries determine guilt.
The DA determined that his actions were a crime, and a jury found him guilty.
The cops also pivoted immediately after learning about his prior statements and prior intent.
It’s ironic how you respect this jury’s decision, but not the one in Wisconsin. My question is would the antifa dude still be alive if he hadn’t been pointing his ak at people that night.
I accepted the decision. Though his prior statements about wanting to kill a protestor should have been admitted.
I still think he is a creepy shitbag that went there looking for an opportunity to shoot a protestor.
He was just not as explicitly clear about his intent online prior to going.
The Travis County Prosecutor? Jose Garza?This guy? “According to data compiled by the Capital Research Center, Garza is one of dozens of district attorneys around the country to have been substantially backed by leftwing billionaire George Soros, via direct contributions and supporting ads from activist groups such as the Texas Justice and Public Safety PAC”.
GTFOH with your lame, left wing bullshit.
Concur.
I knew I liked you for some reason ……
ITS GOOD BROTHER! YOU MAY NOT BE A COP ANYMORE BUT YOU ARE STILL WHITE AND THAT IS ALMOST THE SAME THING! BUT YES NEVER TELL PEOPLE WHAT IS IN THE DARKNESS OF YOUR HEART! BUT HAVE NO FEAR YOU CAN STILL SHOOT PROTESTORS TOO IF THEY ARE CLIMBING A GATE! THAT IS CLEAR AND PRESENT DANGER! JUST DONT TELL ANYONE BEFOREHAND!
IF you were an LEO like you say, then IMHO it’s obvious that you couldn’t hack it and/or flunked lunch while you were on Probationary Status.
Soros da
You could read about the rules of evidence.
Commissar “used to be” a lot of things, “successful” is not on that list.
I hear that half of all police academy graduates don’t make it three years on the job. Either it is a poor fit or they are so messed up they are a liability nightmare. Not going to take bets on which he was.
My bet is that he flunked lunch while he was still a Rookie.
BROTHER IX-NAY ON THE LOOTER UM SUMMA RIOTETAY. MOSTLY PEACEFUL PROTESTS ONLY! DONT SAY THE QUIET PART OUT LOUD! YOU ONLY GIVE THEM AMMUNITON!
I haven’t seen the video that shows where the AK was raised towards him, but witnesses who testified said otherwise. It seems to me that perhaps such a video might have been introduced in defense. Maybe it was…I don’t know. It also seems his previous social media comments were used in aggravation to convict him, since everything he posted pretty much transpired as he described. APD also noted that when Perry was told that Foster had died, he reacted with the emotions one would expect to have upon learning they killed someone, then Perry’s demeanor abruptly changed when he was told he was being released, and even jokingly asked if he could keep the jumpsuit issued to him. Overall, there’s something about this case that didn’t seem right, and I’m hard pressed to consider it a clean shoot based on the other information. On its face, it appeared to be a defendable self defense case, but Perry’s social media posts prior to the shooting (and even his friends testimony) were used against him. I think had the trial been held in Fort Worth instead of Austin, the jury would have arrived at the same conclusion. Those circumstances, it seems to me, influenced the “beyond reasonable doubt” burden of proof that it was a self defense situation. Obviously I wasn’t on the jury, but I do know that sometimes things don’t appear as they seem to be.
No, he was found guilty by an AUSTIN jury. Other than its physical location, Austin is just another Berzerkely. It has nothing to do with Texas, nor were the laws of Texas properly applied. All this came down to was the assault by the BLM member when he raised a weapon and aimed in on him, and him shooting said BLM member in the commission of a violent felony. The leftards could not scrape it together though due to poor logic skills.
Funny — the crowd was totally cool with Foster and his *actual* assault weapon.
Long guns have been legal to open carry in Texas even before they enacted concealed carry. Anti-gun control protesters have been carrying them for years. But yeah, the irony of the left defending his carry of evil ASSAULT GUNZ is kind of funny.
One key point being missed is that the eyewitnesses all swore that the guy who got shot did NOT point his AK at the good sergeant. Pounding on his car didn’t fly as the sole basis for self-defense. Regardless of his on-line posts, without corroboration that the dead guy actually pointed his weapon, the prosecution had a strong case. Were all the witnesses lying? That may be possible, but absent proof of perjury, hard to use as a basis for acquittal.
Thank you, David.
This guilty verdict was not an injustice.
A pardon would be.
I’d be curious to know if any of the witnesses were NOT protestors / antifa…
“Sgt. Daniel Perry faces up to life in prison for the 2020 fatal shooting of 28-year-old Garrett Foster, who was legally carrying an AK-47 rifle through downtown Austin during a summer of nationwide unrest over police killings and racial injustice”.
“Legally carrying” ended when Mr. Foster pointed his AK-47 at another human being that was no threat to him.
Problem is that as of today there seems to be no objective evidence (ie. Video) supporting the defense claims, and multiple witnesses supporting the bad-shoot claim. For once I wish some asshole had videoed it. As is, it’s he-said/they-said.
In a crowd like that, someone DID video it, you can bet on it.. but if what it shows doesn’t match the story they want told, it’s been deleted, or will never see the light of day..
Soros-funded DAs feel exculpatory evidence is “racist” or something.
It would require a complete suspension of disbelief to think it was not recorded on multiple phones. It’s a very safe bet that none of that video will ever surface.
David, the Austin senior homicide investigator filed a complaint claiming that DA Garza had coerced him into altering his testimony, testimony that could have favored SGT Perry’s position:
“In the sworn affidavit, Fugitt claims he had “several conversations” with the District Attorney’s Office regarding evidence that could have been favorable to Perry but “it became clear to me that the District Attorney’s Office did not want to present” this evidence. Fugitt said he was ordered to remove more than 100 slides from his presentation and felt like he “did not have any other options but to comply with their orders.”
Austin police detective accuses Travis County DA of ‘criminal behavior’ in case against Sgt. Daniel Perry | KXAN Austin
It should be noted that the district judge who discounted the senior police investigator’s complaint is a liberal DEMOCRAT. Imagine that in Sodom on the Colorado… 🙄
Not prosecutorial misconduct when left/libtards do it or something…
Hmmm. I wasn’t aware of that.
I’m no attorney, but I suspect if there was additional evidence, it should have been introduced. At the least, Perry’s attorney might have protested this fact as a discovery issue, and maybe establishing grounds for an appeal.
(I defer to the experts on the process…)
“he-said/they-said”
Don’t complicate the matter by assuming pronouns.
Dear Comissar,
In what world do I have to give up my freedom of speech, right to personal safety, the right to the safety of my property and the right of safety to others in the favor of “a mob”.
Did you not say that you were a police officer, as well as a former officer in the military. Did you not swear oaths to uphold and defend the constitutions of the state and country you entered into service with? If so how do you reconcile violent protestors destroying property and in some cases lives with those oaths that you took.
In my world, I have the freedom to be free from the threat of the mob violence plaguing our society. I will support their right to peaceful protest, but that stops when the “protestors” start banging on and destroying my property and threatening my personal safety.
I’m sorry to have missed this in real time. Many laughs had!
SGT Perry was a victim of someone else’s stupidity and then again to a malicious persecution.
Expect more as animated weirdos do hoodrat shit to presumptively soft targets.
Stay away from their hives.
I say wall off their hives and let them eat each other.
He’s a murderer, that’s for sure!
Name edited to protect PII.
AW1
Idiot with rAK SELF MURDERED FOR SURE. glad you agree
Idiot with the ak self murdered for sure. Glad you agree.
No matter what your feelings regarding this particular incident, it should be painfully clear that you should temper your remarks online. The internet is a wonderful place where folks can share ideas and comments. It is also a wonderful place to obtain evidence to show prior thoughts and or intent should a criminal investigation be launched. You can end up being your own worst enemy when your past comments are rolled out. The internet can be forever as far as storing your words online.
Reading just a few of the comments, and having read some of the news articles, I’ll state this:
I think that Perry was well within his rights to use deadly forces against Foster. Sucks, but mess around and find out. There’s a certain thought process on both sides of the political extremes that having a gun and showing force makes you a force to be reckoned with. Having that Kalashnikov and carrying it in a menacing manner looked to me (having seen pictures and video from the incident shortly after it happened) to justify the use of deadly force in self-defense. Just like with Rittenhouse, you have no strength in numbers, a mob of vandalizing “protestors” who are steadfastly against what you believe in, and no certainty that you’ll make it home safe. Look at everything else going on at the time, like the guy who was assaulted, sped off, wrecked, and then was dragged out of his truck and kicked in the head. Or the Fed Ex trucker whose trailers were being broken into and who had an armed guy try to force him out of the cab before taking off and getting an “innocent protestor” caught in the coupler. In 2020, being in the wrong place at the wrong time and not having some sort of equalizer (i.e., a gun) was a recipe for ending up hospitalized or dead. That “force to be reckoned with” (Foster) learned quickly that not everyone is intimidated or impressed by a mask-wearing full with a rifle.
As for the social media stuff, that just shows that using social media on a regular basis, especially to post controversial thoughts and opinions, is not a wise idea. If it played a role in the conviction, Perry is probably regretting his moments of keyboard warrior machismo. If and when he’s pardoned, he’ll do well to shy away from Twitter and other platforms.