January 1, Texas Stand Your Ground Law at Center of Sgt. Daniel Perry’s Conviction in BLM Protester’s Shooting Death

A Texas Board of Pardons and Paroles is investigating the case of Sergeant Daniel Perry after he was found guilty of murder in connection with the shooting of Garret Foster during a Black Lives Matter protest in Austin, Texas in 2020. Governor Greg Abbott requested an expedited probe and pardon recommendation, and the board will report to the governor with recommendations once the investigation is complete. Perry had dropped off an Uber passenger downtown when he made a wrong turn and encountered Foster, who pointed a weapon at him. Perry panicked and fired at Foster, who died from his injuries. Perry was not found guilty of aggravated assault with a deadly weapon, but he was found guilty of murder.

First and foremost, I want to express my condolences to the family of Garret Foster. No one should have to lose their life in such a tragic way. That being said, I am deeply troubled by the verdict that was handed down in the case of Sergeant Daniel Perry. It is my belief that Sgt. Perry was acting in self-defense when he fired at Mr. Foster.

The incident occurred during a Black Lives Matter protest, which can be a volatile and dangerous situation. Sgt. Perry was an Uber driver who made a wrong turn and encountered Mr. Foster, who pointed a weapon at him. In a split-second decision, Sgt. Perry fired at Mr. Foster. This was not a premeditated act of violence, but rather a reaction to a perceived threat.

It is important to note that Texas has one of the strongest “Stand Your Ground” laws of self-defense. In a situation like this, where someone is threatened with deadly force, they have the right to defend themselves. This law cannot be nullified by a jury or a progressive District Attorney.

I believe that Sgt. Perry acted within the confines of the law and in self-defense. It is disappointing to see him found guilty of murder. I am hopeful that the case will ultimately be overturned on appeal. I also support Governor Abbott’s request for an expedited review by the Board of Pardons and Paroles. Sgt. Perry has served our country, and I believe that he deserves clemency in this case.

I want to reiterate that my heart goes out to the family of Garret Foster. At the same time, I believe that Sgt. Perry was acting in self-defense and that he deserves justice in this case. I will be following this story closely and will continue to advocate for the rights of law-abiding citizens to defend themselves.

Stand Your Ground Law in Texas

Texas’s Stand Your Ground law allows an individual to use force, including deadly force, to protect themselves against an attacker without having to retreat from the situation. The law provides that a person is justified in using force against another person when they reasonably believe that force is immediately necessary to protect themselves against the other person’s use or attempted use of unlawful force. The law does not require a person to retreat before using force, and it provides immunity from civil liability and prosecution for individuals who use force in self-defense.

In Texas, an individual who uses deadly force in self-defense must have a reasonable belief that the use of force is necessary to protect themselves from imminent harm or death. The law also provides that an individual has no duty to retreat if they are in a place where they have a right to be, and they are not engaged in criminal activity at the time of the incident.

It’s worth noting that while Texas’s Stand Your Ground law provides legal protection for individuals who use force in self-defense, it does not provide blanket immunity for individuals who use force unnecessarily or excessively. Individuals who use force in self-defense may still face criminal charges and civil lawsuits if their use of force is deemed to be unjustified or excessive.

The Hard Facts:

The Texas Board of Pardons and Paroles is launching an investigation into the case of US Army sergeant Daniel Perry, who was found guilty of murder on Friday in connection with the 2020 shooting of Garret Foster during a Black Lives Matter protest in Austin, Texas. Governor Greg Abbott requested an expedited probe and pardon recommendation, and the board will be commencing that investigation immediately, according to board spokesperson Rachel Aldrete.

The board will report to the governor with recommendations once the investigation is complete, but it is unclear how long the inquiry will take or whether an appeals process is required ahead of the recommendation.

Perry had dropped off an Uber passenger downtown when he encountered Foster, who was carrying an AK-47-style rifle. Perry told a 911 operator on the night of the shooting that he had made a wrong turn and that Foster had pointed a weapon at him, causing him to panic. Perry said that he did not know what to do and that he had never had to shoot someone before. Perry also claimed that Foster had started shooting back at him before he fled the area.

The jury found Perry guilty of murder but did not find him guilty of a second charge, aggravated assault with a deadly weapon. Perry’s lawyer, Clint Broden, expressed disappointment with the verdict, stating that they will appeal the decision and that they are hopeful the case will ultimately be overturned on appeal.

Governor Abbott stated that he was working “as swiftly as Texas law allows regarding the pardon of Sgt. Perry” and that he had requested the Board of Pardons and Paroles to determine if Perry should be granted a pardon. “Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon,” Abbott explained in a statement. “I have made that request and instructed the Board to expedite its review.”

Abbott also emphasized that Texas has one of the strongest “Stand Your Ground” laws of self-defense, which cannot be nullified by a jury or a progressive district attorney. He compared this to other states where the governor can unilaterally pardon someone, stating that the Texas Constitution limits the governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles.

Perry’s legal team is focused on the upcoming sentencing hearing and marshaling evidence related to Perry’s character and service to the country, according to Broden. While the pardon process is outside their control, they remain hopeful that the case will ultimately be overturned on appeal.

Source: Post Millennial