A Texas prosecutor is seeking to overturn Texas Gov. Greg Abbott’s pardon of Daniel Perry, a U.S. Army sergeant convicted of the 2020 killing of a Black Lives Matter protester.
Travis County District Attorney José Garza announced Tuesday that his office will file a mandamus petition with the Texas Criminal Court of Appeals, arguing that Abbott overstepped his authority and interfered with the judicial process when he pardoned Perry last month . At a news conference, Garza said Abbott and the Board of Pardons and Paroles “put their politics above justice and made a mockery of our justice system.”
Perry was convicted of murder last May for fatally shooting Garrett Foster, a U.S. Air Force veteran, during a Black Lives Matter protest in 2020. Perry is white, like Foster.
Citing Perry’s social media posts and text messages, prosecutors argued that Perry was racist and hostile to the Black Lives Matter movement. He was sentenced to 25 years in prison.
Less than 24 hours after Perry’s conviction, Abbott promised to pardon him and ordered the parole board – made up of members he appointed – to review the case. Last month, at the urging of prominent conservative pundits, Abbott went ahead with the pardon.
The Republican governor’s decision sparked a partisan firestorm. Late last month, Democratic attorneys general in several states urged the Justice Department to investigate the Perry case, expressing concern that the Texas “stand your ground” laws that Abbott cited in his pardon “could encourage vigilantes to attend armed protests and be ready to shoot and kill those who exercise their First Amendment rights.”
Abbott responded to Garza’s announcement on Tuesday, writing to X that he had the authority to pardon Perry.
NOT
TO GO
TO HAPPENThe Texas Constitution provides: In all criminal cases, the Governor, upon conviction, shall have the authority to grant pardons upon the written recommendation and opinion of the Board of Pardons and Paroles.https://t.co/xgXY9tWQd7
— Greg Abbott (@GregAbbott_TX) June 5, 2024
Doug O’Connell, Perry’s attorney, also criticized Garza’s filing in a post on X. “Unfortunately, this is more political theater from Jose Garza,” he wrote. “The executive branch’s pardon power is a well-established constitutional authority.”
Garza’s chances of overturning the pardon may be slim; all nine judges of the Criminal Court of Appeals are elected Republicans. Still, he told reporters on Tuesday: “We are hopeful that the Court of Criminal Appeals will do the right thing.”
This article was originally published on MSNBC.com
