AUSTIN, Texas — An Army sergeant convicted of murder in the fatal 2020 shooting of an armed Black Lives Matter protester during a demonstration in Austin, Texas, was sentenced to 25 years in prison on Wednesday, even as Texas Gov. Greg Abbott seeks to grant him a pardon.
Attorneys for 35-year-old Daniel Perry asked a judge to consider giving their client a 10-year sentence for the murder of Garrett Foster, a U.S. Air Force veteran, citing Perry's lack of criminal history and presenting evidence that he has post-traumatic stress disorder from a tour of duty in Afghanistan.
"When I look at you, I see a very small man who used his military status as a means to kill," Mayo testified, speaking directly to Perry, who sat at the defense table wearing black and gray striped jail clothes and with his head bowed down."I do not see any honorable traits and I see no remorse for what you've done. You can't even look at my family."
During the trial, defense attorneys argued that Perry fired at Foster in self-defense, alleging the protester pointed the rifle in his direction. But prosecutors argued that Perry could have avoided the fatal confrontation by simply driving away and witnesses testified at the trial that Foster never raised his rifle at Perry.
"Texas has one of the strongest 'Stand Your Ground' laws of self-defense that cannot be nullified by a jury or a progressive District Attorney," Abbott said in a statement. Defense attorneys called forensic psychologist Greg Hupp to testify. Hupp said he believes Perry suffers from PTSD and has personality characteristics consistent with an autism spectrum disorder.
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