A United States Army sergeant, Daniel Perry, has been sentenced to 25 years in prison for killing a protester at a Black Lives Matter (BLM) rally in 2020. The incident took place in Austin, Texas, two months after the murder of George Floyd in Minneapolis. The sergeant faced a possible sentence of five to 99 years for fatally shooting Garrett Foster, a 28-year-old Air Force veteran. Perry’s attorney has stated that they plan to appeal the verdict.
Prior to the sentencing, Perry’s defense team had requested a sentence of 10 years, citing his lack of criminal history, psychological issues including complex post-traumatic stress disorder, and support from his military colleagues. The prosecution, on the other hand, had sought a minimum sentence of 25 years, presenting evidence of Perry’s racist and inflammatory social media posts leading up to the shooting.
The case, whose sentencing comes nearly three years after the slaying, allegedly similar to that of Kyle Rittenhouse in Wisconsin, touched on controversial issues such as gun rights, open-carry laws, self-defense, and the Black Lives Matter movement, reports say. Both Perry and Foster were white.
According to prosecutors, Perry initiated the fatal encounter by running a red light and driving into a crowd at the protest. Foster, who was openly carrying an assault-style rifle, approached Perry’s vehicle and motioned for him to lower his window. Perry then shot Foster with a handgun, claiming self-defense and expressing his belief that Foster intended to aim the firearm at him.
Perry was indicted by a grand jury almost a year after the killing and was subsequently convicted of murder in April. The jury found him not guilty on a charge of aggravated assault with a deadly weapon, while a charge of deadly conduct is still pending. However, the length of the sentence may be rendered insignificant if Texas Governor Greg Abbott, a Republican, succeeds in pardoning Perry, reports say. Governor Abbott has expressed his intention to pardon Perry, citing Texas’ strong self-defense laws. The Board of Pardons and Paroles is investigating the case and will make recommendations to the governor.
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Perry’s attorney commended Governor Abbott’s push for a pardon, asserting that it would reflect Texas’ robust self-defense laws.
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