AUSTIN, Texas (AP) 鈥� A U.S. Army sergeant at a Black Lives Matter march in Texas was sentenced to 25 years in prison Wednesday, after prosecutors used his social media history and text messages to portray him as a racist who may commit violence again.
Daniel Perry's sentence now pushes the case toward a potentially thorny decision for Republican Texas Gov. Greg Abbott, who has said he wants to issue a swift pardon.
Abbott requested the state Board of Pardons and Paroles for Perry shortly after he was convicted in April of killing at the Austin march in July 2020.
Abbott lauded Texas' tough Stand Your Ground self-defense laws and said Perry was railroaded by a liberal prosecutor. Since then, including shockingly racist images, have been made public and the governor has stayed silent on the matter.
Abbott鈥檚 office did not respond to an Associated Press request for comment on the sentence or whether he still intends to issue a pardon. Perry, 36, could have received up to life in prison.
Rice University political science professor Mark Jones said on the call for a pardon.
鈥淎bbott clearly boxed himself into a corner,鈥� when he appeared to respond to criticism from conservative former Fox News star Tucker Carlson, who demanded the governor act, Jones said.
鈥淚 suspect if Gov. Abbott had known all that he knows now, he would not have jumped the gun on pledging to pardon him,鈥� Jones said.
The Pardons and Parole board, which is appointed by Abbott, has already started reviewing Perry鈥檚 case. State law requires the board to recommend a pardon before the governor can act.
The case has been embroiled in politics as it came amid widespread demonstrations against police killings and racial injustice, following a Black man, by a white Minneapolis police officer.
Perry鈥檚 attorneys on Wednesday called the case a 鈥減olitical prosecution鈥� and the release of the texts and social media posts 鈥渃haracter assassination.鈥�
Attorney Clinton Broden said the defense team would pursue both a pardon and a standard appeal in the court system.
鈥淭hose who claim that Governor Abbott鈥檚 expressed intent is based on politics simply choose to ignore the fact that it was only the political machinations of a rogue district attorney which led to Sgt. Perry鈥檚 prosecution,鈥� he said.
Travis County District Attorney Jose Garza said it was Abbott 鈥渨ho decided to insert politics in this case.鈥� Garza said he鈥檚 been assured by the parole board that he and Foster鈥檚 family will be given a chance to address the board in Perry鈥檚 case.
In a statement, the board confirmed the investigation is ongoing and declined further comment.
鈥淭he entire history of the board, the board has been a careful steward of the power of clemency in this state,鈥� Garza said. 鈥淥ur criminal justice system is not perfect, but in this case it worked exactly as it should. The Travis County District Attorney鈥檚 office is not done fighting for Garrett and the integrity of that process here.鈥�
In a brief statement before sentencing, state District Judge Clifford Brown said Perry received a fair trial. The jury鈥檚 verdict 鈥渄eserves our honor and it deserves to be respected,鈥� Brown said, without mentioning the potential pardon.
Jones predicted the board will let Perry's legal appeals happen first, and that it would be years, if ever, before the board makes a recommendation in the case.
鈥淭he majority (of conservatives) will want to put it in the rearview mirror,鈥� Jones said. 鈥淐onservatives have far better causes and individuals to support, far better than Daniel Perry.鈥�
Perry, who is white, was stationed at Fort Hood, about 70 miles (110 kilometers) north of Austin, when the shooting happened. He was working as a ride-share driver and had just dropped off a customer when he turned onto a street filled with protesters. Foster, a 28-year-old Air Force veteran who was also white, was legally carrying an AK-47 rifle.
Perry said he acted in self defense, claiming that he was trying to drive past the crowd and fired his pistol when Foster pointed a rifle at him. Witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without shooting.
Army spokesman Bryce Dubee has said Perry is classified as in 鈥渃ivilian confinement鈥� pending separation from the military.
Among Perry鈥檚 statements introduced Tuesday, he wrote on Facebook a month before the shooting: 鈥淚t is official I am a racist because I do not agree with people acting like animals at the zoo.鈥�
Floyd was killed on May 25, 2020. A few days later as protests erupted, Perry sent a text message to an acquaintance: 鈥淚 might go to Dallas to shoot looters.鈥�
Foster was with his girlfriend, Whitney Mitchell, who is Black and uses a wheelchair, when Perry gunned him down. Mitchell and several members of Foster's family were in the courtroom for sentencing Wednesday.
Foster鈥檚 mother, Sheila Foster, was allowed to address Perry after he was sentenced and still in the courtroom.
鈥淎fter three long years we鈥檙e finally getting justice for Garrett,鈥� she said. 鈥淢r. Perry, I pray to God that one day he will get rid of all this hate that is in your heart.鈥�
Jim Vertuno, The Associated Press
