AUSTIN, Texas — The sentencing hearing began Tuesday for an Army sergeant found guilty of murder in the 2020 shooting death of a protester at a Black Lives Matter rally in Texas, where a prosecutor urged a judge to sentence him to at least 25 years behind bars.
Daniel Perry, 36, faces up to 99 years in prison for fatally shooting Garett Foster during a Black Lives Matter march on July 25, 2020. At the hearing Tuesday, a prosecutor called Perry a “loaded gun” who could harm others when released from prison.
But defense lawyers argued that Perry, who has no criminal history, was not the racist that prosecutors claimed him to be and asked District Judge Clifford Brown to give Perry 10 years after a Travis County jury found him guilty of murder on April 7.
Brown is expected to announce Perry’s sentence Wednesday morning. But Perry might not spend much time in prison.
Texas Gov. Greg Abbott, after facing growing calls from national conservative figures to undo the conviction, tweeted last month that he would approve a pardon for Perry if a request was sent to him from the Texas Board of Pardons and Paroles.
The board is reviewing Perry’s case.
What happened during the shooting?
Perry, an Army sergeant, was working as an Uber driver in Austin in July 2020 when he ran a red light and turned onto a street where Black Lives Matter protesters were marching. He told police Foster approached his car with a raised AK-47, so he shot Foster, 28, five times with a handgun.
Prosecutors said during the trial that Perry instigated the incident by driving toward the group of marchers and that Foster was defending himself when he approached Perry’s car.
A few witnesses said during the trial Foster never raised his rifle at Perry. Perry, who did not testify, told police that Foster did. No videos or photos presented at the trial that showed the position of Foster’s rifle when he was shot.
Lawyers present different versions of shooting
Evidence unsealed after Perry was convicted showed that Perry had said on social media he was a racist.
Prosecutor Guillermo Gonzalez said Perry’s posts on social media show he clearly had very strong feelings against protesters, including saying that people could get away with shooting them in Texas. He was angry when he turned into the crowd because a woman he wanted to meet up with had texted him asking for money, said Gonzalez.
The prosecution also presented a cartoon meme Perry posted on Facebook that showed a woman pushing her baby girl’s head under the water in a bathtub. Underneath the meme it said, “When your daughter’s first crush is a little negro boy.”
Defense attorney Doug O’Connell said prosecutors wanted the jury “to believe (Perry) had this evil plan when he turned right.”
“The protesters didn’t know anything about Perry when they attacked the car and boxed it in,” he said, “and Daniel had no choice, and that could have happened to anyone.”
O’Connell said Perry’s social media posts were taken out of context, and that defense witnesses who had served with Perry in the Army had testified Tuesday that Perry wasn’t a racist.
Prosecutor argues Perry has post-traumatic stress disorder
While prosecutor Efrain De La Fuente said there was no medical record in the military of Perry being autistic, having post-traumatic stress disorder, or seeking mental help, Gonzalez said a doctor had testified Tuesday that Perry has autism and post-traumatic stress disorder.
Greg Hupp, a forensic psychologist hired by the defense, testified in court that he had determined that Perry was autistic and had post-traumatic stress disorder after he spent six to eight hours examining him. Perry had served in Afghanistan, stood close to a soldier who fatally shot himself, and had been bullied as a child, Hupp said.
Perry’s mother, Rachel Perry, also testified Tuesday that her son was diagnosed with autism as a child, had a speech impediment, and was ostracized in his youth. She said Daniel Perry loved the military because it gave him structure.
“This man is a loaded gun ready to go off on any perceived threat that he thinks he has to address,” Gonzalez said. “He will do it again. When you look at his social media he had issues with Muslims, transgender people, Black people, Black Lives Matter, and protesters. I’m frightened it may lead to another situation like this.”
Gov. Abbott vows to pardon Perry
A Travis County jury deliberated 17 hours over two days to reach its decision after an eight-day trial. Less than 24 hours after Perry was convicted, Abbott announced on social media that he will pardon Perry as soon as a request “hits my desk.”
Abbott faced growing calls from national conservative figures such as then-Fox News host Tucker Carlson and Kyle Rittenhouse, who was acquitted in the shooting deaths of two Wisconsin protesters in 2020, to act to urgently undo the conviction.
“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 tweet. “I will work as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”
Abbott lacks authority under state law to issue a pardon without first getting a recommendation from the Board of Pardons and Paroles, whose members he appoints.
Contributing: The Associated Press
