Daniel Perry is an Afghanistan war veteran who was stationed at Fort Hood and working as an Uber driver in July 2020 in Austin, Texas. On Friday a Travis County jury found Perry guilty of the murder of a BLM protester. It found him not guilty of an aggravated assault with a deadly weapon in connection to driving in front of another protester.

Perry was driving as an Uber driver and turned down a street blocked by BLM protesters. Perry’s case quickly became one of self-defense as a protester, Garrett Foster, pointed an AK-47 at him. Travis County District Attorney José Garza, a George Soros-backed DA, argued that Perry had other choices available. Perry was armed with a revolver. He shot Foster five times.

Perry, who is an Army sergeant, was traveling on Fourth Street on the night of July 25, 2020, and turned right onto Congress Avenue, where a Black Lives Matter crowd was marching. Perry stopped, and several protesters approached his car, including Foster, police have said. Protesters have said they feared they were being attacked by someone in a car. Defense lawyers have said Foster, 28, raised his AK-47 at Perry, and that Perry, 37, fired in self-defense.

During closing arguments on Thursday morning, defense attorneys said Perry had no choice but to shoot Garrett Foster five times as he approached Perry’s car with an AK-47 rifle. Prosecutors said Perry had plenty of choices, including driving away before he fired his revolver.

The trial lasted for eight days. The jury deliberated for 17 hours over two days. As the verdict was read, Perry sobbed loudly. Foster’s wife hugged friends and cried. Foster’s father said outside the courtroom, “We are happy with the verdict and also very sorry for (Perry’s) family as well.”

Judge Clifford Brown signaled he will likely schedule a sentencing hearing on Tuesday.

DA Garza praised his staff. The police investigation cleared Perry of any wrongdoing but Garza was determined to prosecute him.

“I’m grateful to our dedicated career prosecutors and victims’ counselors who tried this case. They worked hard to make a complete and accurate presentation of the facts to the jury,” Travis County District Attorney José Garza said in a statement. “Our hearts continue to break for the Foster family. We hope this verdict brings closure and peace to the victim’s family.”

A prosecutor tried to paint Perry as anti-protest and accused him of being angry as he came upon the street crowd.

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 texting him asking for money, said Gonzalez.

“This is an age-old story about a man who couldn’t keep his anger under control,” said Gonzalez. “It’s not about police, and it’s not about protest marchers.” Gonzalez said Perry committed aggravated assault with a deadly weapon by driving into the crowd even though he could clearly see the protesters marching from three different angles before he turned right on Congress Avenue, Gonzalez said.

“Garrett Foster had every right to go up to him and see what the heck was going on and he had every right to do it with a deadly weapon,” Gonzalez said.

Perry’s attorney countered that protesters didn’t know him or were familiar with his social media postings. Foster was dressed for battle with a neoprene vest under his T-shirt and carrying an AK-47, a club, and a knife. Perry was driving in a T-shirt, shorts, and flip-flops

Nothing screams mostly peaceful protest like an AK-47, a club, and a knife all carried by one protester.

Gov. Greg Abbott announced on social media Saturday that he would pardon the convicted killer as soon as a request “hits my desk.”

I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry. pic.twitter.com/HydwdzneMU

— Greg Abbott (@GregAbbott_TX) April 8, 2023

Critics say it is unusual for the governor to begin the pardon process before the verdict was appealed.

David Wahlberg, a former Travis County criminal court judge, said he cannot think of another example in the state’s history when a governor sought a pardon before a verdict was formally appealed.

“I think it’s outrageously presumptuous for someone to make a judgment about the verdict of 12 unanimous jurors without actually hearing the evidence in person,” Wahlberg said.

Doug O’Connell, who represents Perry, told the Statesman in a statement Saturday: “Right now we are completely focused on preparing for Daniel’s sentencing hearing. I visited Daniel in jail this morning. As you might expect he is devastated. He spoke to me about his fears that he will never get to hug his mother again. He’s also crushed that his conviction will end his Army service. He loves being a soldier.”

Under Texas state law, the governor does not have the authority to issue a pardon without first getting a recommendation from the Board of Pardons and Paroles. The governor appoints the members of that board.

One defense attorney raked Abbott over the coals for the move.

A pardon would release Perry from his sentence and restore his right to vote and serve on a jury. Defense lawyer Rick Cofer, who was not involved in the trial, expressed astonishment over Abbott’s announcement.

“It’s what happens in Uganda or El Salvador,” said Cofer, a former prosecutor. “Total abrogation of the rule of law. And what’s even worse is that Abbott knows better. He was a smart Texas Supreme Court Justice. He knows this is legally wrong. Profoundly wrong. Pure politics.”

Politics, you say? Like when a county DA ignored the police department’s investigation into the incident and went ahead and prosecuted Daniel Perry?

Lt. Governor Dan Patrick spoke out about the matter of Garza and exculpatory information in this case.

The case’s lead detective, who maintains Perry acted in self-defense, is considered the “best” in the city of Austin, according to Patrick, who also reiterated claims that Garza instructed the detective to remove any exculpatory slides from his 158-slide presentation of evidence from the case.

“He says he believes that the evidence he [the detective] would’ve presented to the grand jury would have possibly led to them not even indicting [Perry],” Patrick said.

The detective maintains that Garza’s conduct was not only unlawful, but bordered on criminal conduct of witness tampering.

So, there’s that.

Daniel Perry is a soldier trained in self-defense. When a protester pointed an AK-47 at him, that training automatically kicked in. He responded accordingly. We’ll see how his plays out, beginning with Perry’s sentencing hearing tomorrow. It seems to me that the pardon process should continue and the governor should act as quickly as possible to keep this man out of prison.