In a move that has ignited a storm of controversy, Texas Governor Greg Abbott issued a pardon on Thursday for Army sergeant Daniel Perry, who was convicted last year in the fatal shooting of protester Garrett Foster in downtown Austin in July 2020.

Perry had been found guilty by a Travis County jury and sentenced to 25 years in prison for Foster's murder. However, Governor Abbott expressed his desire to pardon Perry and requested the Board of Pardons and Paroles to consider his case. On Thursday, the board unanimously recommended pardoning Perry, and Governor Abbott signed the declaration, leading to Perry's immediate release from prison.

Travis County District Attorney José Garza strongly condemned the pardon, stating that the actions of the board and Governor Abbott "made a mockery of our legal system." He criticized the decision, saying that it implied that some lives matter more than others and sent a distressing message to Foster's family, his partner, and the community. Garza also expressed his concern that the decision devalued the service of those who had served on the grand jury and trial jury.

The incident occurred when Perry encountered a group of protesters demonstrating against racial injustice and police brutality in downtown Austin. Foster, an Air Force veteran, was legally carrying a semiautomatic rifle when he approached the intersection where Perry was in his car. Perry shot Foster from his vehicle, claiming self-defense and stating that Foster had pointed the rifle at him.

Governor Abbott argued that Perry should have been exempt from prosecution under Texas' "stand your ground" law. Prosecutors, however, presented evidence at trial including social media posts and text messages from Perry, which portrayed him as a racist. Witnesses testified that they never saw Foster raise his firearm at Perry and argued that Perry could have driven away without resorting to violence.

Perry was ultimately convicted of murder but acquitted of the charge of aggravated assault with a deadly weapon. With the pardon, he will have his rights restored as if he were never convicted, including the right to own firearms.

The pardon has sparked further division in an already contentious case. Perry's attorney, Clint Broden, hailed the board's independent and extensive review of the case, asserting that the evidence supported Perry's claim of self-defense. Broden accused District Attorney Garza of suppressing evidence that would have bolstered Perry's case.

As opinions on the governor's decision continue to differ, the controversy surrounding Daniel Perry's release from prison serves as a reminder of the deep societal divide on issues of racial injustice and the role of self-defense laws.

The Texas Department of Criminal Justice has confirmed Perry's release following the governor's pardon.