In a controversial move, Texas District Attorney José Garza announced plans to file a petition to overturn Governor Greg Abbott's pardon of Daniel Perry. Perry was convicted of murder in the fatal shooting of a Black Lives Matter protester during a rally in 2020.

During a press conference streamed by local ABC news outlet KVUE, Garza accused the Board of Pardon and Paroles, as well as the governor, of prioritizing politics over justice. He criticized their actions, stating that they went against the law and undermined the credibility of the legal system.

Perry, an active-duty U.S. Army sergeant stationed at Fort Hood, was working as a ride-sharing driver when he encountered a crowd of protesters in Austin on July 25, 2020. Witnesses testified that Garrett Foster, the protester who was fatally shot, never raised his AK-47-type rifle at Perry. However, Perry claimed to the police that Foster had raised the weapon.

In an open letter, 14 attorneys general from different states called on the U.S. Department of Justice to investigate the killing. The letter highlighted Perry's disturbing internet search history, which included searches related to covering up his crime and the potential for vigilante murder. Additionally, Perry had shared racist and anti-Muslim messages and memes.

Perry was originally sentenced to 25 years in prison, but Abbott granted him a pardon last month, which sparked widespread criticism. The pardon prompted Abbott to clash with both the jury's decision and District Attorney Garza for pursuing the case. Abbott cited Texas' strong "Stand Your Ground" law as the reason for his intervention.

Responding to Abbott's pardon, Garza expressed deep concern over the governor's willingness to interfere in the legal proceedings surrounding Foster's death. He argued that in a state that values the rule of law, it is the jury's role to determine guilt or innocence, not the governor's.

At this time, Perry's attorneys and representatives for Governor Abbott have not issued any immediate comments in response to the District Attorney's announcement.

Garza's petition seeking to overturn the governor's pardon is likely to reignite debates over the role of executive clemency and the limits of self-defense laws in Texas. The outcome of this legal battle will have significant implications for future cases involving self-defense claims and the accountability of law enforcement officers in similar situations.

It remains to be seen whether Garza's efforts will be successful in challenging the governor's pardon and potentially reopening the case against Daniel Perry.