A Texas man convicted of murder for killing a Black Lives Matter protester in July 2020 will likely receive a pardon from the state’s Gov. Greg Abbott.

Abbott said in a statement that Texas law allows him to request that the Board of Pardons and Paroles determine whether a person should be granted a pardon. Texas law only allows the governor the ability to issue a pardon after a recommendation has been made by the board. Abbott shared on Twitter that he would be “working as swiftly as Texas law allows: to pardon Daniel Perry … 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 … I have made that request and instructed the board to expedite its review.”

Abbott added that he was ‘certain’ that the board would agree to recommend a pardon, stating that he anticipated approving it “as soon as it hits my desk … Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”

Perry, a sergeant in the U.S. Army, was found guilty of murdering Garrett Foster. The Austin American-Statesman reported that Perry shot the protester five times as he approached his car while allegedly carrying an AK-47 during a march after the death of George Floyd.  Perry’s lawyers said during his trial that the 28-year-old Foster raised his weapon at Perry before he was killed, and that Perry had fired in self-defense. Witnesses said that Foster never raised his weapon and no video or photos shown at the trial indicated that he did.

Meanwhile, prosecutors argued that Perry had demonstrated anger towards the protesters, and stated in posts made to social media that ‘people could get away with shooting protesters in Texas.’  Prosecutor Guillermo Gonzalez said: “This is an age-old story about a man who couldn’t keep his anger under control. It’s not about police, and it’s not about protest marchers.”

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