Former Army Sergeant Daniel Perry, recently pardoned by Texas Governor Greg Abbott, has spoken publicly for the first time about the events surrounding the 2020 shooting of armed Black Lives Matter protester Garrett Foster. Perry described the incident, his controversial trial, and what he called politically motivated actions by Travis County District Attorney Jose Garza.
Perry, stationed outside Austin at the time, was working as an Uber driver when he drove into a BLM protest on July 25, 2020. Perry said his vehicle was surrounded, rocked, and hit by protesters. Foster, carrying a loaded AK-47, approached Perry’s car. “He takes two steps back and starts raising the barrel of his AK-47 at me,” Perry recounted. Acting instinctively, Perry fired his revolver, fatally wounding Foster. Fleeing the scene, Perry’s car was fired upon by a second shooter, who left three bullet holes in the vehicle. The shooter has been identified but not prosecuted.
Initially, police labeled Foster’s death a “justified homicide.” However, DA Jose Garza, backed by funding from George Soros, pursued murder charges. Perry was convicted in April 2023 and sentenced to 25 years in prison. His defense argued the charges were politically motivated and highlighted irregularities during the trial. A juror brought outside research into deliberations, which the judge allowed. Lead investigator David Fugitt accused Garza’s office of tampering with evidence, removing material favorable to Perry’s defense. Police testimony supporting Perry was barred from the courtroom. “I felt like I was betrayed,” Perry said. “My entire belief system of the justice system was destroyed.”
In May 2024, Gov. Abbott granted Perry a full pardon after the Texas Parole Board reviewed his case, citing the state’s robust “Stand Your Ground” laws. Perry served 13 months before his release. “I felt that God had answered my prayers,” Perry said, describing how his Jewish faith helped him endure his imprisonment.
Perry accused Garza of using his office for political retaliation. He alleged Garza’s office pressured the military to downgrade Perry’s discharge status, stripping him of benefits. Perry also claimed that Garza’s office released private messages between Perry and his military colleagues, painting him as racist. Perry and his defense team argued the messages were taken out of context and were typical dark humor among soldiers.
Garza has also prosecuted over 20 Austin police officers for their actions during the 2020 BLM riots. Perry expressed concern for others facing similar legal battles, saying, “If nobody speaks up… more officers and law-abiding citizens will face his wrath.”
Perry still faces a misdemeanor deadly conduct charge related to the shooting, with his next court appearance scheduled for December. Despite his legal battles, Perry said he feels compelled to speak out. “My reputation is already ruined. My career is already ruined. The only thing they could take away from me is, maximum, some jail time,” Perry said.
