The Legal Battle Unfolds

Filing a Writ of Mandamus

The Travis County District Attorney, José Garza, has initiated legal action against Governor Greg Abbott’s pardon of Daniel Perry, who was convicted of fatally shooting a Black Lives Matter protester in Austin in 2020.

Violation of the Texas Constitution

Garza’s office filed a challenge, known as a writ of mandamus, with the state’s highest criminal court, alleging that the pardon violated the Texas Constitution.

The Case Background

Fatal Altercation

Perry was involved in an altercation with Garrett Foster, a protester, after driving into a crowd of demonstrators in July 2020. He shot Foster multiple times, resulting in his death. Perry was convicted of murder by a Travis County jury and sentenced to 25 years in prison.

Governor’s Pledge and Action

Governor Abbott pledged to pardon Perry following pressure from conservative media outlets. He argued that Perry was justified in shooting Foster under Texas’ stand your ground law. Abbott fulfilled this pledge last month, sparking controversy and legal challenges.

Reactions and Opposition

Mockery of Justice System

Garza condemned the pardon, labeling it a “mockery of our legal system.” He criticized the decision, asserting that it undermined the jury’s conviction and suggested a disregard for Foster’s life.

Continued Legal Battle

Garza affirmed his commitment to pursue justice for Foster, his family, and supporters through the legal process. He vowed to challenge the pardon to uphold the integrity of the judicial system.

Public Outcry and Concerns

Victim’s Family Speaks Out

Foster’s mother expressed outrage over the pardon, alleging Perry’s racist beliefs and premeditated intentions. She warned against setting a precedent that could undermine the justice system’s credibility.

Call for Federal Intervention

Fourteen attorneys general from other states urged the Department of Justice to investigate the case. They cited Perry’s violent and racist language on social media, arguing that federal intervention was warranted.

 Seeking Justice

Hope for Fairness

Garza, a self-proclaimed progressive Democrat, expressed optimism about the legal proceedings. He hoped that the Court of Criminal Appeals would impartially evaluate the politically charged case and uphold justice.