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Tipsheet

Greg Abbott Plans to Pardon Army Sergeant Convicted of Murdering a BLM Rioter In Self-Defense

AP Photo/Eric Gay

Gov. Greg Abbott (R-TX) announced his plans to pardon an Army Sergeant convicted of murder for shooting a Black Lives Matter protester who pointed an AK-47 at him during an anti-police riot in 2020.

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In a tweet, Abbott said that he had asked the state Board of Pardons and Paroles to recommend a pardon and expedite his request to pardon Sgt. Daniel Perry. Due to the state constitution, the governor can only pardon someone if the board allows it. 

"I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry," Abbott tweeted, adding, "I have made that request and instructed the board to expedite its review." 

Abbott said he looks forward to signing the pardon as soon as it reaches his desk.

Perry was convicted of murder on Friday for fatally shooting a 28-year-old Black Lives Matter rioter during a July 2020 protest of George Floyd's death. He is facing life in prison. 

The sergeant was driving his vehicle as an Uber that evening when he tried to get through a crowd of Black Lives Matter protesters. The 28-year-old pointed his gun in the window of Perry's car. In response, he opened fire and killed the rioter. 

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The Austin Police Department said that Perry had acted in self-defense. However, the jury claimed Perry could have defended himself in other non-violent ways. 

"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," Abbott said.

Doug O'Connell, an attorney for Perry, told Fox News that his client only had seconds to save himself that night. 

"When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two-tenths of a second to defend himself. He chose to live," O'Connell said. "It may be legal in Texas to carry an assault rifle in downtown Austin. It doesn't make it a good idea. If you point a firearm at someone, you're responsible for everything that happens next."

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