A prosecutor in Texas wants to overturn Republican Governor Greg Abbott’s pardon of Army veteran Daniel Perry.
Perry was convicted of murder for shooting dead an armed Black Lives Matter (BLM) rioter in the summer of 2020.
The George Soros-funded Harris County prosecutor who brought the case against Perry, Jose Garza, will ask an appeals court to reverse Abbott’s “unlawful” pardon.
“The Board of Pardon and Paroles, and the governor, put their politics over justice and make a mockery of our legal system,” Garza said.
“For that, they should be ashamed of themselves.
“Their actions were contrary to the law.”
Perry was sentenced to 25 years in prison last year.
The politically charged case highlighted divides that were inflamed during the summer of 2020.
Widespread violent riots and looting broke out following the death of career criminal George Floyd.
Perry was working as an Uber driver in Austin on the night of July 25, 2020.
His vehicle was surrounded and attacked by rioters who were blocking the street.
Among the mob of violent was 28-year-old Garrett Foster, who was carrying an AK-47.
Perry’s defense team says that the violent rioters encircled him and started pounding on his vehicle.
Foster raised the firearm and pointed it at Perry.
The action prompted Perry to open fire with a handgun he legally carried for self-defense.
Perry shot and killed Foster in self-defense.
Foster was threatening Perry and had pointed his gun at him, forcing him to defend himself.
Nevertheless, he was charged and convicted of “murder.”
The case was one of many that were tainted by leftist politics in the wake of the BLM riots.
In addition, Garza’s office was accused of tampering with evidence and retaliating against a witness in order to frame Perry for murder in a self-defense case.
Gov. Abbott fulfilled a promise to pardon Perry in May.
He said the former Army sergeant acted in self-defense when he shot and killed Foster.
In a statement announcing the pardon, Abbott said:
“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.”
The pardon brought backlash from Foster’s family and Democrats who said Abbott was bending the law to help a vigilante.
Garza, a Democrat, claims that Abbott circumvented the appeal process with the “unlawful order,” which came with the recommendation of the state’s Board of Pardons and Paroles.
In response, Abbott wrote that Garza’s plan to reverse the pardon is “NOT GONNA HAPPEN.”
“The Texas Constitution provides: In all criminal cases, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, to grant pardons,” Abbott wrote on X.
Perry’s lawyer Clint Broden said that Abbott has the “absolute power to pardon a person on any grounds including the grounds of actual innocence.”
14 attorneys general have pressured the Justice Department to open a federal civil rights probe into Perry.
