DA Challenges Governor's Pardon of Daniel Perry in Austin Shooting Case: Mockery of Legal System?

Austin, Texas, Texas United States of America
Fourteen attorneys general from other states called on the Department of Justice to examine the case due to Perry’s use of violent and racist language on social media.
Garza called the pardon a 'mockery of our legal system' and said it undermined the jury's conviction. Garrett Foster's mother decried the pardon, stating Perry had expressed racist beliefs and had suggested he was going to shoot protesters demonstrating for racial justice in 2020.
Perry received a 25-year prison sentence after the Travis County jury's conviction. Governor Abbott argued that Perry was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn't have gone to trial.
Perry was convicted for fatally shooting Foster after an altercation at a Black Lives Matter protest in Austin, Texas in 2020. The Travis County jury found him guilty and he received a 25-year prison sentence. However, Governor Greg Abbott pardoned Perry last month.
The case is currently being reviewed by the Court of Criminal Appeals.
Travis County District Attorney Josè Garza filed a lawsuit to challenge Governor Greg Abbott's pardon of Daniel Perry, who was convicted of murdering Garrett Foster during an altercation at a Black Lives Matter protest in Austin, Texas in 2020.
DA Challenges Governor's Pardon of Daniel Perry in Austin Shooting Case: Mockery of Legal System?

Travis County District Attorney José Garza has filed a lawsuit to challenge Governor Greg Abbott's pardon of Daniel Perry, who was convicted of murdering Garrett Foster during an altercation at a Black Lives Matter protest in Austin, Texas in 2020. Perry received a 25-year prison sentence after the Travis County jury's conviction. The governor argued that Perry was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn't have gone to trial.

Garza called the pardon a 'mockery of our legal system' and said it undermined the jury's conviction. Garrett Foster's mother decried the pardon, stating Perry had expressed racist beliefs and had suggested he was going to shoot protesters demonstrating for racial justice in 2020. She also noted that Perry's actions were premeditated.

Fourteen attorneys general from other states called on the Department of Justice to examine the case due to Perry's use of violent and racist language on social media.

Perry was convicted for fatally shooting Foster after an altercation at a Black Lives Matter protest in Austin, Texas in 2020. The Travis County jury found him guilty and he received a 25-year prison sentence. However, Governor Greg Abbott pardoned Perry last month, arguing that he was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn't have gone to trial.

Garza filed a writ of mandamus with the state's highest criminal court on Tuesday to challenge the pardon. He argued that it violated the Texas Constitution by circumventing his authority as district attorney and interfering with an ongoing criminal case. The lawsuit also noted that Perry had expressed racist beliefs and had suggested he was going to shoot protesters demonstrating for racial justice in 2020.

Foster's mother, Sheila Foster, decried the pardon and called it a 'mockery of our legal system'. She stated that Perry's actions were premeditated and that he had expressed racist beliefs before the shooting. Fourteen attorneys general from other states also called on the Department of Justice to examine the case due to Perry's use of violent and racist language on social media.

The pardon was a controversial move, with some arguing that it undermined the jury's conviction and interfered with an ongoing criminal case. Others saw it as a recognition of Texas' stand your ground laws, which allow individuals to use force in self-defense without retreating if they reasonably believe they are in danger.

The case is currently being reviewed by the Court of Criminal Appeals.



Confidence

91%

Doubts
  • Was there enough evidence to prove that Perry's actions were premeditated?
  • Were the racist comments made by Perry before or after the shooting?

Sources

94%

  • Unique Points
    • D.A. José Garza of Travis County is seeking to overturn Gov. Greg Abbott’s pardon of Daniel S. Perry.
    • Perry was convicted for fatally shooting a Black Lives Matter protester in Austin, Texas in 2020.
    • Garza accused Abbott of violating the constitutional separation of powers doctrine by intervening with the actions of a court.
  • Accuracy
    • Perry argued that he acted in self-defense against an armed protester.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (100%)
    None Found At Time Of Publication

82%

  • Unique Points
    • Texas DA José Garza plans to file a request to reverse a pardon issued by Gov. Greg Abbott for Daniel Perry, who fatally shot a Black Lives Matter protester in 2020.
    • Perry was convicted for the death of Garrett Foster, an Air Force veteran and BLM protester, and sentenced to 25 years in prison.
    • Abbott issued a full pardon to Perry following his conviction, which Travis County DA José Garza believes circumvented his authority and violated the Separation of Powers Doctrine.
    • Garza’s office will file a writ of mandamus with the Court of Criminal Appeals to reverse the pardon for Daniel Perry.
    • Perry claimed he was trying to get past a crowd and fired his pistol when Foster pointed an AK-47 rifle at him. Witnesses testified they did not see Foster raise his weapon, and prosecutors argued Perry could have driven away without shooting.
  • Accuracy
    • Abbott issued a full pardon to Perry following his conviction.
    • Perry argued that he acted in self-defense against an armed protester.
  • Deception (30%)
    The author makes editorializing statements in the article, such as 'Three weeks ago, on May 16, the Board of Pardons and Paroles and the governor put their politics over justice and made a mockery of our legal system.' This is an opinionated statement that goes beyond reporting facts. The author also quotes others making opinions without clarifying that they are not his own. For example, 'Holly Taylor, director of Public Integrity and Complex Crimes, said by issuing the pardon, Abbott circumvented his authority and violated the Separation of Powers Doctrine.' This statement is attributed to Holly Taylor but does not make clear whether it is her opinion or a fact. The author also uses emotional manipulation by stating 'Foster’s mother Shiela Foster was visibly upset during the news conference, expressing her disappointment and frustration with the pardon.', which attempts to elicit an emotional response from readers. Lastly, there is selective reporting as some context about Perry's actions leading up to the shooting are not reported.
    • Holly Taylor, director of Public Integrity and Complex Crimes, said by issuing the pardon, Abbott circumvented his authority and violated the Separation of Powers Doctrine.
    • Three weeks ago, on May 16, the Board of Pardons and Paroles and the governor put their politics over justice and made a mockery of our legal system.
    • Foster’s mother Shiela Foster was visibly upset during the news conference, expressing her disappointment and frustration with the pardon.
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (90%)
    The author expresses a clear political bias against the actions of Texas Governor Greg Abbott in granting a pardon to Daniel Perry. The author also quotes Travis County District Attorney Jose Garza expressing his disagreement with the pardon and labeling it 'contrary to the law' and 'a mockery of our legal system'. The author does not provide any examples of religious, ideological, monetary bias or disproportionate quotations.
    • Their actions were contrary to the law.
      • Three weeks ago, on May 16, the Board of Pardons and Paroles and the governor put their politics over justice and made a mockery of our legal system and for that they should be ashamed of themselves.
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      94%

      • Unique Points
        • Travis County DA José Garza filed a writ of mandamus with the state’s highest criminal court to challenge Governor Greg Abbott’s pardon of Daniel Perry.
        • 'Daniel Perry was convicted of murdering Garrett Foster during an altercation at a Black Lives Matter protest in Austin, Texas in 2020.'
        • 'Perry received a 25-year prison sentence after the Travis County jury’s conviction.'
        • 'Governor Abbott pardoned Perry last month, arguing he was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn’t have gone to trial.'
        • 'José Garza called the pardon a 'mockery of our legal system' and said it undermined the jury’s conviction.'
        • 'Garrett Foster’s mother decried the pardon, stating Perry had expressed racist beliefs and had suggested he was going to shoot protesters demonstrating for racial justice in 2020.'
        • 'Foster’s mother also stated that Perry’s actions were premeditated.'
        • '14 attorneys general from other states called on the Department of Justice to examine the case due to Perry’s use of violent and racist language on social media.'
      • Accuracy
        • Perry argued that he acted in self-defense against an armed protester.
        • Governor Abbott pardoned Perry last month, arguing he was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn’t have gone to trial.
        • Perry claimed he was trying to get past a crowd and fired his pistol when Foster pointed an AK-47 rifle at him.
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (85%)
        The article contains an appeal to authority and inflammatory rhetoric. The author, Andrew Weber, uses strong language to describe the governor's pardon as a 'mockery of our legal system' and suggests it undermines the jury's conviction. This is an inflammatory statement that goes beyond reporting the facts of the case. Additionally, there is an appeal to authority when quoting Sheila Foster, who claims that Perry had expressed racist beliefs and that other governors may 'overstep outside of their role and undermine the justice system.' These statements are not presented as opinions but as facts, which is misleading.
        • The pardon was a “mockery of our legal system”
        • Garza on Tuesday called the pardon a “mockery of our legal system” and said the decision suggested Foster’s "life does not matter."
        • Sheila Foster:
      • Bias (95%)
        The author expresses a clear bias against Daniel Perry and the governor's decision to pardon him. The author quotes DA José Garza calling the pardon a 'mockery of our legal system' and suggesting that it undermines justice for Garrett Foster. The author also includes quotes from Sheila Foster, Garrett Foster's mother, expressing her disapproval of the pardon and implying that Perry had expressed racist beliefs. The author does not provide any counter-arguments or evidence to challenge these biased statements.
        • Sheila Foster decried the pardon, saying Perry had expressed racist beliefs and that he had suggested he was going to shoot protesters demonstrating for racial justice in 2020.
          • The Travis County District Attorney is challenging the governor’s pardon of Daniel Perry... He called the pardon a ‘mockery of our legal system’ and said the decision suggested Foster’s ‘life does not matter.’
          • Site Conflicts Of Interest (100%)
            None Found At Time Of Publication
          • Author Conflicts Of Interest (100%)
            None Found At Time Of Publication

          79%

          • Unique Points
            • Travis County District Attorney José Garza is filing a request with the Court of Criminal Appeals to review Governor Greg Abbott’s pardon of Daniel Perry, who fatally shot Garrett Foster during a Black Lives Matter demonstration in Austin in July 2020.
            • Perry was convicted and sentenced to 25 years in prison for murder but was released after Abbott issued him a pardon last month.
            • Garza believes the quick pardon undermined an established appeals process and violated state constitutional separation of powers.
            • Perry claimed he was trying to drive past the crowd and fired his pistol when Foster pointed a rifle at him, but witnesses said Foster never raised his gun.
            • Prosecutors argued that Perry could have driven away without shooting, but Abbott called the shooting self-defense under Texas ‘Stand Your Ground’ law.
            • Foster was killed amid widespread demonstrations against police killings and racial injustice following the murder of George Floyd by a white Minneapolis police officer.
            • Attorneys general from 14 Democratic states have requested a federal investigation into whether Perry denied Foster his right to free speech and peaceful protest, potentially opening Perry to federal charges.
          • Accuracy
            • Perry claimed he was trying to get past a crowd and fired his pistol when Foster pointed an AK-47 rifle at him.
            • Abbott issued a full pardon to Perry following his conviction.
            • Governor Abbott pardoned Perry last month, arguing he was within his rights to shoot Foster under Texas stand your ground law and that the case shouldn’t have gone to trial.
          • Deception (30%)
            The article contains selective reporting and emotional manipulation. The author quotes the District Attorney's opinion that the pardon undermines the legal system and puts politics ahead of justice. However, they do not provide any counterargument or evidence from the governor or Perry's legal team to refute this claim. Additionally, they quote Foster's mother describing the pardon as 'absolutely unacceptable.' This emotional appeal is used to manipulate readers into feeling a certain way about the pardon without providing any factual information that supports their position.
            • My own child was killed on American soil for doing nothing but practicing his First and Second Amendment rights. And our governor just said, 'That’s OK. That’s acceptable.'
            • All of this is new ground.
            • Even though Perry was convicted of murder, Abbott called the shooting self-defense.
            • Garza said he will pursue what action he can in the state legal system, but that he would welcome federal scrutiny of the case.
            • Perry, a white ride-share driver, claimed he was trying to drive past the crowd and fired his pistol when Foster pointed a rifle at him.
            • The governor, following the recommendation of the state Board of Pardons and Paroles, has the absolute power to pardon a person on any grounds, including the grounds of actual innocence.
            • The Texas governor’s pardon of a former Army sergeant who fatally shot a Black Lives Matter demonstrator undermines the state’s legal system and constitution and should be reversed, a prosecutor said Tuesday.
            • We will continue to use the legal process to seek justice.
          • Fallacies (80%)
            The author makes an appeal to authority by quoting the attorneys general and Minnesota Attorney General Keith Ellison. The author also uses inflammatory rhetoric when describing Perry's actions as 'vigilante violence' and 'absolutely unacceptable'.
            • “We’re grateful for their request and would echo their request.” - Minnesota Attorney General Keith Ellison
            • “Vigilante violence is unacceptable, particularly when that violence is used to deprive Americans of their lives and most fundamental liberties.” - Minnesota Attorney General Keith Ellison
          • Bias (95%)
            The author expresses a clear bias against the actions of Governor Greg Abbott in pardoning Daniel Perry, who was convicted of murdering Garrett Foster during a Black Lives Matter protest. The author also expresses agreement with the Democratic attorneys general's call for a federal investigation into the case. These biases are evident in statements such as 'The quick pardon undermined an established appeals process that was available to Perry, and violated state constitutional separation of powers.' and 'Garza said he will pursue what action he can in the state legal system, but that he would welcome federal scrutiny of the case.'
            • Garza said he will pursue what action he can in the state legal system, but that he would welcome federal scrutiny of the case.
              • The quick pardon undermined an established appeals process that was available to Perry, and violated state constitutional separation of powers.
              • Site Conflicts Of Interest (100%)
                None Found At Time Of Publication
              • Author Conflicts Of Interest (0%)
                None Found At Time Of Publication