Daniel Perry was a sergeant in the United States Army when, on July 25, 2020, Garrett Foster died in Austin, Texas, during a demonstration in the city's downtown. A Travis County grand jury indicted Perry the following year. In April 2023 a jury found him guilty of murder, and in May 2023 the presiding judge sentenced him to 25 years. His defense had argued throughout that he acted in self-defense.
The case did not end with the sentence. The governor of Texas had said within days of the verdict that he would seek a pardon, and on May 16, 2024 he granted one on the unanimous recommendation of the state Board of Pardons and Paroles. Perry was released from the state prison system shortly afterward. The pardon drew wide public reaction. A prosecutor's attempt to have it reviewed was turned down by the Court of Criminal Appeals in June 2024, and a separate misdemeanor charge arising from the same evening was tried in 2026.
The charges in the case arise from events in Austin on July 25, 2020, at a demonstration in the city's downtown. One man died, and the murder count in the later indictment concerns that death.
On June 24, 2021, a Travis County grand jury indicted Perry on three counts: one felony count of murder, one further felony count of aggravated assault, and one misdemeanor count of deadly conduct. The second felony count named a different person present that evening. The misdemeanor count was handled separately and stayed pending in the Travis County Attorney's Office while the felony case went to trial.
Perry's defense said from the outset that he acted in self-defense. The case was heard in the 147th Criminal District Court in Travis County.
Jury selection began in late March 2023, and the trial followed over the next days. Perry did not testify. The jury deliberated for two days. The Travis County District Attorney's Office presented the case for murder. The defense argued that Perry acted in self-defense, a justification available under Texas law, and the jury was asked to decide whether that claim applied.
On Friday, April 7, 2023, the jury returned its verdicts. It found Perry guilty of murder and not guilty on the second felony count of aggravated assault.
The sentencing hearing took place on May 10, 2023. Prosecutors asked for 25 years, and Perry's lawyers asked for no more than ten. The judge sentenced Perry to 25 years. In remarks at the hearing he said that the jury had received a fair and impartial trial and that its verdict deserved to be respected. Perry's lawyers said they would appeal the conviction and the sentence.
On April 8, 2023, the day after the verdict, Governor Greg Abbott asked the Texas Board of Pardons and Paroles to investigate Perry's case and recommend a pardon under section 508.050 of the Texas Government Code. The Board's summary says it reviewed police reports, court records, witness statements and interviews. The Governor's office has said the Board also considered Perry's personal history, the facts of the July 2020 incident, information from the Travis County District Attorney, the full investigative report and the trial testimony.
On May 16, 2024, the Board voted unanimously to recommend a pardon. The Governor's office gave the recommendation as a "Full Pardon and Restoration of Full Civil Rights of Citizenship," and Governor Abbott issued a full pardon the same day. Perry was released from the Texas prison system shortly afterward.
On June 4, 2024, the Travis County District Attorney asked the Texas Court of Criminal Appeals to review and reverse the pardon. He argued that it violated the state constitution's separation of powers and cut short Perry's appeal. Perry's lawyer said the Texas Constitution gives the governor the power to pardon on any grounds. On June 26, 2024, the Court of Criminal Appeals denied the request to consider whether to reverse the pardon. The court issued its decision without explanation.
The misdemeanor count of deadly conduct from the 2021 indictment had remained with the Travis County Attorney's Office. The count was still pending after the pardon in May 2024. Its maximum punishment is one year in jail, and Perry had by then spent more than a year in custody on the murder sentence.
A trial in Travis County Court began on March 23, 2026. The presiding judge declared a mistrial on the first day of jury selection after a dispute over how long jurors would be needed. A new trial date was set for October 19, 2026. On October 22, 2026, a Travis County jury found Perry not guilty of the misdemeanor count. The County Attorney's Office said it was disappointed in the outcome and respected the jury's decision.
Section 9.32 of the Texas Penal Code sets out when a person is justified in using deadly force. The person must be justified in using force under section 9.31 and must reasonably believe that deadly force is immediately necessary to protect against another's unlawful deadly force or to prevent certain listed offenses. A person who has a right to be at the location, has not provoked the other person and is not engaged in criminal activity is not required to retreat before using deadly force. In a case such as Perry's, a jury therefore decides whether those conditions were met.
Clemency works differently. In Perry's case the Governor asked the Board of Pardons and Paroles to begin its review the day after the verdict, and the Governor's office stated that the pardon followed the Board's unanimous recommendation. The review therefore ran for more than a year after the sentence.
Perry's defense has maintained from the start that he acted in self-defense. The jury that heard the evidence found him guilty of murder, and the sentencing judge said its verdict deserved respect. Whether the conviction would have been upheld on appeal was not decided, because the pardon came first.
The jury also found Perry not guilty on a second felony count, and in 2026 a second jury found him not guilty of the misdemeanor count. These verdicts are the jury findings on those charges; they are separate from the murder verdict of April 7, 2023.
July 25, 2020: A man dies in Austin, Texas, during a demonstration.
June 24, 2021: A Travis County grand jury indicts Perry on one felony count of murder, one further felony count and one misdemeanor count of deadly conduct.
Late March 2023: Jury selection begins in the murder trial.
April 7, 2023: The jury finds Perry guilty of murder and not guilty on the second felony count.
April 8, 2023: Governor Greg Abbott asks the Board of Pardons and Paroles to investigate and recommend a pardon.
May 10, 2023: Perry is sentenced to 25 years.
May 16, 2024: The Board recommends a full pardon unanimously; the Governor grants it; Perry is released shortly afterward.
June 4, 2024: The Travis County District Attorney asks the Court of Criminal Appeals to review the pardon.
June 26, 2024: The court denies the request.
March 23, 2026: A mistrial is declared in the misdemeanor deadly conduct case.
October 22, 2026: A Travis County jury finds Perry not guilty of the misdemeanor count.