Daniel Perry, who was convicted of murder in the death of a Black Lives Matter protester but later pardoned by Governor Greg Abbott, is set to stand trial for deadly conduct. Despite the pardon which came in April of last year, Travis County Judge Carlos Barrera has decided that the deadly conduct charge will not be dismissed, as reported by CBS Austin. Perry faced conviction for the shooting of Garrett Foster during a 2020 protest in downtown Austin before receiving a gubernatorial pardon.
The controversy surrounding Perry's case includes accusations against prosecutors of misconduct. Defense attorney Doug O'Connell argued that the grand jury indictment should be dismissed, citing prohibited evidence and prosecutorial overreach. In a hearing on January 24, former Austin police Detective David Fugitt claimed he was instructed to omit evidence that could clear Perry of the accusation that he intentionally drove into a crowd of protesters. Moreover, claiming that if he did not comply, an internal investigation would be threatened by police, as reported by the Austin American-Statesman.
The state prosecutor's office has declined to comment on the ongoing case, adhering to their policy on pending cases according to spokesperson Diana Melendez. Meanwhile, the court anticipates the presentation of proposed legal findings from both the defense and prosecution before the trial date is set. Perry's charge of deadly conduct, a Class A misdemeanor, could result in up to one year in county jail and a $4,000 fine, stemming from an incident where he allegedly endangered marchers by not stopping completely at a red light while texting and driving.
At the heart of this legal battle is also the character and motivations of Daniel Perry. Following his pardon, Abbott cited Perry's behavior as in line with Texas's "Stand Your Ground" self-defense laws and denounced District Attorney José Garza for a biased prosecution. Contrarily, unsealed court records disclosed Perry's previous messages and social media posts containing racist remarks. Prosecutors in the murder trial argued that these evidenced Perry's intent to seek confrontation, raising questions about the nature of his actions during the protest on that day in July 2020, as stated by the American-Statesman.
The upcoming trial for Daniel Perry continues to gather attention as it reopens the wounds of a community still grappling with the events of the Black Lives Matter protest. While a trial date for the deadly conduct charge remains pending, the legal proceedings are poised to not only scrutinize Perry's actions but also to challenge the integrity of the criminal justice process in Austin.
