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Texas governor seeks pardon for soldier who killed protester

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Daniel Perry in courtImage source, Reuters

Texas Republicans are seeking to pardon a US Army sergeant convicted of killing a Black Lives Matter protester in 2020.

On Friday, a jury found Daniel Perry, 28, guilty of killing Garrett Foster, 27, during a demonstration in Austin. Perry is white, as was Foster.

Perry's attorneys argue he acted in self-defence, but prosecutors say he instigated the confrontation.

Governor Greg Abbott said he would pardon Perry as soon as an official request "hits my desk".

A judge is expected to set a sentencing date soon. Perry faces at least five years in prison, but could also be handed a life sentence, the

Perry's supporters argue he should be pardoned because of the state's 'stand your ground' law, a type of statute that removes a person's obligation to retreat before using deadly force if their life is threatened and they are in a place they are permitted to be.

On 25 July 2020, Perry, a soldier who drove for Uber at the time, turned on to a street where Black Lives Matter demonstrators were marching, went through a red light and stopped his vehicle.

Foster, a former Air Force mechanic who was openly carrying an AK-47 style weapon - which is legal in Texas - was one of several protesters who approached Perry's vehicle.

Perry - who had no passenger at the time - said some of the demonstrators began banging on his car. The protesters told police they feared the vehicle might ram them, according to media accounts.

Perry's lawyers said Foster "began to raise the assault rifle toward Sgt Perry",

According to authorities, Perry lowered his window and shot Foster five times with a .357 revolver before driving off. He called 911 shortly afterwards. Foster died at a hospital from his injuries.

Image source, Brandon Bell/Getty Images
Image caption,

Texas Governor Greg Abbott, a Republican

On Friday, a Travis County jury unanimously voted to convict him of Foster's murder. The jury found Perry not guilty on an additional charge of aggravated assault with a deadly weapon.

On Saturday, Governor Abbott tweeted: "I am working as swiftly as Texas law allows regarding the pardon of Sgt Perry."

The state's pardon board, which must approve such orders, said an "expedited investigation" would begin immediately.

Conservatives have attacked the prosecutor who brought the case, Travis County District Attorney Jose Garza, a Democrat.

Texas Attorney General Ken Paxton told Fox News that Mr Garza "maliciously prosecutes people that he doesn't like for political purposes".

Mr Garza described the pardon request as a "naked political intrusion into our criminal justice system".

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