TX - Multiple victims in downtown shooting, 1 killed, Austin, July 2020 *Army sergeant charged* *guilty*

[Cryptic]

In addition to occasionally racist messages suggesting Daniel Perry, the man Governor Greg Abbott wants to pardon, was fantasizing about shooting protesters, there are some where he is chatting with underage youth. "No nudes until you're old enough," Perry wrote in one message.

The governor clearly stepped in, well, doo doo regarding his speedy promise of a speedy and complete pardon- all with out even having a subordinate review the trial record. ( Good grief, that should have been step one).

Garza, the prosecutor, seems far more confident than the governor given his recent backpedaling. Not trying to read to much in it....

Garza emphasized that appellate courts would review the trial for any errors (but in an airtight proceeding- there should not be any possible errors to find).

One of the points under appeal is that the judge allowed the shooter's rascist / quasi rascist social media to be presented.

But... the judge did not allow video footage of the deceased stating that he carried the AK-47 to intimidate "pu--ies". The judge also rejected testimony from three drivers who said the deceased pushed his girl friend's wheel chair into the street forcing them to stop. Their cars were then attacked by other protestors.

Getting to the point...

I think the pardon is going to be "delayed" cough- cough. The appellate court will order a new trial with the 'pu--sies" footage and the testimony of forcibly stopping cars being allowed in.

That brings the drama to how much to the defense attorney and the prosecutor want to gamble during the second trial. This could lead to an offered plea bargain for manslaughter.

 

[JerseyGirl]

Motion denied for new Daniel Perry trial, sentencing starts May 9

Attorneys for former Army Sergeant Daniel Perry — who was convicted last month of murdering Garrett Foster during a Black Lives Matter protest in downtown Austin in 2020 — was denied a …

www.kxan.com

 

[Cryptic]

Motion denied for new Daniel Perry trial, sentencing starts May 9

Attorneys for former Army Sergeant Daniel Perry — who was convicted last month of murdering Garrett Foster during a Black Lives Matter protest in downtown Austin in 2020 — was denied a …

www.kxan.com

I am thinking that they will get a new trial- either through the trial judge or through an appellate court.

Evidently, the judge permitted racist and quasi racist social media exchanges made by the defendant to be presented as proof of an aggressive intent to confront protestors.

But....

The judge did not allow testimony by three separate individuals that the deceased had previously forced their cars to stop. Their cars were then attacked by other protestors.

Likewise, the judge refused to omit footage of the defendant informing a reporter that he carried the weapon to intimidate "p---ies" and that he intended to continue blocking public streets after the police told him not to.

My guess is the end result will be a plea bargain to Manslaughter.

 

[Howl]

I think the pardon is going to be "delayed" cough- cough.

Austin resident here. Abbott has no moral compass. His finger is in the wind, leveraging whatever to see if it gains political advantage/favorable traction.

Perry's pardon demand is not looking like a politically expedient move after all; the pardon request will likely languish.

The members of the Pardons and Parole Board are all Abbott appointees pulling in over $100,000/yr each and will do as directed.

 

[Cryptic]

Perry's pardon demand is not looking like a politically expedient move after all; the pardon request will likely languish.

I agree. I wonder, however, if he has the authority to commute sentences? Or, is it "full pardon- or nothing". Then again, even if he has the power to commute, I dont think he will need to think about using it.

Evidently, the trial judge's inclusion of a defendant's social media as trial character evidence was unusual in Texas. Rather, such evidence usually introduced at sentencing.

Add that to the refusal to admit the "Going to intimidate pu---es" rhetoric by the deceased and the refusal to admit testimony of his previous involvement in attacks on cars and I think a new trial is coming.

In a divided country, judges need to retain their moral compasses. They cant start taking partisan sides.

 

[JerseyGirl]

https://www.cnn.com/2023/05/04/us/daniel-perry-texas-new-trial-denied/index.html

Amid promises from Texas' governor to pardon an Army sergeant convicted of murdering a protester at Black Lives Matter rally, a judge rejected a request from the defendant's legal team for a new murder trial.

 

[sds71]

Judge Clifford Brown has sentenced Daniel Perry to 25 years in prison.

The judge made a statement saying that decision must be honored and respected.

https://twitter.com/x/status/1656314837016739854

 

[HmmMysterious]

This disgrace pardoned Perry today. Just wtf

Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020

 

[Cryptic]

This disgrace pardoned Perry today. Just wtf

Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020

I have mixed feelings....

- Deceased protestor was told repeatedly that he did not have authority to close streets.
- Prior to his death, he informed a journalist that he carried a weapon to put weight behind his illegal street closure "orders".
- He then points a weapon at another citizen trying to use a public street. Bad things happened.

I wonder if switching "deceased BLM" for "deceased Proud boy" would have led to a different verdict in Austin?

That aside, the prosecution did show evidence that the defendant had tacitly affirmed (though did not make) racist statements and.... that he had doubled backed to go down the street after seeing the protestors, and that he had previously stated he wanted to confront protestors closing streets.

Sounds like a "dumb" verse "dumb" type confrontation. I would have probably commuted the conviction and sentence to Manslaughter.

 

[imstilla.grandma]

"I loved Garrett Foster. I thought we were going to grow old together," Mitchell said in the statement, provided via her attorney, Angelica Cogliano. "He was the love of my life. He still is. I am heartbroken by this lawlessness. Governor Abbott has shown that to him, only certain lives matter. He has made us all less safe.

"With this pardon, the Governor has desecrated the life of a murdered Texan, impugned that jury’s just verdict, and declared that citizens can be killed with impunity as long as they hold political views that are different from those in power."

Gubernatorial pardons of high-profile or controversial offenders in Texas historically have been the exception, not the rule.

Abbott frequently announces his pardons or grants clemency in conjunction with the holiday season and often involve people convicted of nonviolent crimes years, and sometimes decades, earlier

Texas Gov. Greg Abbott pardons Daniel Perry, who killed Black Lives Matter protester in 2020

A Texas parole board unanimously recommended a pardon for Daniel Perry, convicted of murder for the death of Garrett Foster during 2020 protests.

www.usatoday.com