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Daniel Perry was found guilty last month of shooting to death
28-year-old Garrett Foster, a U.S. Air Force veteran, at a Black
Lives Matter rally in Austin, Texas. The demonstration came
months after the police killing of George Floyd, an unarmed
Black man, in Minneapolis.
Perry said he was acting in self defense when he shot Foster.
His defense team said he had no choice but to fire his handgun
when Foster pointed a legally owned AK-47 at Perry, the Texas
Tribune reported.
After Perry's conviction, Republican Greg Abbott said he would
seek a pardon for him. He said the state's "stand your ground"
law justified Perry's actions and could not be "nullified by a
jury or progressive district attorney," Abbott said at the time.
Prosecutors had asked for a sentence of 25 years, while the
defense had sought 10 years, CNN reported. The sentence was
handed down by State District Court Judge Clifford Brown.
Perry's defense lawyers said they were disappointed with the
sentence, but would focus to appealing the case and cooperating
with the state's pardon process.
"As part of the appeal we will be able to focus on the evidence
that was kept from both the grand jury and trial jury,"
including alleged harassment by Foster, attorney Clinton Broden
said in a statement.
Jose Garza, the district attorney for Travis County, where the
case was tried and where Austin is located, is a Democrat.
The shooting came moments after Perry, who was driving for Uber,
happened upon a group of protesters, including Foster, marching
downtown. Foster and several others approached Perry's vehicle
after it stopped. Protesters told police that they feared they
were being assaulted with the vehicle, according to media
accounts.
(Reporting by Tyler Clifford; Editing by Sandra Maler)
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