Daniel Perry was found guilty last month of fatally shooting Garrett Foster, 28, a US Air Force veteran, at a Black Lives Matter rally in Austin, Texas. The demonstration took place a few months after the police killing of George Floyd, an unarmed black man, in Minneapolis.
Perry said he acted in self-defense when he shot Foster. His defense team said he had no choice but to fire the firearm when Foster pointed a legally owned AK-47 at Perry, the Texas Tribune reported.
After Perry’s conviction, Republican Greg Abbott said he would try to get a pardon for him. He said the state’s stand your ground law justified Perry’s actions and could not be “overturned by a jury or a progressive district attorney,” Abbott said at the time.
Prosecutors had asked for a 25-year sentence, while the defense had asked for 10 years, according to CNN. The sentence was pronounced by Judge Clifford Brown of the State District Court.
Perry’s defense attorneys said they were disappointed by the sentence, but will focus on 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 withheld from both the grand jury and the trial jury,” including the alleged harassment by Foster, attorney Clinton Broden said.
Jose Garza, the district attorney for Travis County, where the case was tried and where Austin is located, is a Democrat.
The shootings happened moments after Perry, who was driving for Uber, ran into a group of protesters, including Foster, who were marching downtown. Foster and several other people approached Perry’s vehicle after it stopped. The protesters told police they feared they were being attacked with the vehicle, according to media reports.
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