Posted on Apr 17, 2023
Army sergeant convicted of murder made racist remarks, violent threats
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Army sergeant convicted of murder made racist remarks, violent threats
By Jolie McCullough, The Texas Tribune
Apr 16, 12:21 PM
Army Sgt. Daniel Perry, center, and his attorney Doug O'Connell, left, walk out of the courtroom during jury deliberations in his murder trial, Friday, April 7, 2023, at the Blackwell-Thurman Criminal Justice Center in Austin, Texas.
Army Sgt. Daniel Perry, center, and his attorney Doug O'Connell, left, walk out of the courtroom during jury deliberations in his murder trial, Friday, April 7, 2023, at the Blackwell-Thurman Criminal Justice Center in Austin, Texas. (Jay Janner/Austin American-Statesman via AP)
Editor’s note: This article first appeared in The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. Sign up for The Brief, its daily newsletter.
PO1 William "Chip" Nagel SSG Michael Noll Lt Col John (Jack) Christensen Cpl Vic Burk SGT (Join to see)] Sgt (Join to see) PV2 Larry Sellnow SPC Gary C. SPC (Join to see) Amn Dale Preisach SGT Ruben Lozada 1SG Patrick Burke PO2 Marco Monsalve Lt Col Charlie Brown Maj Kim Patterson SPC Robert Coventry SGT David A. 'Cowboy' Groth CPT Richard Trione SFC Ralph E Kelley SGT Gerald “Jerry” Harrell
Army sergeant convicted of murder made racist remarks, violent threats
By Jolie McCullough, The Texas Tribune
Apr 16, 12:21 PM
Army Sgt. Daniel Perry, center, and his attorney Doug O'Connell, left, walk out of the courtroom during jury deliberations in his murder trial, Friday, April 7, 2023, at the Blackwell-Thurman Criminal Justice Center in Austin, Texas.
Army Sgt. Daniel Perry, center, and his attorney Doug O'Connell, left, walk out of the courtroom during jury deliberations in his murder trial, Friday, April 7, 2023, at the Blackwell-Thurman Criminal Justice Center in Austin, Texas. (Jay Janner/Austin American-Statesman via AP)
Editor’s note: This article first appeared in The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues. Sign up for The Brief, its daily newsletter.
PO1 William "Chip" Nagel SSG Michael Noll Lt Col John (Jack) Christensen Cpl Vic Burk SGT (Join to see)] Sgt (Join to see) PV2 Larry Sellnow SPC Gary C. SPC (Join to see) Amn Dale Preisach SGT Ruben Lozada 1SG Patrick Burke PO2 Marco Monsalve Lt Col Charlie Brown Maj Kim Patterson SPC Robert Coventry SGT David A. 'Cowboy' Groth CPT Richard Trione SFC Ralph E Kelley SGT Gerald “Jerry” Harrell
Army sergeant convicted of murder made racist remarks, violent threats
Posted from armytimes.comPosted in these groups: 
Crime
Crime
Posted 1 y ago
Responses: 11
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SFC Joe S. Davis Jr., MSM, DSL I can't seem to tell from the article if Sgt is still on active duty or not. I hope not. We don't need a racist in our ranks and clearly, this guy is one by his statements.
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COL Randall C.
Cpl Vic Burk - Likely still on active duty as he was convicted on 8 APR 23.
Absent of any action to discharge him, current Army Directive that would apply is him being "legally non-deployable due to civil conviction". The guidance in that situation is that he would be processed for administrative separation upon his release from confinement (likely a dishonorable discharge as the underlying reason is the criminal conviction).
His command can process him for discharge now that he is convicted, but the process usually takes 1-2 months as it goes though a structured notification - rebuttal sequence followed by either an administrative board or a GCMCA authority determination.
Absent of any action to discharge him, current Army Directive that would apply is him being "legally non-deployable due to civil conviction". The guidance in that situation is that he would be processed for administrative separation upon his release from confinement (likely a dishonorable discharge as the underlying reason is the criminal conviction).
His command can process him for discharge now that he is convicted, but the process usually takes 1-2 months as it goes though a structured notification - rebuttal sequence followed by either an administrative board or a GCMCA authority determination.
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Cpl Vic Burk
COL Randall C. - But, if he receives a pardon, will that carry over still as a conviction by civilian authorities? As I recall, a conviction by civilian authorities carried an Undesirable discharge back in my day. So would he still get this even with a pardon?
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COL Randall C.
Cpl Vic Burk - That's one reason why the general guidance is to discharge when released from confinement instead of when convicted.
A prudent commander wouldn't process an administrative discharge in a case like this until it was resolved. There's no benefit to the Soldier for him being kept on the books (he's not paid while in confinement nor does he earn "good time") until the situation is resolved one way or another.
A prudent commander wouldn't process an administrative discharge in a case like this until it was resolved. There's no benefit to the Soldier for him being kept on the books (he's not paid while in confinement nor does he earn "good time") until the situation is resolved one way or another.
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Contrary to what the DA in that County may be pushing,
-this was not about race, both suspect and victim were white
-there is no record of the suspect and victim meeting before or that he ever threatened the victim. This means no pre-meditation and that any supposed threats were not directed at him.
-the victim had an AK-47 either pointed at, moving toward, or near the general direction of the suspect at the time he was shot
-at the time of occurrence, the victim's vehicle had been surrounded, people were striking it and rocking it, there had been a number of similar recent instances where the drivers were dragged from the vehicles and beaten
-Texas has a law that allows self-defense called the stand your ground law that the DA ignored.
-this was not about race, both suspect and victim were white
-there is no record of the suspect and victim meeting before or that he ever threatened the victim. This means no pre-meditation and that any supposed threats were not directed at him.
-the victim had an AK-47 either pointed at, moving toward, or near the general direction of the suspect at the time he was shot
-at the time of occurrence, the victim's vehicle had been surrounded, people were striking it and rocking it, there had been a number of similar recent instances where the drivers were dragged from the vehicles and beaten
-Texas has a law that allows self-defense called the stand your ground law that the DA ignored.
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