Posted on Apr 17, 2023
Army sergeant convicted of murder made racist remarks, violent threats
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Update to story about military veteran and convicted murderer, Daniel Perry...
Texas state governor Greg Abbott wants to pardon him over the lethal shooting of a BLM protestor. Perry's social media record includes memes of violence with racist connotation along with comments over wanting to hurt Muslims in Europe.
Texas state governor Greg Abbott wants to pardon him over the lethal shooting of a BLM protestor. Perry's social media record includes memes of violence with racist connotation along with comments over wanting to hurt Muslims in Europe.
Army sergeant convicted of murder made racist remarks, violent threats
Posted from armytimes.com
Murder
Threat
Racism
Social Media
Posted 1 y ago
Responses: 6
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The guy killed was white. The guy killed had a rifle at ready position and got shot. FAFO If racist remarks are such a big deal why is it OK for the Tennessee three?
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LTC Eugene Chu
1. Eyewitnesses at the trial contradicted Perry's account about weapon position.
2. Perry's interview with police said he was worried that Foster was going to aim his weapon, not actually being aimed at him.
3. Foster's weapon had the safety on with no round in chamber.
4. What specific racist comments did the Tennessee three make?
https://www.rollingstone.com/culture/culture-news/daniel-perry-guilty-verdict-murder-blm-protester-garrett-foster [login to see] /
2. Perry's interview with police said he was worried that Foster was going to aim his weapon, not actually being aimed at him.
3. Foster's weapon had the safety on with no round in chamber.
4. What specific racist comments did the Tennessee three make?
https://www.rollingstone.com/culture/culture-news/daniel-perry-guilty-verdict-murder-blm-protester-garrett-foster [login to see] /
U.S. Army Sgt. Guilty in Murder of BLM Protester
In July 2020, Daniel Perry drove his car into a crowd protesting police brutality and shot Garrett Foster multiple times through his driver’s side window
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LTC David Brown
LTC Eugene Chu - Kumar, an immigrant from India was told, once to his face and once on the floor of the Tennessee legislature that he is the brown face of white racism. Kumar has been in America 50 years and that is the first racial insult he has received. Foster had the weapon shouldered and elevated when he was shot. What was he doing with a weapon in a riot? People block streets and attack people. Even one of the Tennessee three attacked a motorist.
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Maj John Bell
LTC Eugene Chu You are sitting in your vehicle. All around you about 20 people, some of whom are kicking and slapping your vehicle. A man stands next to your vehicle. He is armed with a semi-automatic rifle. Is that weapon on safe? Is there in a round in the chamber? You have fractions of a second to make a decision, "shoot - don't shoot." Guess wrong and you face death or grievous bodily harm. How can you possibly know the weapon is on "safe?" How can you possibly know that there is no round in the chamber? What odds would you give on your powers of observation if the wager on your side was your life if you guess wrong? Those two points are absolutely irrelevant to a "reasonable belief" defense.
The ONLY relevant question is was there something about the way either man was holding his firearm that led the other to believe that deadly force was justified. Foster, the victim could have just as easily raised his rifle because he perceived that Perry was intent on the use of deadly force either with his vehicle or his sidearm. Foster guesses wrong, the wager is his life or the lives of those around him. Both Foster and Perry could be correct in their assumptions and the quickest on the trigger comes out alive.
We do not know what the deciding factor in Governor Abbot's decision will be. It is not a requirement that a person have no warts to receive a pardon. The plain and simple is that innocence is not a pre-requisite for a pardon. All that is required is that the governor do what he thinks best.
The ONLY relevant question is was there something about the way either man was holding his firearm that led the other to believe that deadly force was justified. Foster, the victim could have just as easily raised his rifle because he perceived that Perry was intent on the use of deadly force either with his vehicle or his sidearm. Foster guesses wrong, the wager is his life or the lives of those around him. Both Foster and Perry could be correct in their assumptions and the quickest on the trigger comes out alive.
We do not know what the deciding factor in Governor Abbot's decision will be. It is not a requirement that a person have no warts to receive a pardon. The plain and simple is that innocence is not a pre-requisite for a pardon. All that is required is that the governor do what he thinks best.
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I haven't been following this aside from the snippets I read now and then, but I followed the link and looked at the DA's court filings* being referenced - it's 259 text messages from his phone (75 pages of them) cited by the DA to reinforce their charges (side note: I did see references to page numbers in the 1740s ... don't know if that's a lot or not).
A lot of it reads like he is a racist right-wing extremist Vet with PTSD acting out violent fantasies from video games. They certainly do paint a damning picture of Mr. Perry, however that is what I would expect the prosecutions evidence to do. Keep in mind that this is one side of the picture with context that puts the prosecutor's case in the best light. There is nothing to balance out the portrait that the prosecution painted of him.
However, everyone needs to keep in mind - this man was found guilty at trial by a jury that DID see both sides of the portrait. Could the jury have been biased? Sure it could. Does that mean it was? No, only that it might have been (and it also means that the Jury was not biased).
However flawed the legal system is, I have to believe in it because just like Democracy, it is the worst form of a legal system, except all those other forms that have been tried from time to time.
Was this a case of "Stand your ground" or was this as case of murder? The jury was shown both sides and rendered a unanimous verdict that it was the later. Do juries get it wrong? Absolutely they do, but not often. Is this one of those cases? Time will tell.
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* https://www.scribd.com/document/638145231/Court-filing-in-Daniel-Perry-case?irclickid=z1bxbs0c5xyNTT%3AwYtzsxVdLUkAT-V3WUz3kVA0&irpid=10078&utm_source=impact&utm_medium=cpc&utm_campaign=affiliate_pdm_acquisition_Skimbit%20Ltd.&sharedid=houstonchronicle.com&irgwc=1#
A lot of it reads like he is a racist right-wing extremist Vet with PTSD acting out violent fantasies from video games. They certainly do paint a damning picture of Mr. Perry, however that is what I would expect the prosecutions evidence to do. Keep in mind that this is one side of the picture with context that puts the prosecutor's case in the best light. There is nothing to balance out the portrait that the prosecution painted of him.
However, everyone needs to keep in mind - this man was found guilty at trial by a jury that DID see both sides of the portrait. Could the jury have been biased? Sure it could. Does that mean it was? No, only that it might have been (and it also means that the Jury was not biased).
However flawed the legal system is, I have to believe in it because just like Democracy, it is the worst form of a legal system, except all those other forms that have been tried from time to time.
Was this a case of "Stand your ground" or was this as case of murder? The jury was shown both sides and rendered a unanimous verdict that it was the later. Do juries get it wrong? Absolutely they do, but not often. Is this one of those cases? Time will tell.
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* https://www.scribd.com/document/638145231/Court-filing-in-Daniel-Perry-case?irclickid=z1bxbs0c5xyNTT%3AwYtzsxVdLUkAT-V3WUz3kVA0&irpid=10078&utm_source=impact&utm_medium=cpc&utm_campaign=affiliate_pdm_acquisition_Skimbit%20Ltd.&sharedid=houstonchronicle.com&irgwc=1#
Court filing in Daniel Perry case | PDF | Facebook | World Wide Web
A court filing from the Travis County District Attorney's Office of Daniel Perry's internet history that was filed during his murder trial.
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COL Randall C.
Can't disagree with any of your points and I'm sure the defense made them as well. However, the conclusion of those points was different.
As I said above, could the Jury have rendered a biased decision? Of course. Because they could, does that mean they did? Opinion either way. This is like when the Supreme Court rules on a case - In the minds of those that like the ruling, the Court is "Right, Just and Proper" in their ruling. For those opposed to it they become an Activist Court that is ignoring the law.
Assuming that the jury was wrong after they saw all the evidence because they are from a liberal area would be like saying that people from a conservative area can't render an unbiased verdict either. Again, is it possible? Yes. Was it? Opinion either way.
(the following isn't in response to your comments MSG Joseph Cristofaro, but further amplification of what's going on)
Abbot didn't say he would pardon Mr. Perry. He asked the Board of Pardons and Paroles to review the case and to give him a recommendation and that he would approve it quickly if they vote to pardon him* (yes, he indicated he would like to, but he can't unless the Board agrees).
Board members are appointed by the Governor with the consent of the Texas Senate.
Looking at the membership of the Board* the majority of the members have served numerous years in Texas law enforcement or in the legal system. Just as you would expect that the jury would render an impartial verdict driven by the facts of the case, you should expect the same from the Board (it's hypocritical for someone to agree with the Jury but say that the Board is biased or the other way as well).
It is completely legal for the Board to review the conviction. Will those opposed to them reviewing the case say it's completely political and 'turns the Justice system on it's ear'?
because there is a possibility they would find grounds for it to be pardoned? Of course (that "Right, Just, and Proper" vs "Activist Court" thing again). If the majority of the board finds grounds for a pardon and recommend it to the Governor, could it be a biased view? Of course. If a recommendation for a Pardon is given, IS it biased? Opinions will run the gamut.
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* Except in cases of treason or impeachment, after conviction, the governor may grant a full pardon upon the recommendation and advice of a majority of the board (Texas Constitution, Article IV, §11; Texas Code of Criminal Procedure, Articles 48.01 and 48.03)
* Texas Board of Pardons and Paroles members - https://www.tdcj.texas.gov/bpp/brd_members/brd_members.html
As I said above, could the Jury have rendered a biased decision? Of course. Because they could, does that mean they did? Opinion either way. This is like when the Supreme Court rules on a case - In the minds of those that like the ruling, the Court is "Right, Just and Proper" in their ruling. For those opposed to it they become an Activist Court that is ignoring the law.
Assuming that the jury was wrong after they saw all the evidence because they are from a liberal area would be like saying that people from a conservative area can't render an unbiased verdict either. Again, is it possible? Yes. Was it? Opinion either way.
(the following isn't in response to your comments MSG Joseph Cristofaro, but further amplification of what's going on)
Abbot didn't say he would pardon Mr. Perry. He asked the Board of Pardons and Paroles to review the case and to give him a recommendation and that he would approve it quickly if they vote to pardon him* (yes, he indicated he would like to, but he can't unless the Board agrees).
Board members are appointed by the Governor with the consent of the Texas Senate.
Looking at the membership of the Board* the majority of the members have served numerous years in Texas law enforcement or in the legal system. Just as you would expect that the jury would render an impartial verdict driven by the facts of the case, you should expect the same from the Board (it's hypocritical for someone to agree with the Jury but say that the Board is biased or the other way as well).
It is completely legal for the Board to review the conviction. Will those opposed to them reviewing the case say it's completely political and 'turns the Justice system on it's ear'?
because there is a possibility they would find grounds for it to be pardoned? Of course (that "Right, Just, and Proper" vs "Activist Court" thing again). If the majority of the board finds grounds for a pardon and recommend it to the Governor, could it be a biased view? Of course. If a recommendation for a Pardon is given, IS it biased? Opinions will run the gamut.
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* Except in cases of treason or impeachment, after conviction, the governor may grant a full pardon upon the recommendation and advice of a majority of the board (Texas Constitution, Article IV, §11; Texas Code of Criminal Procedure, Articles 48.01 and 48.03)
* Texas Board of Pardons and Paroles members - https://www.tdcj.texas.gov/bpp/brd_members/brd_members.html
Texas Board of Pardons and Paroles Board Members Page
The Texas Board of Pardons and Paroles Board Members page
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COL Randall C.
PV2 Larry Sellnow - Regarding your comment that Mr. Perry "ran his vehicle into the crowd" (I deleted your first response as it is was a bit too far over the edge regarding vulgarity and personal attacks), that is an opinion and not a finding from the jury.
From what I read, the DA tried charged him with that crime, but based on the testimony and evidence given in the trial, the Jury did not find that credible and found him not guilty of that. I even searched for reports that others were injured by his vehicle striking them and couldn't.
Again, I don't know what evidence was presented in the trial and it's very possible that his vehicle made contact with, but did not injury anyone (hypothetical) but whatever picture was painted for the Jury by the prosecution and defense, that picture did not support the charge.
From what I read, the DA tried charged him with that crime, but based on the testimony and evidence given in the trial, the Jury did not find that credible and found him not guilty of that. I even searched for reports that others were injured by his vehicle striking them and couldn't.
Again, I don't know what evidence was presented in the trial and it's very possible that his vehicle made contact with, but did not injury anyone (hypothetical) but whatever picture was painted for the Jury by the prosecution and defense, that picture did not support the charge.
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