Perry, who is white, was working as a ride-share driver in downtown Austin on July 25, 2020, when he shot and killed Foster, an Air Force veteran. “This man is a loaded gun, ready to go off at any perceived threat,” prosecutor Guillermo Gonzalez said, urging Brown to issue a sentence of at least 25 years. They had been excluded from Perry’s trial, but were publicly released after his conviction and allowed into the sentencing phase by Brown. On Tuesday, prosecutors submitted into evidence dozens of texts and social media posts Perry wrote, shared or liked, including some shockingly racist images. Army spokesman Bryce Dubee has said Perry is classified as in “civilian confinement” pending separation from the military. His lawyers asked the judge to consider his more than a decadelong military career and hand down a sentence of no more than 10 years. Witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without shooting. Perry said he was trying to get past the crowd and fired his pistol when Foster pointed a rifle at him. He had just dropped off a ride-share customer and turned onto a street filled with protesters. Perry was stationed at Fort Hood, about 70 miles (110 kilometers) north of Austin, when the shooting happened. Perry’s prosecution in the first instance,” he said. “Those who claim that Governor Abbott’s expressed intent is based on politics simply choose to ignore the fact that it was only the political machinations of a rogue district attorney which led to Sgt. The pardon process is a valuable check on the court system, Broden said. Garza said he’s been in touch with the board and has been assured that prosecutors will be allowed to present a case against a pardon, and that it will include a presentation from Foster’s family. Travis County District Attorney Jose Garza said it was Abbott “who decided to insert politics in this case.” But he insisted that Perry had a “fair and impartial trial” and that the jury’s decision “deserves our honor and it deserves to be respected.” District Judge Clifford Brown delivered a statement during sentencing that didn’t address the potential pardon directly.
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