Sgt. Perry's Attorneys file motion for new trial

The attorney for Sgt. Daniel Perry filed a motion Tuesday seeking a new trial. Perry was convicted of murdering Garrett Foster, a far-left protester, who pointed an AK-47 at him in a menacing manner causing the Army Sergeant to respond in kind with his own weapon and killing him.

Attorney Clinton Broden's motion said that a new trial was needed because DA Jose Garza, prevented exculpatory evidence from being presented to the jury. Garza's campaign was funded by billionaire leftist mega-donor George Soros who backs Democrats that will follow his theme of allowing justice to be turned on its head. Criminals often walk free and victims pay the price with the miscarriage of justice as it appears to have happened in this case.

The shooting incident happened on July 25, 2020 in what Broden contends was self-defense. Although Perry was convicted on a murder charge, he was acquitted on an aggravated assault charge.

When the shooting was first investigated Perry was not charged with any crimes, but months later, in 2021, Garza became DA and prosecuted him.

David Fugitt [his real name] was the lead detective in the case and said in an affidavit that DA Garza acted with "criminal behavior" in the case.

“I had several conversations with the District Attorney’s Office regarding the presentation of exculpatory evidence related to Daniel Perry,” Fugitt said. “It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry.”

“On more than one occasion I was directed by the Travis County Attorney’s Office to remove exculpatory information that I had intended to present to the grand jury during my testimony,” he said. “Of my original 158 slide powerpoint presentation, the presentation was reduced to 56 slides with almost all of the exculpatory evidence ordered removed. I felt like I did not have any other options but to comply with their orders.”

Fugitt said that Garza’s directive to forbid exculpatory evidence from being shown during the case “is when the conduct of the District Attorney’s Office [went] from highly unethical behavior to criminal behavior.”

Texas Governor Greg Abbott (R) signaled over the weekend that he was working to get Perry a pardon. The one question remaining is why isn't Abbott working on getting Garza criminally indicted, or at least removed from office?

“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott said in a statement. “Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles.”

“Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon,” Abbott continued. “I have made that request and instructed the Board to expedite its review. I look forward to approving the Board’s pardon recommendation as soon as it hits my desk. Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”

Abbott's decision to go after "rogue District Attorneys" follows in the footsteps of Gov. Ron DeSantis (R-FL) who sent law enforcement officials to remove a Soros puppet from power in the state, making it the first time this had been done to a Soros prosecutor by a governor.

Tweet

Texas Gov. Abbott working to 'swiftly' pardon Sergeant convicted of murder in BLM riot

Well, the pressure from the people actually worked and Governor Greg Abbott (R-TX) said on Saturday that he intends to pardon Army Sergeant Daniel Perry who was convicted of murder for shooting a Black Lives Matter rioter during an anti-police demonstration in 2020.

It was obvious that the shooting was done in self-defense, but Soros-backed District Attorneys don't believe self defense is an excuse.

"I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry," the Texas Republican tweeted Saturday along with a statement on how his office will go about a pardon. The pardon in his state must be recommended by the Board of Pardons and Paroles, so there's the one hurdle that could cause a problem.

"I have made that request and instructed the board to expedite its review," Abbott said.

The governor said he looks forward to signing the pardon as soon as it reaches his desk.

Sgt. Perry was convicted of murder on Friday for shooting a BLM rioter who was holding an AK-47 and pointed it towards him in a threatening manner. The Austin Police Department concluded in their investigation that Perry acted in self-defense.

Perry was stationed at Fort Hood at the time of the shooting. He was driving for Uber to make extra money in downtown Austin on the night of July 25, 2020, when he encountered a large crowd of protesters. They were illegally blocking city streets that night, according to police, as protesters in Austin and elsewhere had done during the weeks of rioting.

One of these protesters, Garrett Foster, 28, was brandishing an AK-47. Perry's lawyers said that the rioters surrounded his vehicle and began pounding on it and during the incident, Foster raised his weapon and aimed it at Sgt. Perry who, in self-defense, shot Foster before he could shoot Perry.

"When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two tenths of a second to defend himself. He chose to live," Doug O’Connell, Perry's attorney, told Fox News Digital in a statement last year.

"It may be legal in Texas to carry an assault rifle in downtown Austin. It doesn’t make it a good idea. If you point a firearm at someone, you’re responsible for everything that happens next."

Abbott explained that Texas has one of the "strongest stand your ground" laws in the country that "cannot be "nullified by a jury or a progressive District Attorney." But tell that to the leftists who hate law and order and always take the side of rioters be they BLM or Antifa.

Travis County District Attorney Jose Garza, the George Soros-backed prosecutor who never saw a patriot he couldn't prosecute was the scumcrumpet who brought the case. He was widely criticized for pursuing charges against Perry and accused of malicious prosecution. The case has no merit, but like the Kyle Rittenhouse case where self-defense saved a young man's life, the left will go after these people because of who the criminals were.

"Self-defense is a God-given right, not a crime. Unfortunately, the Soros-backed DA in Travis County cares more about the radical agenda of dangerous Antifa and BLM mobs than justice," Texas Attorney General Ken Paxton said in a statement to Fox News Digital following the Perry verdict.

"Right now we are completely focused on preparing for Daniel’s sentencing hearing," O'Connell told Fox News Digital following Abbott's tweet.

"I visited Daniel in jail this morning. As you might expect he is devastated. He spoke to me about his fears that he will never get to hug his mother again. He’s also crushed that this conviction will end his Army service; he loves being a Soldier."

Brain Flushings will follow this case and keep you apprised of the results.

Tweet