# Abbott to Pardon Perry {Pardon has happened} **URL:** \ **Category:** Politics & Elections\ **Created:** [April 11, 2023, 10:36am UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497 "2023-04-11T10:36:02Z")\ **Posts on this page:** 17\ **Page:** 3
**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\ **Post date:** [April 16, 2023, 5:28pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/41 "2023-04-16T17:28:11Z")
> [@Atamasama](#): > > Firing a gun in a parking lot while blind is reckless behavior regardless of circumstances. No doubt. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [May 12, 2023, 6:56am UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/42 "2023-05-12T06:56:55Z")
[US Army sergeant sentenced to 25 years for Black Lives Matter protester’s murder](https://www.yahoo.com/news/us-army-sergeant-sentenced-25-183241249.html) > (Reuters) -A U.S. Army sergeant was sentenced to 25 years in a Texas prison on Wednesday for killing a man at a protest against police brutality in 2020, setting the stage for Governor Greg Abbott to make good on a pledge to grant a pardon. And from an [earlier report](https://www.yahoo.com/entertainment/texas-judge-denies-trial-army-203958808.html?spot_im_redirect_source=user-profile&spot_im_comment_id=sp_Rba9aFpG_c3c3faeb-7ef1-37e9-bdfe-9389e1133a8c_c_2POhRvinzd4GNuJVKz7FWom5dAZ_r_2POjJuPgE4GH26tOI5ak5A4epv3&spot_im_highlight_immediate=true): > A Texas judge rejected a motion Wednesday to grant [Army](https://www.military.com/army) Sgt. Daniel Perry a new trial after he was found guilty last month of killing a 28-year-old [Air Force](https://www.military.com/air-force) veteran, Garrett Foster, during an Austin Black Lives Matter protest in 2020. The decision comes as the Army is in the process of pushing Perry out of the service. > > “Sgt. Perry’s unit has initiated an administrative separation under Army Regulation 635-200 due to his conviction,” a spokesperson from the 11th Airborne Division – Perry’s unit – told [Military.com](http://Military.com) in a statement. “In the interim, the unit is changing his duty status to civilian confinement.” So, 25 years, kicked out of the military, and hailed by the racists calling themselves republicans. Not bad, I guess, for wanting to kill someone, preparing to kill someone, going somewhere to kill someone, and actually killing someone. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 12, 2023, 7:03am UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/43 "2023-05-12T07:03:17Z")
> [@mbh](#): > > This is disputed. Just as valid as “Some people say…”, right? ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [May 16, 2024, 10:30pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/44 "2024-05-16T22:30:54Z")
And now it has happened: > **[Texas governor pardons ex-Army sergeant convicted of killing Black Lives...](https://apnews.com/article/army-sergeant-murder-parole-black-lives-matter-4b1d0c54b0de451642bcf1e8cd75a7e5)** > > Texas Gov. Greg Abbott has pardoned a white ex-Army sergeant convicted of murder for fatally shooting an armed demonstrator in 2020 during nationwide protests against racial injustice. ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [May 16, 2024, 10:34pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/45 "2024-05-16T22:34:35Z")
When I first read the headline I was wondering what Rick Perry had done. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 16, 2024, 10:44pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/46 "2024-05-16T22:44:22Z")
> [@BeepKillBeep](#): > > What I find particularly interesting about this case is the collision of between open carry and stand your ground. Foster was open carrying legally. He never made a threatening move with his firearm. That is the disputed part. > **[Texas Gov. Greg Abbott pardons Daniel Perry, Army sergeant convicted of...](https://www.nbcnews.com/news/us-news/texas-gov-greg-abbott-pardons-daniel-perrry-army-sergeant-convicted-mu-rcna152661)** > > Perry was found guilty in the murder of Garrett Foster at a protest against racial injustice and police brutality in Austin and sentenced to 25 years in prison. “The Board of Pardons and Paroles undertook an independent and extensive review of the case,” Broden said. “In particular, it interviewed the police detective who had previously determined, after a thorough investigation, that Mr. Perry had acted in self-defense when confronted with an angry crowd and a person with an assault rifle in the low ready position.” However- only an idiot carries open caries a semiautomatic rifle. such as a AR15. Holstered sidearm- Okay if you really think you need it. 🙄 (admittedly, if this was legal around here, there are some areas I would consider it- but then- I just try to avoid those areas- buthonestly if a women wants to open carry a holstered handgun- I cant totally blame her) . BUT I do agree- the only reason why Abbott (who seemingly loves to execute other killers- about half of whom werent white) pardoned this dude as Perry killed a BLM protestor. No real new info has come to light. Yes, there is a Board of Appeals, but the Governor made it very clear to them he wanted to pardon Perry. They complied of course. This stinks. If Perry was black he’d be heading for death row. ---
**Author:** ![74westy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/74westy/32/3950_2.png) [@74westy](https://boards.straightdope.com/u/74westy)\ **Post date:** [May 17, 2024, 1:51pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/47 "2024-05-17T13:51:02Z")
> [@Love\_Rhombus](#): > > When I first read the headline I was wondering what Rick Perry had done. I wondered what Bud Abbott had done. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [May 17, 2024, 2:15pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/48 "2024-05-17T14:15:30Z")
> [@DrDeth](#): > > “The Board of Pardons and Paroles undertook an independent and extensive review of the case,” Broden said. The Texas Board of Pardons and Paroles – theoretically an objective body – is absolutely supine to Greg Abbott’s wishes. They got out over their skis a couple years ago and recommended a posthumous pardon of George Floyd for a minor drug offense. The silence from Abbott was deafening, and they quickly unanimously voted to rescind the recommendation. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [May 17, 2024, 4:01pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/49 "2024-05-17T16:01:18Z")
> [@Horatius](#): > > I’m honestly surprised we haven’t yet seen a serial killer using Stand Your Ground laws as their tool of choice. I mean, as you say, it has so many huge loopholes. Even if you _knew_ the guy was going out with the intent of finding someone to shoot, how, under this law, would you be able to prosecute them? Is there some principle in law that it’s legal to defend yourself X times, but X+1 you’re going to rot in prison? I’d imagine it’s because, the more and more times you do this, the less believable it becomes in the eyes of a jury. Killing someone once in the name of Stand Your Ground is one thing; doing such killings 10 times makes it far more suspicious. Even if justified under the law, the juries will be less and less favorable to the defendant; they’re human jurors, not robots. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [May 17, 2024, 4:22pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/50 "2024-05-17T16:22:11Z")
Not to mention that the circumstances that lead to a plausible claim of a Stand Your Ground law has to show some kind of self-defense. I know in some cases that’s flimsy, but if you have someone drugged and/or tied up or you come at them out of nowhere and strangle them, it’s harder to claim it. It’s an affirmative defense I believe. (IANAL of course.) So it’s one of those cases where the burden is actually on the defense for once. … I just Googled it and damn, in some states (including Florida) there is no affirmative defense required; you’re just immune from prosecution. WTF. 😕 ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [May 17, 2024, 4:29pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/51 "2024-05-17T16:29:03Z")
> Under Texas law, Abbott can’t act on his own. He can only grant a pardon after the Board of Pardons and Paroles has made a recommendation on a case. Sanity in Texass? Who would have thunk it. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [May 17, 2024, 4:31pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/52 "2024-05-17T16:31:55Z")
Abbott appoints all of the members of the Board. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [May 17, 2024, 4:37pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/53 "2024-05-17T16:37:24Z")
I take back by comment on the sanity then. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [May 17, 2024, 4:49pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/54 "2024-05-17T16:49:26Z")
> [@Horatius](#): > > I’m honestly surprised we haven’t yet seen a serial killer using Stand Your Ground laws as their tool of choice. I mean, as you say, it has so many huge loopholes. Even if you _knew_ the guy was going out with the intent of finding someone to shoot, how, under this law, would you be able to prosecute them? Is there some principle in law that it’s legal to defend yourself X times, but X+1 you’re going to rot in prison? Sounds like the cliché of the Wild West badman, with multiple notches on his six-shooter, getting in people’s faces and goading them into making the mistake of attacking him. “He drew first Sheriff, everyone in the saloon saw it”. Presumably sheriffs, town marshals and hanging judges quickly got tired of accommodating “trouble makers”. They do make such a thing as holsters for long guns, they’re called scabbards; and if someone insists on their right to carry a shotgun or rifle in public, then unless they have cause to go to condition Orange they really ought to keep them scabbarded, just as most people would be alarmed at someone carried a pistol in their hand. Mandating this is one of the few gun laws I would support. [![](https://th.bing.com/th/id/R.1f40b574db34dc9b798b48abd896d1fc?rik=7pwa12Z3fs%2bq1w&pid=ImgRaw&r=0) ](https://th.bing.com/th/id/R.1f40b574db34dc9b798b48abd896d1fc?rik=7pwa12Z3fs%2bq1w&pid=ImgRaw&r=0) ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [May 17, 2024, 7:40pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/55 "2024-05-17T19:40:35Z")
> [@Lumpy](#): > > They do make such a thing as holsters for long guns, they’re called scabbards; 🙄 Not at you, at the need for a “cool” name. Call them pinkflowers and I bet they’d be much less popular. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 17, 2024, 8:46pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/56 "2024-05-17T20:46:07Z")
> [@flurb](#): > > The Texas Board of Pardons and Paroles – theoretically an objective body – is absolutely supine to Greg Abbott’s wishes. Yep, looks like it. > [@Lumpy](#): > > Mandating this is one of the few gun laws I would support. I would just require- in open carry states- that only holstered handguns be allowed in urban areas. Mind you, I am neither here nor there about the whole “open carry” thing. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [May 17, 2024, 10:55pm UTC](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497/57 "2024-05-17T22:55:22Z")
> [@Atamasama](#): > > I just Googled it and damn, in some states (including Florida) there is no affirmative defense required; you’re just immune from prosecution. WTF. 😕 Exactly. Implemented in a sensible way, it wouldn’t be a problem. But some are diametrically opposed to sensible. [Previous page](https://boards.straightdope.com/t/abbott-to-pardon-perry-pardon-has-happened/982497.md?page=2)