Daniel Perry found GUILTY of murder for shooting man who pointed rifle at him during Austin BLM riot

[Ghost Bear]

Bookmarking...

Curious that no one (other than @roamer_1 on this thread) seems to be talking about an appeal.

[Cyber Liberty]

Why is there no talk about an appeal of the conviction?  It seems to me that an appeal would be a slam-dunk, but all the talk has jumped immediately to a pardon by the governor. Why?

People want to complain that Abbott erred in not instantly Pardoning the Officer, which would be contrary to TX law.

[Free Vulcan]

Bookmarking...

Curious that no one (other than @roamer_1 on this thread) seems to be talking about an appeal.

I absolutely believe they need to appeal this. Texas has I think the strongest self-defense laws in the nation, you do not want this precedent to stand and weaken that.

[Kamaji]

@Kamaji

Not in DC,or anywhere else in DC or on the left coast.

Too sad,and too true.

Or at least will never happen as long as the left remains in control of our judicial system.

No, it’s because bar disciplinary committees rarely go after prosecutors, and because prosecutors in almost every state have absolute immunity for conduct in their office.

Everyone likes to point to Nifong as an example, but he was the exception that proved out the rule, not an example for what typically happens.

[Bigun]

No, it’s because bar disciplinary committees rarely go after prosecutors, and because prosecutors in almost every state have absolute immunity for conduct in their office.

Who grants them this immunity and why is it granted?

[240B]

New York Post
By Katherine Donlevy
April 8, 2023

Texas Gov. Greg Abbott promised Saturday to pardon a US Army sergeant a day after he was convicted of shooting a protester to death during a Black Lives Matter rally.

The Republican said Sgt. Daniel Perry, 35, was acting in his own defense when he repeatedly fired his handgun on 28-year-old Garrett Foster as he marched in the July 25, 2020 Austin demonstration.

“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.

The governor blamed the Friday conviction on the county’s George Soros-backed Democrat District Attorney José Garza and promised to reign in “rogue District Attorneys.”

In a Twitter reply, Abbot said that he “strongly supports” a supporting theory that Garza “intentionally mislead the Grand Jury” throughout the trial.

(more)
https://nypost.com/2023/04/08/texas-gov-abbott-vows-to-pardon-us-army-sergeant-daniel-perry/

[Bigun]

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

The Federalist Papers, Number 47, James Madison

The Judicial branch is 100% lawyers currently, the legislative branch is mostly made up of brotherhood of the bar members as well, and the current president is also a member of that fraternity.

We should not be surprised that we find ourselves in our current situation.

[roamer_1]

@roamer_1

I agree,but I also think that bogus arrests and charges like that MUST be shut down and the DA's that file the charges should be disbarred and given prison time.

The ONLY way this can happen and justice be served is to have him released on parole immediately,
and THEN file the charges and name him as a witness.

No @sneakypete

The way that happens is to appeal the case on the grounds of exculpatory evidence being withheld.
That acquits accused, dang near automatically, and proves the deeds of the DA in a court of law... And he is boned.

It needs to be appealed.

Pardon will be made to look like a political act.

[sneakypete]

New York Post
By Katherine Donlevy
April 8, 2023

Texas Gov. Greg Abbott promised Saturday to pardon a US Army sergeant a day after he was convicted of shooting a protester to death during a Black Lives Matter rally.

 

@240B

And the rioters WILL be bussed into Texas a couple of days ahead of the scheduled riots.

They will,of course,remain in Austin because even they aren't stupid enough  to try to start shooting people and setting fires anywhere else in Texas.

[sneakypete]

No @sneakypete

The way that happens is to appeal the case on the grounds of exculpatory evidence being withheld.
That acquits accused, dang near automatically, and proves the deeds of the DA in a court of law... And he is boned.

It needs to be appealed.

Pardon will be made to look like a political act.

@roamer_1

Thanks for the correction. I don't really care HOW it happens,as long as it happens.

[Smokin Joe]

Does suppression of Brady material give rise to a §1983 action for deprivation of constitutional rights?

It is denial of Due Process, and that's a guaranteed Right under the 5th Amendment:

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

If Due Process is a Civil Right, and Brady Material was withheld at the behest of the prosecutor, Constitutional Rights have been violated, under color of Law, and through the collusion, if not conspiracy of the participants in that withholding of exculpatory evidence.

IMHO, that leaves multiple avenues of approach for both criminal and civil actions against the offenders. Section 1983 would be one which applies.along with 18 USC Section 242 and possibly 241.

[Hoodat]

It is denial of Due Process, and that's a guaranteed Right under the 5th Amendment:

And also the 14th Amendment:

Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Democrats have been opposing this section before the ink was even dry.

[Fishrrman]

I don't normally quote roamer, because he's on my permanent ignore list.
But I saw this from him in a quote:
"It needs to be appealed.
Pardon will be made to look like a political act"

NO appeal.
That's because the conviction IS "a political act" -- by the left.

It must be met with a MORE POWERFUL political act -- from the right.

Abbott should pardon Mr. Perry and be done with it.
Why should he spend any time in jail for this?

Politically-based trials against us require appropriately political action in response.
That's the way it's going to be from now on.

Unless you're satisfied with losing all the time.

[Fishrrman]

The governor tweeted on Saturday that he was "working as swiftly as Texas law allows," and that pardons in Texas must be recommended by the Board of Pardons and Paroles. Abbott has also instructed the board to expedite its review so that he can sign the pardon once it reaches his desk.

Ahem.
What if the Board of Pardons and Paroles upholds the conviction?

Can Abbott over-ride it?

[roamer_1]

I don't normally quote roamer, because he's on my permanent ignore list.
But I saw this from him in a quote:
"It needs to be appealed.
Pardon will be made to look like a political act"

NO appeal.
That's because the conviction IS "a political act" -- by the left.

It must be met with a MORE POWERFUL political act -- from the right.

Abbott should pardon Mr. Perry and be done with it.
Why should he spend any time in jail for this?

Politically-based trials against us require appropriately political action in response.
That's the way it's going to be from now on.

Unless you're satisfied with losing all the time.

It will be won on appeal @Fishrrman . And a legal precedent established. Far more profitable than a temporary political gain.

That the man's life is in the balance in the form of his incarceration is - forgive me - incidental to the principle.
And he will have very good grounds for a suite against the city after the fact. That is, if he even remains incarcerated...

A tough row to hoe... but a better harvest.

[Kamaji]

Who grants them this immunity and why is it granted?

Either statute or case law.

If you want to take it away, then you'll need to persuade the legislatures.

Good luck with that.

[Smokin Joe]

It will be won on appeal @Fishrrman . And a legal precedent established. Far more profitable than a temporary political gain.

That the man's life is in the balance in the form of his incarceration is - forgive me - incidental to the principle.
And he will have very good grounds for a suite against the city after the fact. That is, if he even remains incarcerated...

A tough row to hoe... but a better harvest.

It isn't just that the charges were wrong in the first place, given Texas Law ('Stand your Ground')--that is only part of this.

The MAJOR thing here, and it has become a pattern by Leftists (see: 1/6)
is WITHHOLDING EXCULPATORY EVIDENCE.
Like censoring opposing viewpoints on Twitter pre-Elon, and on virtually all other major media and social media platforms, the Defense is deprived either directly, or through a conspiracy or collusion between the DA and investigating parties to suppress material which indicates the accused is innocent of the charge.
These are Lawyers, sworn to uphold the law, violating that selfsame law willy-nilly to achieve their desired political ends. THAT MUST STOP.

A COURT OF LAW IS NO PLACE FOR CANCEL CULTURE TO TAMPER WITH THE TOTALITY OF THE EVIDENCE IN A CASE, MATERIALLY CHANGING THE NATURE OF THE ACTIONS (OR LACK THEREOF) OF THE ACCUSED.

[roamer_1]

It isn't just that the charges were wrong in the first place, given Texas Law ('Stand your Ground')--that is only part of this.

The MAJOR thing here, and it has become a pattern by Leftists (see: 1/6)
is WITHHOLDING EXCULPATORY EVIDENCE.
Like censoring opposing viewpoints on Twitter pre-Elon, and on virtually all other major media and social media platforms, the Defense is deprived either directly, or through a conspiracy or collusion between the DA and investigating parties to suppress material which indicates the accused is innocent of the charge.
These are Lawyers, sworn to uphold the law, violating that selfsame law willy-nilly to achieve their desired political ends. THAT MUST STOP.

A COURT OF LAW IS NO PLACE FOR CANCEL CULTURE TO TAMPER WITH THE TOTALITY OF THE EVIDENCE IN A CASE, MATERIALLY CHANGING THE NATURE OF THE ACTIONS (OR LACK THEREOF) OF THE ACCUSED.

That's right... and why I want an appeal. THE COURT best serves to hit these oath breaking SOBs like a jackhammer.

[rangerrebew]

Soros-backed DA behind Army veteran's murder conviction accused of witness tampering, withholding evidence
Story by Taylor Penley • Yesterday 10:00 AM

An Austin court recently convicted Army Sgt. Daniel Perry of murder for the 2020 shooting of an armed Black Lives Matter protester that coincided with violent protests nationwide, despite the lead detective on the case claiming Perry's actions were justifiably self-defense — and despite accusations against District Attorney Jose Garza of witness tampering and withholding evidence.
 
Now, Texas Gov. Greg Abbott, R., looks at pardoning Perry, tweeting Saturday, "I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry," adding that the state's Board of Pardons and Paroles must recommend pardons, but that he made the request and urged the board to expedite its review.

Other state officials, including Texas Lt. Gov. Dan Patrick, support the move to pardon Perry. Patrick joined Fox News' Lawrence Jones on Saturday to break down the case.

GREG ABBOTT WORKING TO ‘SWIFTLY’ PARDON ARMY SERGEANT CONVICTED OF MURDER IN BLACK LIVES MATTER RIOT
 
"This DA, like a lot of the George Soros-supported DAs across the country in our big, blue cities, seemed to let criminals go free and go after the innocent," he said.

https://www.msn.com/en-us/news/us/soros-backed-da-behind-army-veteran-s-murder-conviction-accused-of-witness-tampering-withholding-evidence/ar-AA19Ejas?ocid=msedgdhp&pc=U531&cvid=205a732a83e346c78eb4070b04c31d60&ei=21

[mystery-ak]

April 10, 2023
It may be heretical to think so, but Daniel Perry’s murder conviction in Austin, Texas might be legally sound
By Thomas Lifson

From what I at first read, saw, and heard, I figured that Army Sgt. Daniel Perry was the victim of a Soros-backed DA who was, like so many others, indicting people for merely defending themselves. Much as Kyle Rittenhouse was put on trial when he fired at someone pointing a rifle at him, Perry claimed that he responded with gunfire when a BLM demonstrator named Garret Foster pointed an AK-47 he was carrying at him in a 2020 Austin, TX protest march. Perry was, at the time, driving an Uber car.

But Andrew Branca of Legal Insurrection has surprised me with his close analysis of the evidence presented and his conclusion that the jury’s conviction was legally justifiable:

    From the start Perry would be arguing that he shot Foster in self-defense, and only after Foster had pointed his rifle at Perry.

    THE KEY ISSUE IN THE TRIAL: WAS THE RIFLE POINTED AT PERRY?

    And right there we have the key issue in this murder trial.  Certainly, if the jury believed that Perry fired only after Foster pointed his rifle at him, there could hardly be a clearer case of self-defense.  Indeed, as someone who personally carries a firearm for self-defense on a regular basis, anyone who unlawfully points a rifle at me ought to have a high expectation of getting shot in self-defense.

    Immediately following the announcement of the guilty verdict, social media rather exploded with outrage at a guilty verdict so insanely inconsistent with Perry’s narrative of shooting in self-defense only after facing the muzzle of Foster’s rifle.

    The problem with this outrage, however, is that it presumes as an indisputable fact that Foster initiated the deadly force confrontation by pointing his rifle at Perry.

    That “fact,” however, is not indisputable. Indeed, that fact was aggressively disputed by the prosecution, which argued to the jury that Foster never pointed his rifle at Perry, and so Perry’s claimed legal grounds for shooting Foster in self-defense simply doesn’t exist.

    In support of this narrative of guilt the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry. (snip)

    If the jury concluded that Foster had not, in fact, pointed his rifle at Perry, then it must also conclude that it was Perry who was the initial deadly force aggressor in this confrontation when he shot Foster—and, as the initial deadly force aggressor Perry cannot justify his use of force as self-defense.

more
https://www.americanthinker.com/blog/2023/04/it_may_be_heretical_to_think_so_but_daniel_perrys_murder_conviction_in_austin_texas_might_be_legally_sound.html

[Smokin Joe]

What? DO you have to wait until the SOB shoots you to be "legally justified" in defending yourself?

People block street, are armed and hostile, if that rifle is within 90 degrees of being pointed at me (i.e. not conspicuously pointed AWAY from me), it is a threat.

Were these people (mobs) supposed to be blocking streets with AK-47s in hand?


What will the prosecutors do if Conservatives were to act that way?

[mystery-ak]

Tony Plohetski
@tplohetski
·
2h
BREAKING: Army Sgt. Daniel Perry will be sentenced at 9:15 a.m. Tuesday in the death of Black Lives Matter protester Garrett Foster. A jury convicted him of murder Friday.

[catfish1957]

Missed this thread earlier, but even above an appeal, is to get the litigatation and appellate process  as far away. from Travis County as possible.

[Weird Tolkienish Figure]

April 10, 2023
It may be heretical to think so, but Daniel Perry’s murder conviction in Austin, Texas might be legally sound
By Thomas Lifson

From what I at first read, saw, and heard, I figured that Army Sgt. Daniel Perry was the victim of a Soros-backed DA who was, like so many others, indicting people for merely defending themselves. Much as Kyle Rittenhouse was put on trial when he fired at someone pointing a rifle at him, Perry claimed that he responded with gunfire when a BLM demonstrator named Garret Foster pointed an AK-47 he was carrying at him in a 2020 Austin, TX protest march. Perry was, at the time, driving an Uber car.

But Andrew Branca of Legal Insurrection has surprised me with his close analysis of the evidence presented and his conclusion that the jury’s conviction was legally justifiable:

more
https://www.americanthinker.com/blog/2023/04/it_may_be_heretical_to_think_so_but_daniel_perrys_murder_conviction_in_austin_texas_might_be_legally_sound.html

And what about video of this Garrett punk saying people were to bleep to do anything about him pointing guns at people?

So yeah, BS to this. I hope he's exonerated.

[Ghost Bear]

Daniel Perry’s attorney files motion for new trial, court documents say

AUSTIN (KXAN) — Court documents reveal Daniel Perry’s attorney filed a motion Tuesday for a new trial for Perry after a jury found him guilty of murder last week. Perry shot and killed protester Garrett Foster in July 2020 in downtown Austin. Perry and his attorney said the shooting was in self-defense.

Perry’s attorney requested the new trial based upon grounds of excluded evidence, court documents said. The defense team stated in the documents it attempted to introduce evidence to show Foster’s motive, states of mind and intent.

Excerpted, more at the link: https://www.kxan.com/news/local/austin/daniel-perrys-attorney-files-motion-for-new-trial-court-documents-say/