Daniel Perry sentenced to 25 years in prison

A view from behind the witness stand looking towards the gallery in Courtroom #8 which will be full of prospective jury candidates. (Photo by Spencer Weiner-Pool/Getty Images)
(Photo by Spencer Weiner-Pool/Getty Images)

OAN Roy Francis
9:32 AM – Wednesday, May 10, 2023

United States Army Sergeant Daniel Perry was sentenced to 25 years in prison on Wednesday for the fatal shooting 28-year-old Air Force veteran Garrett Foster in 2020.


In 2020, according to Perry’s defense, Foster had approached Perry’s car with a rifle during Black Lives Matter protest. Perry said he then shot Foster in self-defense when the man had pointed his rifle at him.

The Army Sergeant said that he was working as a ride-share driver at the time, and had just dropped off a client, unaware that protests were taking place.

According to Perry’s attorneys, he kept a weapon in his vehicle for personal protection.

In April, Perry was convicted for the murder of Foster, which prompted outrage from Conservatives. Governor Greg Abbott (R-Texas.) had also said that he will sign a pardon once the recommendation from the Texas Board of Pardons and Paroles reaches his desk, although it is unclear when that will happen.

On Wednesday, a Texas judge sentenced Perry to 25 years in prison for the shooting.

Perry ‘s defense asked the court to consider his career in the military, and asked for a sentence of no more than 10 years. A forensic psychologist also testified that he believed Perry has suffered from post-traumatic stress disorder.

Army spokesman said that Perry is currently classified as in “civilian confinement” and is awaiting separation from the military.

The prosecutor in the case, Guillermo Gonzalez, urged the judge to issue the sentence of at least 25 years saying that Perry is still a danger.

“This man is a loaded gun, ready to go off at any perceived threat,” Gonzalez said. “He’s going to do it again.”

Garrett’s mother addressed the court at the sentencing hearing and that “After three long years we’re finally getting justice for Garrett.”

She then addressed Perry.

“Mr. Perry, I pray to God that one day, he will get rid of all this hate that is in your heart,” she said.

District Judge Clifford Brown said that Perry had received a “fair and impartial trial” and that the decision made by the jury “deserves our honor and it deserves to be respected.”

Perry’s attorney, Douglas O’Connell, said that the fight is not over and that they plan on appealing the decision.

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