Exclusive: Daniel Perry Breaks Silence on Justice and Politics | 11.24.24

Summary

Morning Wire Podcast Summary Episode: Exclusive: Daniel Perry Breaks Silence on Justice and Politics | 11.24.24

Introduction

In the November 24, 2024 episode of Morning Wire, Daily Wire Editor-in-Chief John Bickley and co-host Georgia Howe delve into the controversial case of Daniel Perry, a former Army sergeant who was convicted of murder in 2023 and subsequently pardoned by Texas Governor Greg Abbott in May 2024. This exclusive interview marks Perry's first public statement following his pardon, wherein he accuses the district attorney of political targeting.

Background of Daniel Perry's Case

Daniel Perry, a 30-year-old former Army sergeant, was stationed outside Austin, Texas, in 2020 and worked as an Uber driver to supplement his income. On July 25, 2020, after dropping off a passenger, Perry found himself amidst a Black Lives Matter (BLM) protest where tensions were high, and several protesters were armed. According to Perry, the situation escalated when he was confronted by an armed individual.

Perry's Account of the Incident

In his recounting of the night, Perry stated:

“A guy jumped in front of my vehicle so I couldn't drive any further, and somebody threw a water bottle my windshield. That's when I honked my horn. They start rocking and shaking my car and banging on the fist and kicking it.” (00:53)

He described being approached by Garrett Foster, who was carrying a loaded AK47. Perry complied with Foster’s demands to roll down his window, despite being in a state of shock:

“I grabbed my revolver and I shot him.” (03:45)

Perry claimed he acted in self-defense after believing that Foster intended to kill him and that a second shooter had fired shots at his vehicle.

Trial and Controversies

The district attorney, Jose Garza, who is backed by George Soros, charged Perry with murder. The trial was fraught with controversy:

• Juror Misconduct: A juror printed and shared outside research with fellow jurors, leading the defense to seek a new trial. However, the judge sided with the prosecution, deeming the juror's actions permissible.

• Witness Tampering Allegations: Lead investigator Brent Fugit testified that Garza’s office tampered with evidence critical to Perry's defense:

  “I had no idea that the jury instruction was going to be as complicated as they were going to be.” (05:27)

• Exclusion of Police Testimony: Perry's defense was unable to present written documentation to the grand jury, and crucial police support was disallowed during the trial.

Perry expressed his feelings of betrayal and the personal toll the trial took on his life:

“I felt like I was betrayed by the American people... I broke up with my fiancée because I thought I was never going to see her again.” (06:02)

Pardon by Governor Abbott

After serving 13 months, Governor Greg Abbott granted Perry a full pardon, citing Texas' strong "stand your ground" laws that protect acts of self-defense. Abbott emphasized that these protections cannot be overridden by a jury or a "progressive district attorney." Texas Attorney General Ken Paxton lauded the pardon, stating that prosecutors like Garza should not selectively enforce rights.

Perry credited his faith for sustaining him through his ordeal:

“I felt that God has answered my prayers... I felt like I was blessed, to be honest.” (07:11)

Aftermath and Accusations Against DA Jose Garza

Since his pardon, Perry has accused DA Garza of:

• Political Targeting: Alleging that Garza deliberately pursued his case for political reasons.

• Military Discharge Interference: Claiming Garza influenced his military discharge to ensure it was less than honorable, impacting his benefits and rank.

• Retaliatory Actions: The unsealing of private messages from Perry's phone, which the defense argues were taken out of context to tarnish his reputation, is seen as retaliation.

Perry expressed fear of ongoing retaliation:

“I am completely terrified, and I'm worried that they might retaliate... I'm not his only victim.” (09:40)

Comparisons to Other Cases

Perry highlighted the case of Austin police officer Christopher Taylor, who faced multiple indictments for deadly conduct during the 2020 BLM riots. Taylor's defense argues his actions were clearly in self-defense, similar to Perry’s situation. Perry drew parallels to underscore what he perceives as systemic injustice:

“The jury must be improperly considering the other unproven allegations made by the same anti-police DA.” (10:09)

Conclusion

Daniel Perry’s interview with Daily Wire reporter Amanda Prestigiacomo sheds light on his conviction, pardon, and the broader implications of his case on the justice system. Perry remains a vocal critic of DA Garza, asserting that his prosecution was politically motivated and part of a larger pattern of targeting law enforcement and ordinary citizens. With his next hearing scheduled for December, Perry emphasizes that speaking out is crucial to prevent further injustices.

End of Summary

Transcript

[Daniel Perry]

Daniel Perry, a former army sergeant, was sentenced to 25 years in prison for fatally shooting an armed BLM protester during the summer of 2020. After spending more than a year behind bars, Perry was granted a full pardon by Texas Governor Greg Abbott in May of this year. Now he's speaking out for the first time in an exclusive interview with the Daily Wire and accusing the district attorney who convicted him of political targeting.

My entire belief system of the justice system was destroyed because I felt like it was weaponized against me.

[John Bickley]

In this episode, we hear from Perry and the reporter who sat down with him for his first public comments on his controversial case. I'm Daily Wire editor in Chief John Bickley with Georgia Howe. It's November 24th and this is a Sunday edition of Morning Wire.

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[John Bickley]

Joining us now is Daily Wire reporter Amanda Prestigiacomo, who conducted an exclusive interview with Daniel Perry. Hamed so you spoke to Perry about the incident and the politically charged aftermath. This is the first time he's talked to the media since he was pardoned. First, can you recap the case for listeners who might not be familiar?

[Amanda Prestigiacomo]

Sure. Perry, who was then 30 years old, was stationed outside of Austin, Texas in 2020 and he was working as an Uber driver for some extra cash. On July 25, after he dropped off a passenger, he found himself in the midst of a Black Lives Matter protest where at least two protesters were armed. We'll hear from Perry in his own words about that incident, but he ended up fatally shooting Garrett Foster. Foster approached Perry's car window while open carrying a loaded AK47. Perry and Foster are both white males and both veterans. Perry was later charged with murder by a liberal George Soros backed DA named Jose Garza. Perry was convicted of murder in April of 2023 and a year after that, in May of 2024, Governor Greg Abbott of Texas issued a full pardon to Perry and he called out Garza for what he said were politically motivated actions.

[John Bickley]

So a dramatic turn of events for Perry. Let's start from the beginning. What did Perry tell you about the night of the incident?

[Amanda Prestigiacomo]

He told me that he had no intention of ending up near the protest. And when he realized he was by a crowd of people, he stopped his vehicle. Here's what he says happened from there.

[Daniel Perry]

A guy jumped in front of my vehicle so I couldn't drive any further, and somebody threw a water bottle my windshield. That's when I hocked my horn. They start rocking and shaking my car and banging on the fist and kicking it. And the guy approached me with an AK47 and he motioned me to roll my windows down. And at this point in time, I'm kind of in a state of shock. And I complied with him. I don't know why I complied with him, but I complied, wrote my wound is down. He said something that was completely muffled. I had no idea what he was saying. And then he takes two steps back and he points, starts raising the barrel of his AK47 at me. And my body reacted on its own. I grabbed my revolver and I shot him.

[Amanda Prestigiacomo]

Perry said he sped away to try to get to safety and he heard gunshots going off behind him. There was a second shooter in the crowd, but Perry said he thought he had missed Foster and Foster was now trying to kill him. The second shooter left three bullet holes in Perry's vehicle. He's been identified by authorities and they've determined that he acted criminally. But Perry told me that the DA's office has refused to prosecute him following the incident. He was seeking help to cope with the trauma of what he experienced and he was trying to move on with his life. He never thought he would be charged with murder since he said he clearly acted in self defense. But that all changed. He started to receive death threats over the incident, and he told me that the army stationed him in Alaska to protect his safety. At the same time, Perry said Garza was campaigning for DA on getting justice for Foster. Garza was elected and then secured an indictment against Perry. At that time, Perry's defense said that the indictment was politically motivated and unusual since they were unable to present a written presentation to the grand jury. I asked Perry how he was feeling going into the trial.

[Daniel Perry]

Honestly, I felt like the justice system was going to work in my favor because I believe I did nothing wrong, you know, but at the back of my mind, I believe that the DA was going to tip the scales and put me out at a slight disadvantage.

[Amanda Prestigiacomo]

The Trial was controversial. In one instance, a juror printed out outside research and then presented it to fellow jurors. The defense sought a new trial over that and other issues, but the judge agreed with prosecution that the juror's actions were okay. In another controversy, the lead investigator on the case, Brent Fugit, testified that Garza's office tampered with him as a witness. He said he was ordered to remove all exculpatory evidence that would have helped Perry.

[Daniel Perry]

I had no idea that the jury instruction was going to be as complicated as they were going to be. And I had no idea that there was jury members bringing in outside information to the trial to use it to change the mind of the other members of the jury also had no idea about the witness tampering. They also did not allow the police support in my trial, and they did not allow the lead detective to give his professional opinion about my case.

[Amanda Prestigiacomo]

Perry was convicted on April 8, 2023, for the murder of Foster, and he was later sentenced to 25 years behind bars.

[Daniel Perry]

I felt like I was betrayed by the American people, even though that's not really true. It was just c Austin and that I was never going to see my parents again alive. I broke up with my fiance because I thought I was never going to see her again. I told her that I cannot provide her with the family that he deserved. She needed to move on and find somebody that can be, you know, her husband and, you know, help her raise a family. And that was the hardest thing I ever had to do.

[Amanda Prestigiacomo]

After Perry was convicted, Governor Abbott announced that he would be asking the Texas Parole Board to review Perry's case. And if a recommendation was made, he would move swiftly to give Perry a full pardon. Abbott said. This is a quote, 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. Perry spent 13 months behind bars before Abbott received the go ahead from the board to grant that full pardon. Texas AG Ken Paxton said that justice had prevailed in reaction to the pardon. And he said Soros backed prosecutors like Jose Garza. Do not get to pick and choose the rights Americans have. Perry, who is Jewish, said that it was his faith in God that got him through.

[Daniel Perry]

I felt that God has answered my prayers. I don't know many prayers by health, but I did the shema three times a day. And then a few days later, I found out that, you know, the governor actually said that about me and actually brought me hope. I felt like I was blessed, to be honest.

[Amanda Prestigiacomo]

Perry told Me that Garza and the DA's office have taken actions against him that he feels are both politically motivated and personal. In one instance, Perry believes Garza's office was behind the push to get him a less than honorable discharge from the military.

[Daniel Perry]

The district attorney got involved with my discharge process to ensure that I wouldn't get an honorable discharge. I wish I still had a copy of my discharge packet. There was a letter with the official district attorney of Travis county letterhead on it stating that the government statements about me being innocent was just political and that I am back a convicted murderer. He won the conviction. He didn't have to take the extra step to make sure that all my military benefits would be stripped away from me and sold my rank. So my unit, they tried the hardest to make sure that I would stay in, that there was a place for me to return. But the army legal office got involved and took it out of their hands.

[Amanda Prestigiacomo]

Court documents were also unsealed showing private messages on Perry's phone after Governor Abbott signaled that he was looking to issue a pardon. At the time, Perry's defense called that move a political decision by the district attorney. Some of the private messages discuss guns and shooting protesters if they were to attack Perry. And other messages were racial in nature and, by Perry's own description, offensive. Perry says the messages were mostly between himself and his military buddies, some of whom are black, and they were taken out of context. He also believes that releasing those messages was an act of retaliation.

[Daniel Perry]

We don't see race in the military. We all agree the same, and we all are best friends, you know, and we see something funny, doesn't matter how bad it is, you know, we share with each other, you know, so if you ever were able to sit in a room full of active duty soldiers and, you know, the conversations they have on the board, a lot of people be offended, except for other soldiers or veterans. We like dirty jokes in the military. We like offensive jokes in the military.

[Amanda Prestigiacomo]

As we noted at the top, Perry has not spoken to the media about the incident or the pardon until now. He told me that he's only speaking to the Daily Wire because he thinks Garza is unjustly prosecuting others for political reasons. Notably, Garza has indicted more than 20 Austin police officers for their actions during the violent 2020 BLM riots.

[Daniel Perry]

I am completely terrified, and I'm worried that they might retaliate. That's because I'm talking to you guys. But if nobody speaks up against the injustice that he's bringing, nobody's going to hear my story and more officers and more lawful abiding citizens will faces wrath. I'm not his only victim.

[Amanda Prestigiacomo]

Perry specifically brought up the prosecution of Austin police officer Christopher Taylor. Taylor was convicted of deadly conduct back in October and that case is highly controversial too.

[Daniel Perry]

He got three hung juries and then they didn't indict him a fourth time. So they decided to pursue another shooting he was involved in that happened at your prior with an armed man that was armed for night. And based on reports I've seen on the news, the jury's justification for convict him is 5ft is plenty of distance for a police officer to de escalate situation for guy going through a mental breakdown for knife and he should be getting sentenced in December.

[Amanda Prestigiacomo]

Taylor's defense attorney said online that he's never seen a more clear cut self defense case involving an officer. And he posted during jury deliberations and this is a quote, the jury must be improperly considering the other unproven allegations made by the same anti police da. Now Perry is still facing one misdemeanor charge in connection to Foster's death, a deadly conduct charge that's punishable by up to one year behind bars. But he closed our interview by telling me that he feels he has nothing to lose by speaking out about Garza.

[Daniel Perry]

My reputation is already ruined. My career is already ruined. The only thing they could take away from me is maximum some jail time. You know, worst comes to worse, but I don't see they could take any more away from me.

[Amanda Prestigiacomo]

Perry's next hearing is scheduled for December.

[John Bickley]

We'll certainly be watching that with interest. Meanwhile, Amanda, thank you so much for sitting down with Perry and bringing us this report.

[Amanda Prestigiacomo]

Yeah, of course. There's been a lot about the other side. It's good to hear from Perry himself.

[John Bickley]

Yeah, it certainly is. That was Daily Wire reporter Amanda Prestigiacomo interviewing Daniel Perry. And this has been a Sunday edition of Morning Wire.