No Retrial for Daniel Perry in 2020 Texas Protest Shooting.

Texas Judge Denies Retrial for Army Sergeant Convicted of Killing Protester

In a controversial case that has sparked national debate, a Texas judge has denied a retrial for U.S. Army Sergeant Daniel Perry, who was convicted of murder after fatally shooting an armed protester during a Black Lives Matter demonstration in Austin last year. Perry’s legal team had argued that key evidence was not presented and that the jury was influenced by outside factors, but the judge rejected their motion after a brief hearing.

During the original trial, Perry’s lawyers claimed that protesters had surrounded his car and that the victim, Garrett Foster, had raised his AK-47-style rifle at Perry. However, prosecution witnesses testified that they did not see Foster raise his weapon, and the jury ultimately ruled unanimously that Perry was guilty.

Perry now faces up to life in prison, with his sentencing hearing scheduled for May 9. His attorneys had sought to introduce evidence showing that Foster had previously intimidated cars on public streets, arguing that he was the “aggressor” in the fatal encounter. However, the judge’s decision means that Perry’s conviction will stand.

Travis County District Attorney José Garza expressed support for the verdict, saying that his office “continues to stand by the jury’s unanimous decision.” Meanwhile, Perry’s attorney Clinton Broden declined to comment on the retrial motion, stating that they are now focused on preparing for the sentencing hearing.