APD interim chief drafted letter in support of pardon for Daniel Perry

AUSTIN (KXAN) — Austin Interim Police Chief Robin Henderson drafted a letter to the Texas Board of Pardons and Paroles asking the board to pardon a man convicted of shooting and killing a protester in downtown Austin in 2020.

The letter was "ultimately" not submitted to the board, Henderson said in a quote provided to KXAN by a spokesperson.

"Ultimately the drafted letter was not submitted. After discussions with City leadership, as is the standard in certain situations, I decided not to submit the letter," Henderson said.

Daniel Perry was found guilty of murder by a jury in April 2023 and later sentenced to 25 years in prison. The Texas Board of Pardons and Paroles voted unanimously to grant a full pardon and restore gun rights to Perry on May 16.

Texas Gov. Greg Abbott signed the proclamation granting the pardon soon after the board's decision. Abbott requested the board review Perry's case in April 2023.

"Mr. Perry should have never been charged and was deprived of his due process right," Henderson wrote in the letter.

Perry admitted to shooting Garrett Foster while driving an Uber in downtown Austin during a demonstration in July 2020. Foster was armed at the time, and Perry’s attorneys argued the shooting was in self-defense.

The Texas Department of Criminal Justice confirmed on May 16 that Perry is no longer in state custody.

"...For justice to be served, a full pardon and restoration of his firearm rights should be granted to Mr. Perry," Henderson wrote.

Court records show Perry has a pending misdemeanor charge of deadly conduct connected with the case.