A sergeant who was sentenced in May to 25 years in prison for fatally shooting a Black Lives Matter protester in Texas is still in the Army, according to the service.
Daniel Perry fatally shot Garrett Foster during an Austin protest in July 2020. The law firm representing Perry told Military.com it is aiming to keep him in the Army pending a military separation board decision or a pardon from Texas Gov. Greg Abbott.
Garrett, an Air Force veteran who was carrying an AK-47 rifle, was protesting the Minneapolis Police killing of George Floyd when Perry shot him with a handgun. Both Perry and Foster are white and were legally carrying their weapons at the time of the shooting, according to the Texas Tribune.
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“Sgt. Perry's current duty status is in civilian confinement and is pending separation from the Army,” Bryce Dubee, a service spokesperson, told Military.com on Thursday, adding that Perry is not getting paid by the military and his status in the Army is administrative.
After he was convicted in April, the Army said it reviewed the evidence released by the Travis County District Court where Perry was tried and sent the information to the service's Criminal Investigation Division “to conduct an independent review of the allegations contained within the document,” Dubee told Military.com before Perry's sentencing in May.