AUSTIN (KXAN) — Attorneys for former Army Sergeant Daniel Perry — who was convicted last month of murdering Garrett Foster during a Black Lives Matter protest in downtown Austin in 2020 — were denied a motion for a new trial Wednesday in court.
Sentencing for Perry will begin in court at 9 a.m., Tuesday, May 9.
Pushing for a new trial, Perry’s attorneys said they believed evidence was left out that would prove Perry was not the initial aggressor in the murder of Foster.
Perry’s attorneys filed a motion for a new trial less than a week after Perry’s conviction last month.
They requested the new trial based upon grounds of excluded evidence, court documents said. The defense team stated in the documents it attempted to introduce evidence to show Foster’s motive, state of mind and intent.
During the hearing Wednesday in court, the defense said outside influence may have been a factor with a juror during the deliberation period, which lasted 16-17 hours over nearly two days.
However, the court did not find any violation and denied the motion for a new trial.
Perry faced one count of murder and another count of aggravated assault with a deadly weapon after the deadly shooting of Garrett Foster in the streets of downtown Austin on July 25, 2020. While he was found guilty of murder, the jury found that he was not guilty of the aggravated assault charge.
A day after Perry’s conviction, Governor Greg Abbott called for his pardon, saying in a tweet he was “working as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”
Texas’ pardon process starts with the Texas Board of Pardons and Paroles. The board can submit a pardon recommendation to the governor, who then can approve the pardon.