AUSTIN, Texas - A mistrial has been declared in the deadly conduct trial of Daniel Perry.
What we know:
Travis County Judge Carlos Barrera had mentioned the possibility of a mistrial due to jurors being told they would only need to be available until Wednesday.
Prosecutors say they need until Friday to present the case.
According to FOX 7 Austin's Meredith Aldis, Barrera said whoever from the clerk's office came up with the three-day timeline needs to be fired.
The backstory:
A man who was previously pardoned by the Governor after being convicted of murder, was back in Travis County Court Monday for a misdemeanor charge related to the same incident.
Daniel Perry shot and killed ‘Black Lives Matter’ protestor, Garrett Foster in 2020. He still faces a deadly conduct charge.
RELATED COVERAGE: Daniel Perry still faces misdemeanor deadly conduct charge after full pardon
About three years ago, former Army Sergeant Perry was on trial for the murder of Foster in 2020.
Perry was working as a ride-share driver then when he turned his car onto a street crowded with demonstrators, and shot Foster, who was legally carrying an AK-47, before driving off.
Perry’s defense attorney claimed he acted in self-defense.
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Daniel Perry pardoned to be reversed?
Travis County District Attorney Jose Garza says his office will be filing to reverse Texas Gov. Greg Abbott's pardon of former Army Sgt. Daniel Perry, who was convicted of murder in the July 2020 death of Garrett Foster.
"It's very, very reasonable for him to have perceived that that barrel was pointed at his body and he only had fractions of seconds of time to react," Perry’s attorney, Doug O’Connell said.
"My own child was killed on Austin soil for doing nothing but practicing his First and Second Amendment rights," Foster’s mother, Sheila Foster, said.
A jury found Perry guilty. He was sentenced to 25 years in prison.
In May 2024, Gov. Greg Abbott pardoned Perry and said 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.’
The following month, Travis County DA Jose Garza announced plans to file a writ of mandamus with the Court of Criminal Appeals to reverse Abbott's pardon.
What's next:
Perry still faces a misdemeanor charge. It is related to traffic violations, not Foster’s death.
In the indictment, the County Attorney’s Office said Perry engaged in reckless behavior that placed demonstrators walking along Congress Avenue in ‘imminent danger of serious bodily injury.’ The accusations include texting while driving, failing to come to a complete stop before turning right on a red light, turning into an intersection with pedestrians in the crosswalk, and driving into a crowd.
The maximum punishment is a year in jail. Perry has already served more than that.
The new trial date is set for October 19 and 75 jurors, instead of 50, will be called.
The Source: Information in this report comes from reporting by FOX 7 Austin's Meredith Aldis and previous reporting by FOX 7 Austin.