Abbott being Abbott

[HenryJames 65,253]

Exclusive: Austin police officials drafted letter advocating for Daniel Perry's pardon

Tony Plohetski

Austin American-Statesman

 

Spoiler

Exclusive: Austin police officials drafted letter advocating for Daniel Perry's pardon

 

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Days before Gov. Greg Abbott pardoned Daniel Perry for killing a Black Lives Matter protester, the Austin Police Department drafted a two-page letter to state officials advocating that Perry be freed.

The document, on departmental letterhead, echoes the belief of the lead investigator in the case that the prosecution of Perry in the shooting death of Garrett Foster was based on “conjecture,” “innuendo” and a “character assassination” of Perry, who wrote racist and threatening social media posts.

 

The draft, obtained by the American-Statesman and KVUE-TV on Tuesday, bears the signatory of interim police chief Robin Henderson.

The letter rejects the guilty verdict of a Travis County jury a year earlier and reiterates the department’s finding that the shooting was justified, adding “Mr. Perry should have never been charged.”

 

The department was poised to send the document to the Texas Board of Pardons and Paroles a day before Gov. Greg Abbott granted clemency to Perry last week. But Henderson said in a statement Tuesday to the Statesman that "ultimately the drafted letter was not submitted. After discussions with city leadership, as is standard in certain situations, I decided not to submit the letter."

More:Gov. Greg Abbott announces he will push to pardon Daniel Perry after murder conviction

 

Still, the draft letter represents a highly unusual move by the department in a case marked by extraordinary developments.

It offers a deeper insight, extending beyond that of the lead investigator in the case, into how the department more broadly views evidence in the shooting, which polarized much of the community and further splintered the relationship between police and prosecutors.

It adds that although retired Detective David Fugitt, who has vigorously fought on Perry’s behalf, determined that the June 2020 shooting was justified, the department as an organization supports that finding as well. 

 

“As law enforcement officers, we are bestowed the honorable duty to investigate, collect and provide complete and honest unbiased facts to the citizens of this state,” the letter stated. “This unbiased collection and presentation of evidence must be conducted separate from political and emotional influence. 

“This duty is not taken lightly and is essential for justice to occur in order for the public to maintain trust in a system that is designed to protect the innocent while at the same time holding those who violate the law accountable,” the document stated.

 

The letter concluded by saying that the department’s homicide unit, including its supervisors, and Henderson believe that the shooting, which Perry contends happened when Foster raised an assault rifle at him, was a “justifiable homicide.”

“We collectively feel that for justice to be served, a full pardon and restoration of his firearm rights should be granted to Mr. Perry,” the letter concluded.

 

Draft letter sparks reaction

In a statement, Travis County District Attorney Jose Garza said that during Perry's trial, a jury heard evidence that Perry's attack was "deliberate and premeditated." He added that Austin police did not investigate the certain facts of the case -- although his statement did not elaborate -- and he added that Henderson did not attend the trial.

 

"Had she been at the trial, she would have known that Mr. Perry had a full and fair opportunity to argue the killing was in self-defense and that after deliberate consideration, the jury did not find that it was in self-defense," Garza said.

He added: "I am grateful for the service of the jury members, and unlike the interim chief of police, I believe that jury service is a foundation of our criminal justice system, and their verdict should not be disturbed."

 

Mayor Kirk Watson said in a statement that whether the department sent the letter is "irrelevant.

"This is not an appropriate role for the Austin Police Department, and those words have no place on official letterhead," he said.

Interim Assistant City Manager Bruce Mills said in a statement released by the city, "We support the chief's decision not to send the letter. Clearly, the draft letter is outside the police department's role."

 

Whitney Mitchell, Foster's fiance, said in an interview with the Statesman on Tuesday that she has struggled repeatedly since the night of the shooting and that her feelings have been intensified by the lead-up and granting of the pardon.

"I don't know how to really live with this," she said. "And it makes me feel like I don't feel safe. I don't feel safe being here."

 

A case outside the norm

The department began drafting the letter last week after receiving an inquiry from the pardons and parole board into whether it wished to provide input on Perry’s proposed clemency.

It is not clear who in the department authored the letter.

The department typically does not advocate during a pending parole or pardon review. It is not unusual, however, for individual detectives to write letters concerning an inmate's possibility for parole, and generally, to argue against release.

 

But Perry’s case has tested norms in the law enforcement and criminal justice community from its earliest days. 

The shooting happened downtown after Perry, who was stationed at Fort Cavazos as an Army sergeant but was in Austin to drive for a ride-share company, turned his car into a street crowded with protesters. 

Foster, who was armed with an AK-47, saw himself as a protector of fellow protesters. The case centered on whether Perry shot in self-defense, a claim the jury rejected, or whether he provoked the shooting. The Austin police letter noted that the departmental investigation found that Perry had the right to be on a public roadway and did not provoke the “armed encounter.”

 

In the months before trial, Perry’s attorneys tried unsuccessfully to have the case dismissed, citing statements from Fugitt that prosecutors edited his presentation to a grand jury to exclude evidence supporting Perry’s self-defense claims. 

By law, prosecutors do not have an obligation to present favorable evidence to a grand jury, state district Judge Cliff Brown ruled. Dismissing an indictment would require "egregious conduct," and Brown said he did not see.

 

A day after the April 2023 verdict, following calls from far-right conservatives, Abbott said on social media that he would pardon Perry after receiving a legally required recommendation from the seven-member board he appoints.

That week, Brown ordered a trove of social media posts that were excluded during trial to be unsealed. Those posts include messages that Perry “might go to Dallas and shoot looters” and “it is official that I am racist because I do not believe in people acting like monkeys.”

 

The messages also show that he had on-line conversations with a 16-year-old girl in which he told her not to send nude photographs of herself until she was “of age” and to “come up with a reason why I should be your boyfriend.”

The Austin Police Department’s letter does not address Perry’s social media posts. 

The Statesman reported in February that the board had begun a more extensive review of the case and had received a presentation from Fugitt. 

 

Editorial:Texas Gov. Greg Abbott pardoned Daniel Perry and shifted the rule of law | Editorial

The department’s letter said that it consulted heavily with Fugitt, who it said is an expert in homicide investigations and has participated in hundreds of cases during his career, in writing the letter.

“In all fairness, the district attorney’s office and the judge and the Travis County sheriff’s office were all afforded the opportunity to write a letter, and it was my stance that APD should provide one as well,” Fugitt, who now works in the prosecutor assistance unit handling capital murder cases for Texas Attorney General Ken Paxton, told the Statesman.

 

Neither Brown nor the sheriff’s office wrote a letter.

The day after the department decided not to send the letter, the pardons board recommended Perry’s clemency for Perry and a restoration of his gun rights. In a two-hour span, Abbott granted the pardon, and Perry was released from a prison near Houston.

Perry’s attorney, Doug O’Connell, said in a statement that “Daniel is optimistic about his future. He wishes that this tragic event never happened.”

 

[Brisketexan 103,515]

1 minute ago, HenryJames said:

Exclusive: Austin police officials drafted letter advocating for Daniel Perry's pardon

Tony Plohetski

Austin American-Statesman

 

  Hide contents

Exclusive: Austin police officials drafted letter advocating for Daniel Perry's pardon

 

0:00

2:05

AD

Days before Gov. Greg Abbott pardoned Daniel Perry for killing a Black Lives Matter protester, the Austin Police Department drafted a two-page letter to state officials advocating that Perry be freed.

The document, on departmental letterhead, echoes the belief of the lead investigator in the case that the prosecution of Perry in the shooting death of Garrett Foster was based on “conjecture,” “innuendo” and a “character assassination” of Perry, who wrote racist and threatening social media posts.

 

The draft, obtained by the American-Statesman and KVUE-TV on Tuesday, bears the signatory of interim police chief Robin Henderson.

The letter rejects the guilty verdict of a Travis County jury a year earlier and reiterates the department’s finding that the shooting was justified, adding “Mr. Perry should have never been charged.”

 

The department was poised to send the document to the Texas Board of Pardons and Paroles a day before Gov. Greg Abbott granted clemency to Perry last week. But Henderson said in a statement Tuesday to the Statesman that "ultimately the drafted letter was not submitted. After discussions with city leadership, as is standard in certain situations, I decided not to submit the letter."

More:Gov. Greg Abbott announces he will push to pardon Daniel Perry after murder conviction

 

Still, the draft letter represents a highly unusual move by the department in a case marked by extraordinary developments.

 

It offers a deeper insight, extending beyond that of the lead investigator in the case, into how the department more broadly views evidence in the shooting, which polarized much of the community and further splintered the relationship between police and prosecutors.

It adds that although retired Detective David Fugitt, who has vigorously fought on Perry’s behalf, determined that the June 2020 shooting was justified, the department as an organization supports that finding as well. 

 

“As law enforcement officers, we are bestowed the honorable duty to investigate, collect and provide complete and honest unbiased facts to the citizens of this state,” the letter stated. “This unbiased collection and presentation of evidence must be conducted separate from political and emotional influence. 

“This duty is not taken lightly and is essential for justice to occur in order for the public to maintain trust in a system that is designed to protect the innocent while at the same time holding those who violate the law accountable,” the document stated.

 

The letter concluded by saying that the department’s homicide unit, including its supervisors, and Henderson believe that the shooting, which Perry contends happened when Foster raised an assault rifle at him, was a “justifiable homicide.”

“We collectively feel that for justice to be served, a full pardon and restoration of his firearm rights should be granted to Mr. Perry,” the letter concluded.

 

Draft letter sparks reaction

In a statement, Travis County District Attorney Jose Garza said that during Perry's trial, a jury heard evidence that Perry's attack was "deliberate and premeditated." He added that Austin police did not investigate the certain facts of the case -- although his statement did not elaborate -- and he added that Henderson did not attend the trial.

 

"Had she been at the trial, she would have known that Mr. Perry had a full and fair opportunity to argue the killing was in self-defense and that after deliberate consideration, the jury did not find that it was in self-defense," Garza said.

He added: "I am grateful for the service of the jury members, and unlike the interim chief of police, I believe that jury service is a foundation of our criminal justice system, and their verdict should not be disturbed."

 

Mayor Kirk Watson said in a statement that whether the department sent the letter is "irrelevant.

"This is not an appropriate role for the Austin Police Department, and those words have no place on official letterhead," he said.

Interim Assistant City Manager Bruce Mills said in a statement released by the city, "We support the chief's decision not to send the letter. Clearly, the draft letter is outside the police department's role."

 

Whitney Mitchell, Foster's fiance, said in an interview with the Statesman on Tuesday that she has struggled repeatedly since the night of the shooting and that her feelings have been intensified by the lead-up and granting of the pardon.

"I don't know how to really live with this," she said. "And it makes me feel like I don't feel safe. I don't feel safe being here."

 

A case outside the norm

The department began drafting the letter last week after receiving an inquiry from the pardons and parole board into whether it wished to provide input on Perry’s proposed clemency.

It is not clear who in the department authored the letter.

The department typically does not advocate during a pending parole or pardon review. It is not unusual, however, for individual detectives to write letters concerning an inmate's possibility for parole, and generally, to argue against release.

 

But Perry’s case has tested norms in the law enforcement and criminal justice community from its earliest days. 

The shooting happened downtown after Perry, who was stationed at Fort Cavazos as an Army sergeant but was in Austin to drive for a ride-share company, turned his car into a street crowded with protesters. 

Foster, who was armed with an AK-47, saw himself as a protector of fellow protesters. The case centered on whether Perry shot in self-defense, a claim the jury rejected, or whether he provoked the shooting. The Austin police letter noted that the departmental investigation found that Perry had the right to be on a public roadway and did not provoke the “armed encounter.”

 

In the months before trial, Perry’s attorneys tried unsuccessfully to have the case dismissed, citing statements from Fugitt that prosecutors edited his presentation to a grand jury to exclude evidence supporting Perry’s self-defense claims. 

By law, prosecutors do not have an obligation to present favorable evidence to a grand jury, state district Judge Cliff Brown ruled. Dismissing an indictment would require "egregious conduct," and Brown said he did not see.

 

A day after the April 2023 verdict, following calls from far-right conservatives, Abbott said on social media that he would pardon Perry after receiving a legally required recommendation from the seven-member board he appoints.

That week, Brown ordered a trove of social media posts that were excluded during trial to be unsealed. Those posts include messages that Perry “might go to Dallas and shoot looters” and “it is official that I am racist because I do not believe in people acting like monkeys.”

 

The messages also show that he had on-line conversations with a 16-year-old girl in which he told her not to send nude photographs of herself until she was “of age” and to “come up with a reason why I should be your boyfriend.”

The Austin Police Department’s letter does not address Perry’s social media posts. 

The Statesman reported in February that the board had begun a more extensive review of the case and had received a presentation from Fugitt. 

 

Editorial:Texas Gov. Greg Abbott pardoned Daniel Perry and shifted the rule of law | Editorial

The department’s letter said that it consulted heavily with Fugitt, who it said is an expert in homicide investigations and has participated in hundreds of cases during his career, in writing the letter.

“In all fairness, the district attorney’s office and the judge and the Travis County sheriff’s office were all afforded the opportunity to write a letter, and it was my stance that APD should provide one as well,” Fugitt, who now works in the prosecutor assistance unit handling capital murder cases for Texas Attorney General Ken Paxton, told the Statesman.

 

Neither Brown nor the sheriff’s office wrote a letter.

The day after the department decided not to send the letter, the pardons board recommended Perry’s clemency for Perry and a restoration of his gun rights. In a two-hour span, Abbott granted the pardon, and Perry was released from a prison near Houston.

Perry’s attorney, Doug O’Connell, said in a statement that “Daniel is optimistic about his future. He wishes that this tragic event never happened.”

 

Blah blah blah, the police know better than the people, so the people had best shut up and take their beating.

We know this, dudes.

[bolverk 29,036]

Fuggitt, the APD detective who argued for Perry's exoneration, works for Paxton now.

Quelle surprise. 

[Bozo_Casanova 25,822]

Not sure how a department that can’t be bothered to enforce something as simple as the camping ban has jury verdicts in their line of sight, but life is full of surprises I suppose. 

Edited May 21 by Bozo_Casanova

[Dbeasy 14,756]

[tx 3 putt 75,233]

Was dip shit in Uvalde today ?

[C-Man 26,617]

1 hour ago, tx 3 putt said:

Was dip shit in Uvalde today ?

Uvalde? Is that in Mexico?

[atomheartbevo 88,913]

6 hours ago, tx 3 putt said:

Was dip shit in Uvalde today ?

[Bojack 2,019]

APD: Never missing an opportunity to put their thumb in the eye of the community they're supposed to serve. 

[High Plains Drifter 10,930]

On 5/21/2024 at 6:02 PM, HenryJames said:

“As law enforcement officers, we are bestowed the honorable duty to investigate, collect and provide complete and honest unbiased facts to the citizens of this state,” the letter stated. “This unbiased collection and presentation of evidence must be conducted separate from political and emotional influence. 

 

 

HAHAHAHAHAHAHA

 

 

[Satchel 6,901]

Abbott was featured on 60 Minutes. His loathsomeness came through quite nicely during his segment.

[GreenspointTexas 9,376]

So if we are gonna do Vouchers soon, can I get money back for other social services that I pay for but dont elect to receive?

[atomheartbevo 88,913]

6 hours ago, GreenspointTexas said:

So if we are gonna do Vouchers soon, can I get money back for other social services that I pay for but dont elect to receive?

All those wheelchair ramps and other accessibility features around the Governor’s mansion - most of us aren’t using them.

[TexPx 2,282]

So if we are gonna do Vouchers soon, can I get money back for other social services that I pay for but dont elect to receive?

I plan to invoke my Sovereign Citizen rights.
Taxation is Theft!

[Gil Bang 25,551]

1 minute ago, TexPx said:

I plan to invoke my Sovereign Citizen rights.
Taxation is Theft!

I'M NOT DRIVING...I'M TRAVELING!!!

[Satchel 6,901]

Democratic attorneys general urge DOJ to investigate killer pardoned by Greg Abbott

https://www.yahoo.com/news/democratic-attorneys-general-urge-doj-211206161.html

[pacman 7,229]

 

Typical misleading post from Abbott. Ambiguous, subjective law on who van and can not receive curbside voting services. Onsite staff trained in law determine voters are eligible. Judge months later disagrees.

[jimmyjazz 45,162]

It's interesting, Greg Abbott has been Governor for over 9 years, and he and his Republican cohorts have been yapping about "fixing" voter fraud the whole time.  Why not fixed?

[tx 3 putt 75,233]

1 minute ago, jimmyjazz said:

It's interesting, Greg Abbott has been Governor for over 9 years, and he and his Republican cohorts have been yapping about "fixing" voter fraud the whole time.  Why not fixed?

there isn’t voter fraud until an R loses an election 

[jimmyjazz 45,162]

2 minutes ago, tx 3 putt said:

there isn’t voter fraud until an R loses an election 

True.  Plus, they've been swamped building the wall.

[tchookem 3,895]

It's interesting, Greg Abbott has been Governor for over 9 years, and he and his Republican cohorts have been yapping about "fixing" voter fraud the whole time.  Why not fixed?

Texas Republicans have been fixing public education for 30 years.... these things take time.

[SubliminalHorn 6,377]

8 hours ago, jimmyjazz said:

True.  Plus, they've been swamped building the wall.

And ending rape. What else do you want?

[4th&Five 41,111]

 

[Al Bundy's Napoleon Hand 13,406]

Trump just literally hosted a LIV event at his Doral course.

[WithoutAClue 14,991]

[Post Oak 20,092]

Greg wants to give more money to O&G.

 

[mdmost 42,316]

Well, better more new natural gas plants than new coal ones. 

[speed817 18,826]

 

[Pancho 42,232]

People in Houston still without electricity. 
 

Response of Hot wheels:

 

[atomheartbevo 88,913]

45 minutes ago, speed817 said:

 

And rather than doing positive things that would help other people who have had problems in life and ending up with parks and schools named after him, he and his cronies are rushing to make things harder on a lot of people.

Greg didn't learn a single fucking thing from the accident, and that was evident when he helped make it hard for people in his situation to collect the same amount of money he did (which he has never returned).

[Evil Bill Obrien 2,914]

1 hour ago, speed817 said:

 

Learned his lesson and now stays as far away from possible from falling trees…least one finishes the job 

[tx 3 putt 75,233]

3 hours ago, speed817 said:

 

he abused the law system then made sure no one could do the same 

 

fuck him, piece of shit human being 

[Satchel 6,901]

5 hours ago, Pancho said:

People in Houston still without electricity. 
 

Response of Hot wheels:

 

Yep. Registered Republicans can be dangerous.

[NeverMarryAStripper 21,765]

We freeze in the dark

We melt in the heat

Our power grid will not work

Our state leaders are sacks of shit

[Jive Turkey 12,323]

 

[Updawg 2,245]

 

Well he’s probably right. It would have been a shitshow whether he was here or not

[YGIFS 19,445]

13 minutes ago, Jive Turkey said:

 

'No unmet needs'?  He said that?  That's gonna go right up there with "Things could have been worse."  This used to be a cruel asshole, but he spoke in a measured matter.  Every since Huffhines and Covid, the shit that comes out of his mouth...even Dan Patrick is like, "Dude, are you okay?"  

[NeverMarryAStripper 21,765]

At least he realizes that he’s completely useless

[Chad Fuck 17,301]

At least he realizes that he’s completely useless

The problem is the people of Texas don’t.

[TwiceHorn 30,834]

On 6/9/2024 at 12:53 AM, jimmyjazz said:

It's interesting, Greg Abbott has been Governor for over 9 years, and he and his Republican cohorts have been yapping about "fixing" voter fraud the whole time.  Why not fixed?

It's actually quite difficult to fix something that doesn't exist.  It's kind of a moving target.

[elfenix 34,075]

Quote

Decades later, Abbott campaigned to install tort reform curtailing "frivolous" lawsuits and succeeded. Abbott's critics claimed that he helped usher in a Texas significantly less friendly to plaintiffs seeking damages like the ones Abbott won. Looking back on the case 40 years later, Don Riddle, Abbott's personal injury lawyer at the time, agrees that Texas has changed.

https://www.chron.com/politics/article/greg-abbott-tree-lawsuit-explained-19574621.php

[Satchel 6,901]

 

[tx 3 putt 75,233]

Wish she’d go out there and greet them. Hand out water and snacks 

[South Austin 51,564]

What an absolute hateful fuckstick using human beings for his political theater. Spineless mother fucker.

[YGIFS 19,445]

J.D. Vance is hogging up all the snacks.  Didn't you see his last $50,000 fundraising ad backstage?  

I don't like their approach, but wanting non-border states to participate in housing these undocumented folks is at least something I can wrap my head around.  But an aide brings Gov. Abbott a list of ten cities close to Texas that have resources for these folks; which can either house them or detain them, until they can be sent back home in a humane fashion.  

So Gov. Abbott says, "These are all criminals, rapists, and gang members.  I won't send them to Louisiana, Arkansas, or Oklahoma...those are my friends.  These are bad people so let's send them to a highly sensitive U.S. Naval facility which houses some of the most delicate navigation and scientific instrumentation and data in the world.  And oh yeah, the current VP and candidate for POTUS also lives there, so it would be a triple-dangerous situation to just leave all those bad people there, perfect.  

Staffer, "Uhhh?  Da fuh?"

[jimmyjazz 45,162]

Just the lowest form of humanity.  If there's a hell, I envision Greg with the Sisyphus sentence, but he's rolling that stone up the mountain in a wheelchair, all the while getting pelted by tree limbs.

[Nivek 16,665]

 

Democratic Party members should respond by opening up a pop up shop to sell AR15s (from citizen to citizen) with scopes near the governor’ mansion.

[Paper_jam 827]

How does this order have legal effect unless it's actually passed as a bill into law? What authority does Abbott have to just demand hospitals, especially private ones, do stuff like this? Or does Abbott know it's not actually legal, and just not care, because it makes his base happy?

Abbott orders hospitals send state info on undocumented migrants

https://www.kxan.com/news/texas/abbott-orders-hospitals-send-state-info-on-undocumented-migrants-they-treat/

[tx ind 6,872]

Um, HIPAA? 

[tx 3 putt 75,233]

1 hour ago, Paper_jam said:

How does this order have legal effect unless it's actually passed as a bill into law? What authority does Abbott have to just demand hospitals, especially private ones, do stuff like this? Or does Abbott know it's not actually legal, and just not care, because it makes his base happy?

Abbott orders hospitals send state info on undocumented migrants

https://www.kxan.com/news/texas/abbott-orders-hospitals-send-state-info-on-undocumented-migrants-they-treat/

Matthew 14:13