AUSTIN, Texas — Sgt. Daniel Perry, a rideshare driver convicted of murdering armed protester Garrett Foster, was sentenced to 25 years in prison Wednesday morning.
Following about six hours of testimony from family members and experts on Tuesday, Judge Clifford Brown sentenced Perry on Wednesday, May 10.
According to KVUE Senior Reporter Tony Plohetski, Perry remains subject to a possible pardon by Gov. Greg Abbott following his sentencing. Abbott has previously said that the Texas Board of Pardons and Paroles should recommend a pardon in Perry's case.
Whitney Mitchell, Foster's longtime partner, took the stand on Tuesday. While she and Foster weren't married yet, she considered him her husband. He served as a constant presence in her life. When she lost her arms and legs to sepsis, he served as her caregiver.
Mitchell described what her life is like without Foster. He would help her with daily tasks like washing her face, eating and getting ready for bed.
"It's hard to sleep in my bed because he's not there," Mitchell said. "To have to learn how to do all of that stuff that Garrett was doing for me for a decade, and it's hard because I have to get comfortable being vulnerable."
"Even though it might have been emotional and seemed to be like a play on the emotions, [it] was probably more just to show the impact that this particular crime had on the life of one specific individual," said Charlie Baird, a former Travis County district court judge.
The defense brought in forensic psychologist Greg Hupp as a witness. He believes Perry suffers from PTSD and has personality characteristics consistent with an autism spectrum disorder. The defense questioned Hupp about Perry's anti-protester social media posts and texts.
"For him to share different memes and different social commentary, he doesn't know if his friend who's an African-American or Latino or mixed race, they don't see that. He sees his battle buddy, and his battle buddies are sharing these rather crass and baseless jokes," Hupp said.
"Because of his psychological situation and because of his PTSD, that he could, in fact, be more likely to commit this type of offense again. And I think that's probably what the State argued today," Baird said.
The defense also brought in witnesses like Ronald Wilson and Traveon Napper, who served in the army with Perry. Attorneys questioned Napper over Zoom since he is stationed in Germany. Both denied Perry was a racist.
Wilson said sharing these forms of media is a "de-stressor" and "coping mechanism," relieving some of the pressures the military deals with on a day-to-day basis. Wilson also said Perry helped him financially, lending him thousands of dollars.
Perry's mother, Rachel Perry, also testified.
"He cried a lot when this happened. His intention was just to protect himself, not to go out and shoot anybody," Rachel said.
The defense asked the court on Tuesday to consider a sentencing of 10 years, while the state asked for a sentencing of at least 25 years. Ultimately, 25 years is the sentence the judge handed down.