10 May 2023 , 15:40
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A US Army sergeant who shot and killed a Black Lives Matter protester at a march in Texas has been sentenced to 25 years in prison.
Daniel Perry, 35, faced between five and 99 years in prison for fatally shooting 28-year-old Garrett Foster at an Austin, Texas, racial justice rally following the murder of George Floyd in Minneapolis.
"After three long years we’re finally getting justice for Garrett", his mother, Sheila Foster, told the court.
In court, Perry’s defence team asked for a sentence of 10 years, citing his lack of criminal history, his psychological issues, including complex post-traumatic stress disorder, and praise from several of his military colleagues.
Mr Foster's girlfriend, Whitney Mitchell (AP)But the prosecution requested a sentence of at least 25 years in prison, highlighting his history of racist and inflammatory social media posts he wrote prior to the shooting.
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Perry was stationed at Fort Hood, about 70 miles north of Austin, when the shooting happened.
He had just dropped off a ride-share customer and turned onto a street filled with protesters when he said he was trying to get past the crowd.
He then fired his pistol when Foster, a white man, pointed a rifle at him. Witnesses testified that they did not see Foster raise his weapon and prosecutors argued that Perry could have driven away without shooting.
Prosecutor Guillermo Gonzalez said: "This man is a loaded gun, ready to go off at any perceived threat. He’s going to do it again.”
U.S. Army Sgt. Daniel Perry (Uncredited/AP/REX/Shutterstock)Republican Texas Governor Greg Abbott has been pressing for the chance to pardon Perry under the state's 'Stand Your Ground' law.
The day after Perry's conviction, Abbott tweeted: "Texas has one of the strongest 'Stand Your Ground' laws."
He said he looked forward to signing a pardon once a recommendation from the Texas Board of Pardons and Paroles hit his desk.
The board, which is full of those appointed by Abbott, has already begun what legal experts are calling a highly unusual and immediate review of the case on the Governor's orders.
Mr Foster's girlfriend, Whitney Mitchell, spoke of how the pair started dating just after high school, saying he was a devoted partner who took care of her after an infection resulted in the amputation of her hands and feet when she was 18.
Mr Foster reportedly joined the Air Force in 2011 but left in 2013 to be with his partner.
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"He took care of me," she said through tears. "That's why he wanted to come back, to take care of me. He would wash my face, do my hair, he helped me put my clothing on, he helped put on my makeup... He helped me when I couldn't do anything."
Mr Foster was taking part in a demonstration against police killings and racial injustice when tensions were running high across the US.
Evidence provided by prosecutors on the first day of Perry's sentencing, Tuesday, May 9, included text messages and social media posts they said demonstrated Perry's hostile views of the Black Lives Matter movement.
In one Facebook post, he wrote the month before the shooting, he said: "It is official I am a racist because I do not agree with people acting like animals at the zoo."