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Father of Texas man killed at 2020 protest decries Abbott’s pardon for convicted killer

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Father of Texas man killed at 2020 protest decries Abbott’s pardon for convicted killer


AUSTIN — Texas Gov. Greg Abbot issued a full pardon Thursday to a former U.S. Army sergeant convicted of murder for fatally shooting an armed demonstrator in 2020 during nationwide protests against police violence and racial injustice.

Abbott announced the pardon just minutes after the Texas Board of Pardons and Paroles disclosed it had made a unanimous recommendation that Daniel Perry be pardoned and have his firearms rights restored. Perry has been held in state prison on a 25-year sentence since his conviction in 2023.

The Republican governor had previously ordered the parole board to review Perry’s case and said earlier that he would sign a pardon if recommended. The board, which is appointed by the governor, announced its unanimous recommendation in a message posted on the agency website, and Abbott’s pardon swiftly followed.

‘I am a racist’: Daniel Perry wrote, shared trove of racist, anti-protester messages

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A jury in Austin had convicted Perry of murder in the death of 28-year-old Garrett Foster, an Air Force veteran who had been legally carrying an AK-47 while marching in a Black Lives Matter protest. Perry was working as a ride-share driver in July 2020, when he turned his car onto a street crowded with demonstrators and shot Foster before driving off.

When reached by phone Wednesday, Foster’s father, Steve, said the pardon “makes no sense.”

“Looks like our justice system comes down to one person,” Steve Foster said, referring to Abbott. “A jury of peers doesn’t matter anymore… Let’s hope he doesn’t do anything again.”

Whitney Mitchell and Garrett Foster, both 28, pose for a picture provided by Mitchell’s mother Patricia Kirven. Kirven and Sheila Foster, Garrett Foster’s mother, say he was shot and killed at a protest in Austin, Texas on Saturday, July 25, 2020. Mitchell, a quadruple amputee, was not physically hurt.(Courtesy of Patricia Kirven / Courtesy of Patricia Kirven)

Abbott’s demand for a review of Perry’s case followed pressure from former Fox News star Tucker Carlson, who on national television had urged the Republican governor to intervene after the sergeant was convicted at trial in April 2022. Perry was sentenced to 25 years in prison after prosecutors used his social media history and text messages to portray him as a racist who may commit violence again.

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Prosecutors argued at trial that Perry could have driven away without opening fire, and witnesses testified that they never saw Foster raise his gun. The sergeant’s defense attorneys argued Foster, who is white, did raise the rifle and that Perry had no choice but to shoot.

Father of BLM protester slain by Daniel Perry speaks out after Abbott pushes for pardon

Perry, who is also white, did not take the witness stand, and jurors deliberated for two days before finding him guilty.

By Jim Vertuno, The Associated Press





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Austin, TX

Central Texas aquifers could see slight boost after week of rainfall

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Central Texas aquifers could see slight boost after week of rainfall


This week’s rainfall across Central Texas could help to bring a much-needed boost to the region’s aquifers, which have been operating at dangerously low levels.

The backstory:

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On Tuesday, the Austin area saw over an inch of rain while Georgetown received close to six inches, as the San Gabriel River rose over six feet throughout the day.

But the heavy downpour was a welcome sight for Shay Hlavaty, the communications and outreach manager at the Barton Springs Edwards Aquifer Conservation District. 

Created by the state of Texas in 1987, the District oversees segments of the Edwards and Trinity Aquifers, stretching from South Austin to southern San Marcos. 

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In total, the portions of the aquifers they oversee provide water to around 100,000 people.

“Groundwater is a significant water source, you know. It’s kind of the unsung hero of Texas,” says Hlavaty.

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But over the last few years, the region’s groundwater levels have been in decline.

“Since January 2022, we are missing over a year’s worth of rainfall. So, in the Austin area, we get about 32 to 34 inches a year. And so over that time, we have, you know, a 30-plus inch deficit,” says Hlavaty.

Since October, the District has been under a stage three exceptional drought. Those conditions are determined by two indicators: spring flow at Barton Springs and groundwater levels at the Lovelady Monitor Well. 

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If either of these locations drops below a drought threshold, the District could declare a more intense drought stage.

By the numbers:

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Some of the latest data shows that Barton Springs isn’t performing as it needs to support the ongoing growth of the region.

To put it into reference, the average since about 1978 at Barton springs is 60 CFS. That’s cubic feet per second. And one cubic foot is about the size of a beach ball, an average beach ball. So, 60 beach balls of water coming out every second from Barton Springs. Before this rainfall, we were closer to 12 CFS, so only 12 beach balls coming out every second, so that’s less than a quarter of average,” says Hlavaty.

That same data also shows that the Lovelady Well is 453.8 feet above mean sea level. That’s only 5 inches above the Stage 4 Emergency Response Threshold.

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“This isn’t something that’s going to go away. Even if we busted this drought and get out of it, the next drought is going to be around the corner,” says Hlavaty.

Dig deeper:

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But this week’s rain did provide a small boost, helping to prevent the district from potentially falling into a deeper stage of drought.

So, we’re still in that stage three exceptional level, and this rainfall will help us stay out of that stage four emergency,” Hlavaty told FOX 7. “It’ll help stabilize, if not increase groundwater levels and spring flow.”

The total rainfall for the Austin area in April so far is 4.14 inches, well above the typical total average for the month, which is 2.42 inches. But that sort of above precipitation must continue if there is to be any chance of drought levels decreasing.

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“We really need to have above average rainfall for months, if not years, to bust this drought,” says Hlavaty.

What you can do:

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As May approaches, which typically brings the most rainfall throughout the year, Hlavaty urges people to cut back on water use when they can, especially watering their lawns, which can consume large amounts of drinking water. 

And as Central Texas continues to see a boom in population, combined with hotter than average temperatures for February and March, conservation is as important as ever.

“It’s important to remember that a little bit of rain here, a little bit of rain there, isn’t going to best the drought. So, we all have to do our role to help conserve resources in the meantime,” says Hlavaty.

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The Source: Information from interviews conducted by FOX 7 Austin’s Marco Bitonel

AustinEnvironmentWeather



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Judge Albright, who oversaw patent litigation boom in Texas, to resign

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Judge Albright, who oversaw patent litigation boom in Texas, to resign


U.S. District Judge Alan Albright, who before relocating to Austin, Texas, last year helped transform a tiny courthouse in Waco into a hub for much of the patent litigation in the United States, ​plans to resign, a person familiar with the matter said.



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Appeals court rules Texas can require public schools to display Ten Commandments in class

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Appeals court rules Texas can require public schools to display Ten Commandments in class


DALLAS (AP) — Texas can require the Ten Commandments to be displayed in public school classrooms, a U.S. appeals court ruled Tuesday in a victory for conservatives who have long sought to incorporate more religion into schools.

WATCH: Texas school board approves new course material that includes Bible passages

It sets up a potential clash at the U.S. Supreme Court over the issue in the future.

The 5th Circuit Court of Appeals said in the decision that the law did not violate the First Amendment, which protects religious freedom and prevents the government from establishing a religion.

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Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”

“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” Paxton said.

Organizations representing the families who challenged the law, including the American Civil Liberties Union, said in a statement that they were “extremely disappointed” by the decision.

“The court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” the statement said.

The law is among the pushes by Republicans, including President Donald Trump, to incorporate religion into public schools. Critics say it violates the separation of church and state while backers argue that the Ten Commandments are historical and part of the foundation of U.S. law.

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The ruling, which reverses a district court’s judgment, comes after the full court heard arguments in January in the Texas case and a similar case in Louisiana. The appeals court in February cleared the way for Louisiana’s law, requiring displays of the Ten Commandments in public school classrooms. The 5th Circuit Court of Appeals voted 12-6 to lift a block that a lower court first placed on the law in 2024.

Texas law took effect on Sept. 1, marking the largest attempt in the nation to hang the Ten Commandments in public schools. About two dozen school districts had been barred from posting them after federal judges issued injunctions in two cases against the law but went up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.

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