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Texas DA to request reversal of pardon for former Army soldier who fatally shot BLM protester

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Texas DA to request reversal of pardon for former Army soldier who fatally shot BLM protester


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A progressive Texas district attorney plans to file a request to reverse a pardon issued by Gov. Greg Abbott to a former Army soldier who shot and killed a Black Lives Matter (BLM) protester during a demonstration in 2020. 

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Travis County District Attorney José Garza said his office will file a writ of mandamus with the Court of Criminal Appeals to reverse the pardon for Daniel Perry. 

“Three weeks ago, on May 16, the Board of Pardons and Paroles and the governor put their politics over justice and made a mockery of our legal system and for that they should be ashamed of themselves,” Garza said in a news conference to announce the move. “Their actions were contrary to the law.”

TEXAS AUTHORITIES FIND 27 ILLEGAL IMMIGRANTS IN HORSE TRAILER DURING TRAFFIC STOP

Daniel Perry enters the courtroom at the Blackwell-Thurman Criminal Justice Center in Austin, Texas. Gov. Greg Abbott, right, pardoned Perry last month for the killing of a Black Lives Matter protester. (AP; Getty Images)

“We will be asking the courts to intervene in order to restore the sanctity of the rule of law in this great state,” he added.

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Abbott issued a full pardon to Perry, following his conviction last year for the death of Garrett Foster, a BLM protester and Air Force veteran, in downtown Austin during a 2020 protest. Foster was legally carrying an AK-47 rifle at the time of the July 2020 incident.  

Perry was stationed at what was then 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. He said he was trying to get past the crowd and fired his pistol when Foster 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. Perry was eventually convicted for the killing and sentenced to 25 years in prison. 

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Travis County District Attorney José Garza, right, said he plans to ask a court to reject a pardon issued to Daniel Perry following his conviction for fatally shooting a Black Lives Matter protester in Austin, Texas, in 2020. (AP)

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Holly Taylor, director of Public Integrity and Complex Crimes, said by issuing the pardon, Abbott circumvented his authority and “violated the Separation of Powers Doctrine.”

“It was planned, it was premeditated and the very next day the governor announced his plans to pardon and now here we are, he has done it, and I’m not okay with this and nobody should be okay with this,” said Foster’s mother Shiela Foster.

Fox News Digital has reached out to Perry’s attorney and Abbott’s office. 

Garza has earned a reputation for taking progressive stances regarding the criminal justice system. In 2021, local media news outlets reported that his office had rejected criminal charges, including some for violent offenses, for some suspects before they got to see a judge.

Garrett Foster was fatally shot in 2020 during a Black Lives Matter protest in Austin, Texas. (KTBC)

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Perry’s attorney, Doug O’Connell, told Fox 7 Austin that Garza’s attempt to reverse the pardon was more “political theater.”

“The pardon power of the executive branch is a well settled Constitutional authority,” he said. “I’m skeptical that Ms. Taylor, who was recently sanctioned by a Travis County Court for violating the Michael Morton Act (hiding evidence), will persuade the Court of Criminal Appeals with a novel theory challenging the Texas Constitution.”



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Austin, TX

Austin Police Department updates procedures after controversial deportation

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Austin Police Department updates procedures after controversial deportation


AUSTIN, Texas — An update to the Austin Police Department’s (APD) procedures outlines that officers are not required to contact U.S. Immigration and Customs Enforcement (ICE) when a person is found to have an ICE administrative warrant if they have no other arrestable charge.  

The update follows a controversial deportation from January, when a woman’s disturbance call to APD led to her detainment, alongside her 5-year-old child, who is a U.S. citizen.  

The incident led to questions from the community regarding the way APD is supposed to interact with ICE.  

In a March 4 memo, APD Police Chief Lisa Davis said that the directives provided by ICE administrative warrants could be confusing in their wording.

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According to Davis, officers have not historically regularly encountered administrative warrants while using the National Crime Information Center database, which is used to conduct identity checks. However, in 2025, federal agencies began entering a large volume of administrative warrants into the system.

According to the memo, administrative warrants are formatted in a way that looks similar to criminal warrants in the system.

The APD General Orders have been updated to clearly define the difference between criminal warrants and ICE administrative warrants, as well as specific instructions for how ICE administrative warrants should be handled moving forward.

“APD recognizes the sensitivity of this issue, not only within our city but across the nation. These policies were updated to provide clarity to our officers, ensure compliance with state law, and maintain officer discretion guided by supervisory oversight and operational consideration,” Davis said in the memo.

The updated procedures instruct officers to contact their supervisor when a person is found to have only an ICE administrative warrant, but no other arrestable criminal charge. From there, the officer or their supervisor may contact ICE, but is not required to.

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“Austin Police and City of Austin leadership share a paramount goal for Austin to be a safe city for everyone who lives, works, or visits here,” Davis said in the memo. “We particularly want to ensure that anyone who witnesses or is the victim of a crime feels secure in contacting the police for help.”

According to the memo, the entire APD staff will be required to complete new training regarding these updates.  

“In concert with the policy updates, APD is launching a public webpage to help people understand their rights and provide links to resources available from the City of Austin and community organizations, such as Know Your Rights training,” Davis said in the memo. “The webpage will also include information on the option of using APD Victim Services as an alternative to calling 9-1-1, when appropriate, and links to all general orders and policies related to immigration.”



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Texas Plans Second Execution of the Year

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Texas Plans Second Execution of the Year


Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” […]



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Will the rest of Austin allergies seasons be as bad as cedar this year?

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Will the rest of Austin allergies seasons be as bad as cedar this year?


Austin had a particularly itchy and drippy cedar fever season to start the year. Many winter days, from late December into February, had high or very high ashe juniper (aka cedar) pollen counts. 

Central Texas has a year-round allergy season with mold popping up at any time. For the more traditional spring and fall allergy seasons, forecasters at AccuWeather are predicting some of the allergens across the country will be worse this year than average. 

Texas, though, is a different story.

For grass allergies, which happen now through September, AccuWeather estimates Austin will have an average season. However, just west of the Interstate 35 corridor in the Hill Country to almost El Paso, that season is expected to be worse than normal. 

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“Texas may experience above-average grass pollen for a few weeks,” AccuWeather’s allergy report said, “though the season could be shorter-lived compared to northern areas.” 

It all depends on the weather

How much rain we get in the next six months and the perennial Texas heat will all affect the growing season for grasses and weeds, as well as the amount of pollen trees produce. The Farmers’ Almanac and the Old Farmers Almanac are both predicting a wetter and warmer spring.

Rain helps plants grow, which can increase pollen production over time. However, rainfall during allergy season can also bring temporary relief by washing pollen out of the air. That’s what we’re expecting this weekend, with our first meaningful rain chance in nearly three weeks. Tree and weed pollen levels might briefly drop, but mold could spike because it thrives in damp, humid weather. 

If spring continues with excessive heat like we saw in February, it could limit the growth of some plants and trees. Extreme heat can reduce how much they grow, and how much pollen they produce. On the other hand, if we get a healthy balance of rain and only slightly above-normal temperatures — not extreme heat — pollen counts could climb. That’s especially true as we head into April, typically our windiest month of the year, which helps spread pollen more easily.

How can you treat allergies in Austin?

If you are feeling the effects of allergies, here are some things you can do to lessen them: 

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  • Start taking allergy medication at least two weeks before your allergen’s season is supposed to start. Keep taking your allergy medication throughout your allergen’s season, even on low-pollen days.
  • Vary your allergy medication. You can take a nasal spray, an eye drop and an oral antihistamine at the same time to treat the different symptoms. If one kind of allergy medication isn’t working, consult your doctor about whether you should add a second one or switch out the medication. 
  • Take a shower before going to bed.
  • Take off outside clothes or shoes when you get into the house.
  • Do a daily nasal wash such as a neti pot or saline spray.
  • Consider seeing an allergist to get drops or shots to lessen your reaction to the allergen. 

Consider these household tips to improve your chances of keeping allergens away:

  • Change the filters in your house regularly during cedar fever season.
  • Vacuum and sweep regularly. 
  • Change your sheets, especially your pillow regularly. 
  • Keep doors and windows closed.
  • Clean out the vents in your home.
  • Have your home tested for indoor allergens such as mold.
  • Wash and brush the animals in your house to lessen the amount of allergens in the air. 
  • Wear a mask outside or inside while you are trying to lessen the pollen or mold indoors.



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