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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. 

SON OF BUC-EE’S CO-FOUND ACCUSED OF SECRETLY FILMING HOUSE GUESTS IN BATHROOM

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

Live updates: Flash Flood emergency in Kerr County as rain continues to pound Texas

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Live updates: Flash Flood emergency in Kerr County as rain continues to pound Texas


KERRVILLE, Texas (KXAN) — The City of Kerrville issued a shelter-in-place Thursday morning, with heavy rain causing reported evacuations early Thursday morning. A Flash Flood Warning is currently in place for Kerr County as the Guadalupe River continues to rise.

Around 5:30 a.m., the National Weather Service said a “large and deadly flood wave is moving down” the Guadalupe River.

KXAN First Warning Weather Meteorologist Kristen Currie said approximately 11 inches of rain have fallen northwest of Kerr County since 10 p.m. on Wednesday. The Guadalupe River is expected to reach major flood stage in multiple areas.

Kerr County PIO Lisa Walter said “there have been multiple swift water rescues and evacuations.” Officials emphasized not to drive through flooded streets and to turn around if water covers the roadway.

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Evacuations were underway in multiple areas, according to the county, including:

  • Goat Creek
  • Arcadia Loop
  • Lowery/Guadalupe area
  • Junction Highway low-water crossings
  • Other low-lying neighborhoods

Emergency shelters are open at Impact Church (Goat Creek evacuation point), Calvary Temple Church and City West Church for people in West Kerr County, the county said.

Here are the latest headlines:

Live updates

7:03 a.m.: KXAN’s Kevin Baskar is in Gillespie County providing updates on the latest flood conditions in the area. Watch his update below.

6:37 a.m.: Kerr County officials emphasized not to drive through flooded streets and to turn around if water covers the roadway.

Evacuations were underway in multiple areas, according to the county, including:

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  • Goat Creek
  • Arcadia Loop
  • Lowery/Guadalupe area
  • Junction Highway low-water crossings
  • Other low-lying neighborhoods

Emergency shelters are open at Impact Church (Goat Creek evacuation point), Calvary Temple Church and City West Church for people in West Kerr County, the county said.

6:27 a.m.: Video shows emergency crews hauling boats and rescue equipment through Kerrville.

6:15 a.m. NewsNation correspondent Xavier Walton and his photographer captured a structure being swept up in river water and crashing into a Kerrville bridge. The structure appears to be some sort of shipping container, pushing against the bridge.

Watch the video below:

6:08 a.m.: Kerr County PIO Lisa Walter confirms “there have been multiple swift water rescues and evacuations.”

6:02 a.m.: The Guadalupe River at Center Point is expected to crest at 35 feet, which is the same crest as July 4, 2025.

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5:57 a.m.: The National Weather Service said “a large deadly flood wave” is moving down the Guadalupe River.

5:49 a.m.: The Comfort Volunteer Fire Department said it has units in Kerrville and Centerpoint alerting people along the Guadalupe River. They’re helping Kerr County with evacuations along Highway 27 between Comfort and Centerpoint. They said all VFD personnel are OK.

5:30 a.m.: The Kerr County Sheriff’s Office said in a Facebook post that it’s received reports of “street flooding in Ingram, and it’s likely many roads and city streets are flooded as well.”





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Austin, TX

Austin Pets Alive! activates emergency response to assist shelters affected by flooding

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Austin Pets Alive! activates emergency response to assist shelters affected by flooding


AUSTIN (KXAN) — As flood threats continue across parts of South Central Texas, Austin Pets Alive! has activated emergency response efforts to support animal shelters affected by the inclement weather.

In a social media post, APA! wrote, “We began offering aid last night, working to secure fosters for 10 dogs in the Castroville shelter, an open-air shelter that sits at the bottom of a valley.” 

APA! said the situation escalated overnight with additional shelters reporting flooding. One shelter confirmed that floodwaters reached its facility, APA! added.

Communities overwhelmed due to weather include Uvalde, Castroville and Sabinal.

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The nonprofit is asking the Austin community to foster, adopt or donate to free up capacity for animals displaced by the disaster. APA! needs to clear out its facilities to assist the animals in need of shelter. 

Here are ways you can help: 

  • Adopt: APA! is offering a “Name Your Own Adoption Fee” on all animals. 
  • Foster: The shelter is seeking foster homes for a minimum of three weeks. 
  • Donate: Proceeds will fund vans and response teams setting up a staging and triage center at the heart of the disaster zone, along with an expanded stockpile of preventatives, PPE and additional supplies.

If you would like to donate, click here.





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Austin, TX

Austin proposes more flood mitigation funding as heavy rains threaten Central Texas

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Austin proposes more flood mitigation funding as heavy rains threaten Central Texas


With heavy rain expected across parts of Central Texas this week and flooding top of mind, the city of Austin is proposing to put more money toward flood mitigation improvements in next year’s budget.

The proposal would invest in new flood infrastructure, add staff, and help move flood mitigation projects forward, according to city leaders. Austin City Councilmember Ryan Alter said the investments are aimed at keeping the city prepared for future flooding.

Residents who live near waterways say they have seen how quickly conditions can change. David Haderspeck, who lives near Shoal Creek, said the creek “fills up pretty fast” and “gets a lot higher than you’d expect.” He said he has watched the water rise dramatically after rain.

“I’ve seen it come up probably 10 to 15 feet to the ordinary high-water mark,” he said.

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This week, parts of Central Texas, including the Hill Country, are expected to get heavy downpours. While Austin is not expecting the same impacts as parts of the Hill Country, leaders said the city is using this year’s budget planning to continue investing in flood safety.

Alter said the city has the expertise to address flooding risks but needs to follow through on projects.

ALSO| Central Texas urged to prepare as heavy rainfall sits in forecast over next two days

“We have the experts. We just have to put the plans into practice, and that’s what we’re doing in this budget,” he said.

Under the budget proposal, the city would provide about $134.5 million for the Drainage Utility Fund, which helps pay for flood mitigation, drainage infrastructure and watershed protection efforts.

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Alter said the proposal would shift more of the funding balance toward building new infrastructure.

“What we’re going to do is shift that balance a little bit more to building new infrastructure so that when we do have large flooding events, we’ve got that infrastructure in place to keep people safe,” he said.

The proposal also adds staff and invests in both new and existing flood mitigation projects across the city.

Asked whether the proposed investments would be enough moving forward, Alter said, “I do…I think we’re doing the right thing and just making sure that our residents have the infrastructure to stay safe.”

Alter said heavy rain cannot be prevented, but the city’s goal is to have infrastructure in place to help keep people safe when it happens.

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