Judge sentences Texas man who fatally shot Black Lives Matter protester to 25 years

 A Texas judge on Wednesday sentenced an Army sergeant to 25 years in prison after the man was convicted of murder in connection to the fatal shooting of a Black Lives Matter protester in 2020.

Daniel Perry, 36, was working as an Uber driver in Austin when he ran a red light and turned into a Black Lives Matter march on July 25, 2020. He told police that Garrett Foster, 28, approached his car with a raised AK-47, so he shot Foster, 28, five times with a handgun and then drove away.

One day after a jury found Perry guilty of murder in April, Gov. Greg Abbott vowed to pardon Perry.

Prosecutors asked for 25 years, defense asked for 10

A prosecutor asked the judge on Tuesday to sentence Perry to at least 25 years in prison saying he was a "loaded gun" who could harm other people.

Prosecutors argued Perry instigated the incident by running a red light at an intersection where he could clearly see the marchers before he drove into them. Perry also posted racist comments and memes denigrating Black people on social media, prosecutors said.

Defense lawyers asked the judge to sentence Perry to 10 years, saying he was a veteran with no criminal history.

Abbott plans to pardon Perry

Abbott has faced calls from national conservative figures to act to urgently undo the conviction. 

Abbott announced on Twitter on April 8 he would pardon Perry as soon as a request "hits my desk." He cannot pardon Perry unless he receives a request from the Board of Pardons and Paroles to do so.

“Texas has one of the strongest ‘Stand your ground’ laws of self-defense that cannot be nullified by a jury or progressive district attorney,” Abbott said in a statement. “I will work as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”

The board of Pardons and Paroles is considering Perry's case.

Perry will appeal and plans to “fully cooperate in the Texas pardon process,” attorney Clinton Broden said in a statement issued after the sentencing Wednesday.

Contributing: The Associated Press