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OFFICE OF THE

DISTRICT ATTORNEY
P.O. Box 1748, Austin, TX 78767
JOSÉ P. GARZA Telephone 512/854-9400 TRUDY STRASSBURGER
DISTRICT ATTORNEY Telefax 512/854-4206 FIRST ASSISTANT

April 11, 2023

Texas Board of Pardons and Paroles


PO Box 13401
Austin, Texas 78711-3401

Sent via email to [email protected] and [email protected]

Dear Board Chair David Gutiérrez and Honorable Members of the Board:

I write to request an appointment before the Board to allow the Office of the Travis County
District Attorney to present to you evidence relating to the ongoing criminal case, State of Texas
v. Daniel Perry, D1-DC-21-900007, prior to your final recommendation to the Governor. In
addition, I ask that you request to hear from the family of the victim, Garrett Foster, before you
make your final recommendation.

As you are aware, four days ago on Good Friday, a Travis County jury worked through the
holiday until they finalized their decision just after 4pm to find the defendant guilty of one count
of murder for the offense of shooting and killing Mr. Garrett Foster. The jury issued its judgment
after deliberating for over fifteen hours and hearing eight days of testimony. Both counsel for the
State and counsel for the defense conducted themselves professionally and competently. I am
grateful for the service of all the attorneys in this case.

Before making any decision, I implore you to review the trial transcript, evidence from trial
officials that may have an impact on public safety, and request input from the victim’s family as
to how a pardon may impact them.

Later today, Judge Clifford Brown, the Presiding Judge of the Travis County Criminal District
Courts, will determine a time and date for the sentencing of the defendant. As soon as I am
apprised of that date and time, I will communicate it to you in the hope that we can find a
mutually agreeable time for a presentation by the State after the sentencing but before your final
recommendation to the Governor.
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Please contact me at [email protected] to discuss when our office may present this
critical information to the Board. Thank you in advance for your time and thoughtful
consideration. Do not hesitate to reach out if there are any other matters that are helpful for us to
discuss.

Respectfully yours,

José P. Garza
Travis County District Attorney

Cc: Hon. Elodia Brito

Hon. Carmella Jones

Hon. Brian Long

Hon. Marsha Moberly

Hon. Linda Molina

Hone. Ed Robertson

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