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Texas Gov. Greg Abbott has issued a full pardon for U.S. Army Sergeant Daniel Perry.
Perry was convicted last year of murder in the shooting death of Garrett Foster, a USAF veteran and BLM protestor. Foster had attended a downtown Austin protest armed with an AK-pattern rifle, and joined his fellow protestors in illegally barricading the street. Perry's car was halted by the barricade, Foster approached the driver's side door, rifle in hand, and Perry shot him four times from a range of roughly 18 inches, fatally wounding him. Police reported that Foster's rifle was recovered with an empty chamber and the safety on.
Perry claimed that the shooting was self defense, that the protestors swarmed his vehicle, and that Foster advanced on him and pointed his rifle at him, presenting an immediate lethal threat. Foster's fellow protestors claimed that Foster did not point his rifle at Perry, and that the shooting was unprovoked. They pointed to posts made by Perry on social media, expressing hostility toward BLM protestors and discussing armed self-defense against them, and claimed that Perry intentionally crashed into the crowd of protestors to provoke an incident. For his part, Foster was interviewed just prior to the shooting, and likewise expressed hostility toward those opposed to the BLM cause and at least some desire to "use" his rifle.
This incident was one of a number of claimed self-defense shootings that occurred during the BLM riots, and we've previously discussed the clear tribal split in how that worked out for them, despite, in most cases, clear-cut video evidence for or against their claims. The case against Perry was actually better than most of the Reds, in that the video available was far less clear about what actually happened. As with the other Red cases, the state came down like a ton of bricks. An Austin jury found Perry guilty of murder, and sentenced him to 25 years in prison.
Unlike the other cases, this one happened in Texas, and before the trial had completed, support for Perry was strong and growing. That support resulted in Governor Abbott referring Perry's case to the Texas Board of Pardons and Paroles. A year later, the board returned a unanimous recommendation for a pardon to be granted. Abbott has now granted that pardon, and Perry is a free man, with his full civil rights restored to him. He has spent a little more than a year in prison, and his military career has been destroyed, but he is no longer in jail and no longer a felon.
So, now what?
It seems to me that there's a lot of fruitful avenues of discussion here. Was the shooting legitimate self-defense? To what degree did the protestors' tactics of illegally barricading streets, widespread throughout the Floyd riots and a recurring prelude to tragedy, bear responsibility for the outcome? How should we interpret Perry's comments prior to the shooting, or Foster's for that matter?
Two points seem most salient to me.
First, this case is a good demonstration of how the Culture War only rewards escalation, and degrades all pretensions to impartiality. I do not believe that anyone, on either side, is actually looking at this case in isolation and attempting to apply the rules as written as straightforwardly as possible. For both Blues and Reds, narrative trumps any set of particular facts. No significant portion of Blues are ever going to accept Reds killing Blues as legitimate, no matter what the facts are. Whatever portion of Reds might be willing to agree that Reds killing Blues in self-defense might have been illegitimate appears to be trending downward.
Second, this does not seem to be an example of the process working as intended. If the goal of our justice system is to settle such issues, it seems to have failed here. Red Tribe did not accept Perry's conviction as legitimate, and Blue Tribe has not accepted his pardon as legitimate. From a rules-based perspective, the pardon and the conviction are equally valid, but the results in terms of perceived legitimacy are indistinguishable from "who, whom". As I've pointed out many times before, rules-based systems require trust that the rules are fair to operate. That trust is evidently gone.
This is what we refer to in the business as a "bad sign".
It's interesting because the guy with the rifle was in some sense doing a right wing coded thing. Open carrying a rifle, which in Texas is legal. It's been a left wing talking point that this in and of itself should be considered a threatening act (see Rittenhouse, K). Which means in other circumstances it could quite well have been the case that the right was outraged by the shooting, as open carrying a rifle in and of itself should not be grounds to be seen as threat of violence, that justifies self-defence. In fact if Foster had shot and killed Perry as he was driving a car towards a protest he would have been in the Rittenhouse position! Arguing he brought a rifle to the protest to defend against just such an attack.
Which is why (as with Rittenhouse) the case hinged on whether the rifle was pointed at someone and if this itself constitutes a threat. Only without clear video in this case to show one way or another.
There is a narrative here where Rittenhouse was found not guilty (correctly) because he did not point his gun at someone and therefore was not threatening, and Foster also did not point his gun at someone so was not threatening and was thus murdered by Perry. In that case the left would have a case to argue that they did indeed play by the rules more than the right. Rittenhouse was acquitted. The jury set aside all the political stuff and acquitted him. Perry was found guilty then a political intervention happened. That's how I would contrast the two stories if I were still going to bat for the left in a political sense at least. The left left (hah) it up to the judicial system to decide the right (hah!) outcome, the right refused to do that and blatantly freed a convicted murderer. Might have some bad optics for squishy moderates. But of course plays well with those already convinced. Unlikely to make a difference in Texas, but might have some play if pushed nationally, perhaps.
I suppose to turn the discussion back to you, if you had clear video that Foster did not point his gun at Perry, and was just walking around, would you accept that he like Rittenhouse did not actually threaten someone and thus Perry shooting him was murder?
A "narrative" is all it is. It elides a bunch of significant detail in order to claim two things are far more similar than they are, and therefore make out defenders of both Rittenhouse and Perry as hypocrites.
Does it? Below someone said that because Foster had his gun angled down, but could have pointed it directly at Perry and fired in an instant that Perry was correct to have felt threatened. But we have video of Rittenhouse wandering around gun pointed low where he also could have brought it up and fired at any of the people around him.
If one of those is a threat then surely the other is, even if we removed them from protest situations and just had them standing on the street minding their own business.
Now i'd say neither should really be taken as a threat in and of themselves granted carrying the rifle around is legal. Because it would mean that we have a tension where a legal activity also grants enough of a threat to createthe right to legal lethal self-defence, which just seems problematicly circular.
@The_Nybbler is right. You are trying to tie these cases together with some sort of general principle that falls apart the second you tug at it.
Rittenhouse was running away. All his pursuers had to do was let him go.
No, before that, when he was walking around, gun pointed slightly down. That was the focus of the prosecution that he was causing people to feel threatened, which was the contention on why Rosenbaum may have felt threatened and charged Rittenhouse and thus had a self defence claim.
If that is all it takes then Rittenhouse was clearly threatening all the people he walked past. My contention is that is probably not true for either Rittenhouse or Foster.
Even if that were so, and I can find no evidence it is the case, then by running away Rittenhouse terminated the confrontation and any justification for use of force against him.
I would agree with you. Though I think Rittenhouse did himself no favors in his testimony because he said as Rosenbaum charged him, he did point the gun at him to try and scare him off. Then ran, when he kept charging, then shot him when he was getting close. Had the jury felt he HAD initially threatened Rosenbaum, the second (admitted) threat might have been viewed to show that Rosenbaum might have believed Rittenhouse would have got more distance then turned the gun on him again. A podcast I was listening to at the time was concerned he had just given them a reason to convict. Though that turned out not to be the case of course.
Rosenbaum was i think unstable, and looking for trouble, so whether Rittenhouse did have his barrel angled somewhere near him was probably the excuse he was looking for.
This is what Rittenhouse says in direct testimony:
On cross-examination he's asked about the video by the prosecutor, Binger:
This was during the chase, not before it. Rittenhouse (by his own testimony, which was not contradicted by other testimony) pointed the gun at Rosenbloom once; Rosenbloom was not deterred so Rittenhouse shot him. Rittenhouse did not run, point the gun at Rosenbloom, run again, and then turn and shoot him. He ran, pointed the gun at Rosenbloom, and then shot him.
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