Protestor gunned down in Austin - Daniel Perry trial

[innominate]

The damning evidence:

“Might Have to Kill a Few People”

And other texts that suggest Daniel Perry intended to commit murder at a Black Lives Matter demonstration

www.austinchronicle.com

I get social medial. I guess text messages aren't considered private.

ETA. NM. Just saw the previous post where he willingly gave over his phone

 

[innominate]

Did anyone really think he'd get a fair trial in Austin?

I wonder if I would have made it to the jury if I had been called for duty.

 

[oldag]

I’d say the lesson is more about knowing what social messaging can be traced back to you. WhatsApp is great for anonymity, but it does retain messages. Something like Signal or Session would be a much better alternative.

Or better yet, don't shoot your mouth off at all.

 

[toddnjoyce]

Or better yet, don't shoot your mouth off at all.

We had numerous discussions around the how to deal with being in a vehicle and facing protesters closing down roads and/or surrounding your vehicle here during 2020. While some were hypothetical, others were specific to current events of the time. Nobody wakes up and decides today’s the day their going to take up meth, get a DUI, or be involved in a defensive engagement.

Did those discussions here, at the time, constitute shooting off our mouthes?

Same question goes for all the other defensive shooting discussions. Do we not talk about and think through TPC 9 implications here out of fear a post might come back to haunt us later? Think about all the SSS comments floating around.

 

[Big Dipper]

Greg Abbott working to 'swiftly' pardon Army Sergeant convicted of murder in Black Lives Matter riot





https://www.foxnews.com/politics/gr...eant-convicted-murder-black-lives-matter-riot

 

[Bozz10mm]

Wtf. Is there something that was revealed in trial that was not public knowledge? What lead the jury to vote guilty on a murder charge?

40 witnesses from the crowd of protestors swearing that Foster did not point his firearm at Perry. Liberals stick together.

 

[deemus]

Pretty sure we saw a video showing that he did in fact raise his rifle.

This sounds like the recent situation I heard of about an accident. Witness (several) saw a truck swerve into oncoming traffic and cause a wreck. Video on the truck showed the exact opposite. Car came into the truck's lane, and the truck swerved to the shoulder of the road to try and miss the car. Sometime people don't see what they think they saw? Or they purposely lied about the truth.

That video showing the dead guy raising his rifle at the driver, should have been played in court.

 

[thescoutranch]

Even if he gets a pardon, I assume he will still lose his gun rights. Question; if you get a pardon can you still appeal the trial verdict if there is cause??

 

[Hoji]

Even if he gets a pardon, I assume he will still lose his gun rights. Question; if you get a pardon can you still appeal the trial verdict if there is cause??

Pardon equals full rights restored

 

[innominate]

Pretty sure we saw a video showing that he did in fact raise his rifle.

This sounds like the recent situation I heard of about an accident. Witness (several) saw a truck swerve into oncoming traffic and cause a wreck. Video on the truck showed the exact opposite. Car came into the truck's lane, and the truck swerved to the shoulder of the road to try and miss the car. Sometime people don't see what they think they saw? Or they purposely lied about the truth.

That video showing the dead guy raising his rifle at the driver, should have been played in court.

Eye witness statements are not reliable. That's been known for a long time. My niece did a paper on it at UT over 10 years ago.

 

[General Zod]

Eye witness statements are not reliable. That's been known for a long time. My niece did a paper on it at UT over 10 years ago.

Especially when the eyewitnesses are heavily in favor of one of two participants in an incident. This wasn't two strangers, this was someone they considered an ally (or, more appropriately, a "comrade") vs someone they considered an enemy.

 

[deemus]

Making the video even more important.

 

[Texasgordo]

 

[oldag]

We had numerous discussions around the how to deal with being in a vehicle and facing protesters closing down roads and/or surrounding your vehicle here during 2020. While some were hypothetical, others were specific to current events of the time. Nobody wakes up and decides today’s the day their going to take up meth, get a DUI, or be involved in a defensive engagement.

Did those discussions here, at the time, constitute shooting off our mouthes?

Same question goes for all the other defensive shooting discussions. Do we not talk about and think through TPC 9 implications here out of fear a post might come back to haunt us later? Think about all the SSS comments floating around.

Woke up on the wrong side of the bed, eh?

A reasoned discussion is not shooting off one's mouth.

"Might have to kill a few people" is. And yes, some on here do shoot their mouths off.

 

[toddnjoyce]

Pardon equals full rights restored

TLDR: I’m still not sure if a pardon is possible given the statutes.

Start with Art 4 of the constitution:

(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons;

This says the gov has the power to pardon after the BoPP makes a recommendation.

Then go to the administrative code for BoPP

Except in cases of treason or impeachment, after conviction or successful completion of a term of deferred adjudication community supervision, the Governor may grant a full pardon upon the recommendation and advice of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11 and Texas Code of Criminal Procedure, Articles 48.01 and 48.03.

Texas Administrative Code

texreg.sos.state.tx.us

That says BoPP recommendations for parole are authorized in both the Constitution AND the Code of Criminal Procedure, so let’s go there.

(b) The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:
(1) is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, and subsequently receives a discharge and dismissal under Article 42A.111; and
(2) on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.

CODE OF CRIMINAL PROCEDURE CHAPTER 48. PARDON AND PAROLE

statutes.capitol.texas.gov

The governing law says BoPP can recommend pardons for people who’ve completed their sentence AND ten years have passed

That sounds like the governor has the power to pardon after asking the board to recommend a pardon. It also sounds like the statutes for the Board limit them to only recommending pardon for someone who’s completed their sentence and after ten years have passed.

Given that, I’m not hopeful, but I also don’t study this part of the law very often. Given that, there’s a second rule in the same TAC subchapter on pardons which says
The Board shall consider a recommendation for a full pardon or request for restoration of firearm rights in any case upon the request of the Governor as authorized by Texas Government Code, Section 508.050.

Texas Administrative Code

texreg.sos.state.tx.us

That rule says the board must consider recommendations for pardons in ANY case when requested by the Governor as BoPP is authorized to do in TGC 508.50.

Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the governor, the board shall investigate a person being considered by the governor for:
(1) pardon;
(2) commutation of sentence;
(3) reprieve;
(4) remission of fine; or
(5) forfeiture.
(b) The board shall report to the governor on its investigation and make recommendations about the person to the governor.

That part of the law says when the board has to investigate a person being considered for pardon, etc.

All that seems pretty circular, so this is what I understand:

The governor, after a conviction and on the written signed recommendation of BoPP can grant a pardon. The governor can also tell BoPP to consider a recommendation in ANY case he wants to. In those cases where the governor tells BoPP to consider a recommendation for pardon, it sounds like BoPP is, by law, only required to investigate the person, make a report of that investigation, and then make a recommendation about the person to the governor.

Following that understanding, then I have to ask if BoPP has limits on who can be recommended for a pardon. That takes me back to the Code of Criminal Procedure which says the Board may, but is not required to, recommend someone who has met certain statutory conditions.

Hotwheels spent five years on the state Supreme Court and 13 years as AG before being elected governor. Tangentially, during his AG tenure, Abbot wrote an AG opinion pardons of innocence (a separate process for remedy); I’m not sure it’s relevant here except that opinion says BoPPs
rules, procedures, and the statutes all have to be taken in context. That opinion is one of only two specific to BoPP subjects; both authored by hotwheels and neither is particularly relevant.

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2004/ga0240.pdf

Given that, I can see this breaking either way and it will hinge on the context of may in the CCP statutes.

 

[Hoji]

TLDR: I’m still not sure if a pardon is possible given the statutes.

Start with Art 4 of the constitution:

(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons;

This says the gov has the power to pardon after the BoPP makes a recommendation.

Then go to the administrative code for BoPP

Except in cases of treason or impeachment, after conviction or successful completion of a term of deferred adjudication community supervision, the Governor may grant a full pardon upon the recommendation and advice of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11 and Texas Code of Criminal Procedure, Articles 48.01 and 48.03.

Texas Administrative Code

texreg.sos.state.tx.us

That says BoPP recommendations for parole are authorized in both the Constitution AND the Code of Criminal Procedure, so let’s go there.

(b) The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:
(1) is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, and subsequently receives a discharge and dismissal under Article 42A.111; and
(2) on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.

CODE OF CRIMINAL PROCEDURE CHAPTER 48. PARDON AND PAROLE

statutes.capitol.texas.gov

The governing law says BoPP can recommend pardons for people who’ve completed their sentence AND ten years have passed

That sounds like the governor has the power to pardon after asking the board to recommend a pardon. It also sounds like the statutes for the Board limit them to only recommending pardon for someone who’s completed their sentence and after ten years have passed.

Given that, I’m not hopeful, but I also don’t study this part of the law very often. Given that, there’s a second rule in the same TAC subchapter on pardons which says
The Board shall consider a recommendation for a full pardon or request for restoration of firearm rights in any case upon the request of the Governor as authorized by Texas Government Code, Section 508.050.

Texas Administrative Code

texreg.sos.state.tx.us

That rule says the board must consider recommendations for pardons in ANY case when requested by the Governor as BoPP is authorized to do in TGC 508.50.

Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the governor, the board shall investigate a person being considered by the governor for:
(1) pardon;
(2) commutation of sentence;
(3) reprieve;
(4) remission of fine; or
(5) forfeiture.
(b) The board shall report to the governor on its investigation and make recommendations about the person to the governor.

That part of the law says when the board has to investigate a person being considered for pardon, etc.

All that seems pretty circular, so this is what I understand:

The governor, after a conviction and on the written signed recommendation of BoPP can grant a pardon. The governor can also tell BoPP to consider a recommendation in ANY case he wants to. In those cases where the governor tells BoPP to consider a recommendation for pardon, it sounds like BoPP is, by law, only required to investigate the person, make a report of that investigation, and then make a recommendation about the person to the governor.

Following that understanding, then I have to ask if BoPP has limits on who can be recommended for a pardon. That takes me back to the Code of Criminal Procedure which says the Board may, but is not required to, recommend someone who has met certain statutory conditions.

Hotwheels spent five years on the state Supreme Court and 13 years as AG before being elected governor. Tangentially, during his AG tenure, Abbot wrote an AG opinion pardons of innocence (a separate process for remedy); I’m not sure it’s relevant here except that opinion says BoPPs
rules, procedures, and the statutes all have to be taken in context. That opinion is one of only two specific to BoPP subjects; both authored by hotwheels and neither is particularly relevant.

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2004/ga0240.pdf

Given that, I can see this breaking either way and it will hinge on the context of may in the CCP statutes.

As a couple of folks I know personally have received pardons( one from Ann Richards and one from GW Bush, I can positively say that all rights are restored under a Governor’s Pardon.

Both were able to get carry permits and purchase firearms from a FFL

 

[MountainGirl]

TLDR: I’m still not sure if a pardon is possible given the statutes.

Start with Art 4 of the constitution:

(b) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons;

This says the gov has the power to pardon after the BoPP makes a recommendation.

Then go to the administrative code for BoPP

Except in cases of treason or impeachment, after conviction or successful completion of a term of deferred adjudication community supervision, the Governor may grant a full pardon upon the recommendation and advice of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11 and Texas Code of Criminal Procedure, Articles 48.01 and 48.03.

Texas Administrative Code

texreg.sos.state.tx.us

That says BoPP recommendations for parole are authorized in both the Constitution AND the Code of Criminal Procedure, so let’s go there.

(b) The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:
(1) is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, and subsequently receives a discharge and dismissal under Article 42A.111; and
(2) on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.

CODE OF CRIMINAL PROCEDURE CHAPTER 48. PARDON AND PAROLE

statutes.capitol.texas.gov

The governing law says BoPP can recommend pardons for people who’ve completed their sentence AND ten years have passed

That sounds like the governor has the power to pardon after asking the board to recommend a pardon. It also sounds like the statutes for the Board limit them to only recommending pardon for someone who’s completed their sentence and after ten years have passed.

Given that, I’m not hopeful, but I also don’t study this part of the law very often. Given that, there’s a second rule in the same TAC subchapter on pardons which says
The Board shall consider a recommendation for a full pardon or request for restoration of firearm rights in any case upon the request of the Governor as authorized by Texas Government Code, Section 508.050.

Texas Administrative Code

texreg.sos.state.tx.us

That rule says the board must consider recommendations for pardons in ANY case when requested by the Governor as BoPP is authorized to do in TGC 508.50.

Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the governor, the board shall investigate a person being considered by the governor for:
(1) pardon;
(2) commutation of sentence;
(3) reprieve;
(4) remission of fine; or
(5) forfeiture.
(b) The board shall report to the governor on its investigation and make recommendations about the person to the governor.

That part of the law says when the board has to investigate a person being considered for pardon, etc.

All that seems pretty circular, so this is what I understand:

The governor, after a conviction and on the written signed recommendation of BoPP can grant a pardon. The governor can also tell BoPP to consider a recommendation in ANY case he wants to. In those cases where the governor tells BoPP to consider a recommendation for pardon, it sounds like BoPP is, by law, only required to investigate the person, make a report of that investigation, and then make a recommendation about the person to the governor.

Following that understanding, then I have to ask if BoPP has limits on who can be recommended for a pardon. That takes me back to the Code of Criminal Procedure which says the Board may, but is not required to, recommend someone who has met certain statutory conditions.

Hotwheels spent five years on the state Supreme Court and 13 years as AG before being elected governor. Tangentially, during his AG tenure, Abbot wrote an AG opinion pardons of innocence (a separate process for remedy); I’m not sure it’s relevant here except that opinion says BoPPs
rules, procedures, and the statutes all have to be taken in context. That opinion is one of only two specific to BoPP subjects; both authored by hotwheels and neither is particularly relevant.

https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2004/ga0240.pdf

Given that, I can see this breaking either way and it will hinge on the context of may in the CCP statutes.

Thank you for that break out. Regarding the bolded parts of -

"The governor, after a conviction and on the written signed recommendation of BoPP can grant a pardon. The governor can also tell BoPP to consider a recommendation in ANY case he wants to. In those cases where the governor tells BoPP to consider a recommendation for pardon, it sounds like BoPP is, by law, only required to investigate the person, make a report of that investigation, and then make a recommendation about the person to the governor.

Following that understanding, then I have to ask if BoPP has limits on who can be recommended for a pardon. That takes me back to the Code of Criminal Procedure which says the Board may, but is not required to, recommend someone who has met certain statutory conditions."


- it almost seems the BoPP is restricted to the statutory conditions if/when the request to consider comes from someone other than the Governor.

 

[toddnjoyce]

As a couple of folks I know personally have received pardons( one from Ann Richards and one from GW Bush, I can positively say that all rights are restored under a Governor’s Pardon.

Both were able to get carry permits and purchase firearms from a FFL

Concur with rights restoration, it’s whether or not BoPP can recommend Perry for a pardon.

 

[toddnjoyce]

… - it almost seems the BoPP is restricted to the statutory conditions if/when the request to consider comes from someone other than the Governor.

That’s why I think it all hinges on the word may.

 

[ZX9RCAM]

That’s why I think it all hinges on the word may.

That word carries too much power...