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MustReadTexas.com – @MustReadTexas
BY: @MattMackowiak |
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WEDNESDAY || 12/18/24 |
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Good Wednesday morning.
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“Texas man convicted of killing protester before being pardoned now back in court,” KVUE's Britny Eubank — “A case involving a Texas man pardoned by the governor earlier this year was back in a Travis County courtroom on Tuesday. His attorneys are fighting to throw out an indictment for a separate misdemeanor charge he's facing.
Earlier this year, Gov. Greg Abbott pardoned Daniel Perry after he was convicted of murder for shooting and killing Garrett Foster during a Black Lives Matter protest in 2020. But the pardon didn't end all of his legal troubles.
Perry still faces a misdemeanor charge of deadly conduct for his alleged actions on the night of the shooting leading up to Foster's death. Under Texas law, a deadly conduct charge is when a person knowingly discharges a firearm at someone or a building.
If convicted of the deadly conduct charge, Perry faces up to a year in prison. However, he did spend a little more than a year in prison before he was pardoned, so the judge may take that time served into consideration.
In court Tuesday, Perry's attorneys made two motions – one to quash the indictment for the misdemeanor charge and another to dismiss it. They're trying to make sure Perry is not tried for something he was already pardoned for. |
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This misdemeanor charge is tied to Perry's actions of driving through the crowd of protesters and shooting on July 25, 2020, not specifically Foster's death. His defense argues that because the indictment doesn't specifically name the pedestrians who were in danger in the area, the judge should scrap it.
His attorneys claim they won't be able to give Perry a sufficient defense without knowing whom he's specifically charged with endangering. They also argue that without a specific identification of these pedestrians, it could open Perry up to be being charged for something he's already been tried and acquitted for.
Prosecutors argue that that specific names don't matter because Perry's conduct is what put people in danger. Perry's attorneys argued back that Perry's constitutional right to be notified of these pedestrians' names so he doesn't face a double jeopardy conviction trumps whether the indictment is conduct based or not. |
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The judge expects to make a decision on the defense's motion to quash the indictment by the end of the week. If he decides not to quash it, there could be another hearing in this case on Jan. 9 for the motion to dismiss the indictment.
In that motion to dismiss the indictment, Perry's defense is hoping to have a hearing so they can bring in David Fugitt, the lead investigator with the Austin Police Department for Perry's case, to testify. They believe his testimony will be relevant to the decision of throwing out the indictment because in his affidavit, he claimed that the District Attorney's Office tampered with him as a witness and asked him to remove exculpatory information he was planning to present to the grand jury in this case." KVUE |
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SA REPORT: “It's official: Feds establish San Antonio's direct flight to D.C.” SA Report |
DMN: “NTTA files $8.6 million in suits targeting businesses over unpaid tolls” DMN ($) |
HOU CHRON: “Houston attorney Tony Buzbee subject of 2 recent federal lawsuits” Houston Chronicle ($) |
SAEN: “Val Cotter, business partner of Brad Simpson, indicted by grand jury” SAEN ($) |
HOU CHRON: “Mattress Mack walking unassisted after open-heart surgery” Houston Chronicle ($) |
TX TRIB: “An emerging Texas megadonor just pledged $20 million to 'expand a true Republican majority'” Texas Tribune |
TX TRIB: “Texas GOP threatens House members who support Dustin Burrows in speaker race with attack mailers” Texas Tribune |
DMN: “Texas lawmakers under pressure to enact toll reform” DMN ($) |
SAEN: Editorial: “$300M needed to fix Texas Medicaid application system” SAEN ($) |
FW REPORT: “Tarrant agency takes first step toward selling 100+ acres Panther Island developers” FW Report |
FW REPORT: “Bell invests $632M in Fort Worth aviation manufacturing, job creation” FW Report |
SAEN: “SpaceX completes 3 rocket launches, one landing in 22 hours” SAEN ($) |
SAEN: “Gunter Hotel in downtown San Antonio getting $50M renovation” SAEN ($) |
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> TX TRIB: "A school voucher program in Texas is more likely than ever. Can lawmakers craft a bill they agree on?" TX TRIB
> TX TRIB: "Texas school districts asked to return $16 million in federal funding for special education services" TX TRIB
> DMN: "Robert Roberson subpoenaed to testify at Texas Capitol" DMN
> AP: "Texas lawmakers issue new subpoena for death row inmate Robert Roberson’s testimony" AP
> HOU CHRON: "Chip Roy is coming for the federal budget. Will Republicans go along?" HOU CHRON
> TX TRIB: "Trump’s promise of mass deportation throws undocumented Texans into fear, uncertainty" TX TRIB
> FWST: "Jailer killed by inmate in ‘heinous, horrific, purposeful murder,’ Texas sheriff says" FWST
> TX TRIB: "Texas has big goals for college completion. In places like the Coastal Bend, how to get there is still murky." TX TRIB
> DMN: "Billionaire wants Highland Park, Texas rules changed for taller mansion" DMN
> DMN: "Olympic gymnast Hezly Rivera, 16, celebrates holidays in Plano" DMN
> AP: "US border facilities for migrant children are improving but still need work, court monitor says" AP
> HOU CHRON: "Burger Joint supports new Montrose library following Whitmire’s complaints" HOU CHRON
> FWST: "Dad sets house ablaze with his 3 kids inside, trapping 3-year-old, Texas cops say" FWST
> HOU CHRON: "These four charts show how Harris County loses while landlords cash in on a legal loophole" HOU CHRON
> KXAN: "Lawmakers to examine Texas truancy data collection after KXAN investigation" KXAN
> COMMUNITY IMPACT: "Northwest ISD forecasts 21% enrollment growth by end of decade" COMMUNITY IMPACT
> TPR: "Expanding college financial aid will help Texas meet workforce needs, new higher ed chief says" TPR
> TPR: "How the holidays could be affecting your medical care" TPR
> VALLEY CENTRAL: "FAA approves seventh launch of Starship at Boca Chica" VALLEY CENTRAL |
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Last night's Texas sports scores:
> NCAAM: #18 UCLA 111, Prairie View A&M 75
> NCAAM: Lamar 69, Southern Miss 65
> NCAAM: Houston Christian 74, LA Monroe 68
> NCAAM: Boise State 82, Texas Southern 51
Today/tonight's Texas sports schedule:
> 11am: NCAAM: Southwestern Adventist at Texas A&M-Corpus Christi (ESPN+)
> 11am: NCAAM: Abilene Christian at East Texas A&M (ESPN+)
> 6:30pm: NHL: Toronto at Dallas (ESPN+)
> 6:30pm: NCAAM: Southern Utah at UT-RGV (ESPN+)
> 7pm: NCAAM: Toledo at #15 Houston (ESPN+)
> 7pm: NCAAM: Mississippi State at North Texas (ESPN+)
> 7pm: NCAAM: Tarleton State at Oklahoma State (ESPN+)
> 7pm: NCAAM: Evansville at UT-Arlington (ESPN+) |
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