U.S. Army Sergeant Daniel Perry was sentenced to 25 years in prison on Wednesday for killing a man participating in the Black Lives Matter riots of 2020, even as Texas Governor Greg Abbott seeks to secure his release.

Perry, 35, faced a potential sentence ranging from five to 99 years for fatally shooting Garrett Foster, a 28-year-old Air Force veteran, during a Black Lives Matter riot in Austin, Texas that took place two months after the killing of George Floyd in Minneapolis.

As the sentence was read, Perry, wearing a jail uniform with black and gray stripes, found himself overwhelmed with emotion, placing his head in his hands and shedding tears. His attorney confirmed their intention to lodge an appeal against the verdict.

Perry’s defense team advocated for a 10-year sentence, emphasizing his lack of criminal record, psychological issues such as complex post-traumatic stress disorder, and character testimonials from fellow military colleagues.

Meanwhile, the prosecution pressed for a minimum 25-year prison term, citing Perry’s history of inflammatory social media posts preceding the shooting. Prosecutors further asserted that the defense’s own evaluation of Perry’s mental disorders and mindset portrayed him as a “loaded gun ready to go off.”

Foster’s mother Sheila celebrated the ruling from District Court Judge Clifford Brown after the sentencing. “Finally, after three long years, we’re finally getting justice for Garrett,” she said. “I pray to God that one day he will get rid of all this hate that is in your heart.”

Garrett Foster’s younger sister, Anna Mayo, responded to the sentence by remembering her “big brother” who she claimed “protected her from everything.”

“Daniel Perry is now a convicted murderer for killing my brother Garrett Foster. Now that I see the man in front of me, to say that I’m unimpressed is an understatement,” Mayo said. “What I can say is when I look at you, I see a very small man who used his military status as a means to kill. I do not see any honorable traits, and I see no remorse for what you’ve done. You can’t even look at my family.”

“There are so many people broken and hurting because of your decision to kill Garrett,” she added. “I am really proud that I got to be Garrett Foster’s sister.”

Following a lengthy 17-hour deliberation last month, the jury dismissed Perry’s self-defense argument and delivered a guilty verdict on a single count of first-degree murder. However, they acquitted him of one count of aggravated assault with a deadly weapon. A misdemeanor charge of deadly conduct against Perry remains unresolved and pending.

However, Texas Governor Greg Abbott has previously promised to vacate Perry’s sentence, although he does not singularly have the power to do so. Instead, he will require a recommendation from the state’s Board of Pardons and Paroles.

“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or progressive District Attorney,” he wrote on Twitter last month. “Unlike the president or some other states, the Texas Constitution limits the governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles. Texas law does allow the governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon.”

“I have made that request and instructed the Board to expedite its review,” he continued. “I look forward to approving the Board’s pardon recommendation as soon as it hits my desk.”

I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry. pic.twitter.com/HydwdzneMU

— Greg Abbott (@GregAbbott_TX) April 8, 2023