The Army sergeant convicted of fatally shooting a protester at a 2020 Black Lives Matter rally in Austin, Texas was sentenced to 25 years in prison Wednesday (May 10), but he could soon walk free if Texas’ governor has his way.

Travis County District Attorney José Garza accused Republican Gov. Greg Abbott of “inserting politics into this case,” and the trial judge has said convicted murder Daniel Perry had a fair trial, CBS News reports.

It’s up to the state’s Board of Pardons and Paroles to decide if Perry will receive a pardon based on the governor’s recommendation. It turns out Abbott, who is serving his third term in office, appointed the board members.

The Austin American-Statesman reports that Perry, 36, was working as an Uber driver in Austin when he ran a light and drove into a BLM march protesting police brutality in July 2020. He claimed that the victim, Garrett Foster, a 28-year-old White Air Force veteran, approached his car and raised a rifle. Perry said he shot Foster five times in defense with a handgun and drove off.

But a Travis County jury found Perry guilty of murder in April. They believed the prosecutor’s version of what happened. According to the prosecutor, Perry purposely ran the red light and drove into the marchers. Witnesses also testified that Foster never raised his weapon.

Perry’s defense team hoped to convince District Judge Clifford Brown to give him a 10-year sentence because of his military service and lack of a criminal record. But during the sentencing phase, the prosecutor presented damaging text messages and social media posts.

In a May 31, 2020 Facebook post, Perry wrote, “It is official I am a racist because I do not agree with people acting like animals at the zoo. I was on the side of the protestors until they started with the looting and the violence."

Just one day after the verdict, Abbott said he wanted to pursue a pardon of Perry.

"This is not a normal case," Garza said about Abbott’s vow to pardon Perry. "It is not a normal case, because in early April, the Texas governor made the decision to insert politics into this case."

While the judge didn’t remark directly about a pardon, he said  Perry had a "fair and impartial trial," adding that the jury's decision "deserves our honor and it deserves to be respected." according to CBS Austin.