Perry was pardoned by Texas Gov. Abbott in 2024 after he was convicted of murdering a protester.

AUSTIN, Texas — A Travis County judge has declared a mistrial in the misdemeanor deadly conduct case of Daniel Perry, a Texas man who was pardoned by Gov. Greg Abbott in 2024. 

Perry returned to court in Austin on Monday, with jury selection set to begin in his deadly conduct trail. But according to Doug O’Connell, Perry’s attorney, Judge Carlos Barrera declared a mistrial because they were unable to seat a jury. 

The deadly conduct case is separate from the murder charge Perry was convicted on in 2024, in connection with the shooting death of a “Black Lives Matter” protester Garrett Foster during a Downtown Austin demonstration in 2020. The governor later pardoned Perry, and he was released from prison. 

Prosecutors have argued on the night of the shooting, Perry endangered other people by driving his car into a crowd of protesters who were marching downtown. Perry’s attorneys have pushed for dismissal, saying prosecutors can’t point to specific people who were in danger and that Perry shouldn’t be tried twice for the same conduct. 

They also filed for a change of venue last year, but the judge denied that. 

The case is scheduled to resume Oct. 19. Â