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Update: That evidence has now exonerated and cleared Daniel Perry at trial on the Deadly Conduct as well.
In 2021, Travis County District Attorney José Garza prohibited me from presenting to Grand Jury exculpatory evidence that directly and unequivocally refuted the Agg. Assault - MV and Deadly Conduct indictments later returned.
In 2023, that evidence exonerated and cleared Daniel Perry at trial on the Agg Assault - MV.
Next week, Perry faces trial in Travis County Court #8 for Deadly Conduct.
A misdemeanor charge that is 6 years in the making.
The evidence DOES NOT support the Deadly Conduct indictment either.
The extracted data from Perry's cellular telephone clearly establishes that he did not place protesters illegally obstructing the roadway on Congress Avenue in imminent danger of serious bodily or death by texting. An element of the bogus indictment.
I have known this for YEARS.
Travis County District Attorney José Garza has known this for YEARS.
In addition to the extraction data, I told him so myself on January 19, 2021.
Long before the indictment.
Rather than dismiss, County Attorney Delia Garza is moving forward with the malicious prosecution on his behalf.
I fully expect the County Attorney to play to the jury on emotion by taking social media out of context rather than arguing actual evidence. I've seen this play out before.
The prosecution of Daniel Perry is not about justice. It never has been.
Bookmark.
@realmitchlittle @EllenTroxclair
David Fugitt retweeted
PLEASE SHARE:
So much for journalistic integrity.
The Austin American-Statesman published an article about me without ever contacting me. Instead, the paper interviewed DA @JosePGarza, and gave him carte blanche, while leaving critical facts and judicial findings out of the story. Does that sound like journalism to you?
I spoke with reporter @EvaRuth. She made one minor correction but left the other factual issues unaddressed.
Here are just some of the facts the article failed to adequately address:
Four witnesses testified at trial that Sgt. Polanco did not interrogate Allen Causey or take his confession. Polanco wasn’t even involved in the confession, according to the trial testimony. The reporter herself appeared surprised by this basic fact, which is documented in the trial transcript and which I’ve known for more than 35 years. Yet this article implies that the confession occurred due to Polanco. Misleading, to say the least, and utterly dishonest.
Causey’s own lawyers eventually dropped the Polanco issue, making its prominence in this article even more baffling.
Causey also confessed to multiple witnesses. And Judge Chantal Eldridge identified 17 pieces of inculpatory evidence against him, explicitly stating that innocence had not been established. Not a word about that in this article.
The Court of Criminal Appeals ordered a new trial, but a new trial is not an exoneration. The ruling did not establish Causey’s actual innocence. The courts’ findings are critical context that readers deserve to know. In their findings, the court explicitly stated that innocence was not established. Not a word about that in this article.
Yet Garza’s innocence fairy tale remains in the story, leaving readers with the impression that Causey’s innocence has been established simply because Garza says so. The problem? The courts said quite the opposite. A new trial is not an exoneration, and the article’s failure to convey that distinction leaves readers with a profoundly misleading account of what actually happened.
I responded with the facts. The Statesman issued a correction, but it addressed only a small portion of the problems with the article.
I asked Eva for the names and numbers of her editor and the managing editor, and she was less than forthcoming. I guess that’s how it goes with the @statesman these days. What a shameful disservice to Anita Byington, to what she endured, and to her memory, which is all we have left of her.
Travis County DA José Garza says a new Abbott campaign ad omits that the Court of Criminal Appeals overturned Allen Causey’s conviction. statesman.com/news/local/art…
David Fugitt retweeted
Some startling data I received from Juvenile Probation Officials:
The number of juveniles ordered to wear ankle monitors has tripled since 2020
Juveniles committing a new felony while on EM increased over 50% since 2020
111 juveniles removed their ankle monitors in 2025
David Fugitt retweeted
What a dishonest in intent, play on semantics.
The claim was that the DA/CA office refuses to prosecute certain types of crimes.
The answer (in paraphrase): I never stopped ("prevented") those cops from arresting people!
@Cleo_Petricek @MattMackowiak @ToddJeffries @johnnyk20001
David Fugitt retweeted
Today we honor Police Officer Thomas Allen, Austin's second Black police officer. He was fatally shot by the editor of a Black newspaper in San Antonio after a confrontation at a wagon yard about articles alleging mistreatment of women during arrests.
The court cited that Daniel Perry was on trial and not the protesters. True, but they should have been.
David Fugitt retweeted
Yesterday’s Jury verdict acquitted Daniel Perry of the charge of Deadly Conduct. We are thankful that this long journey to justice is finally over. Here is a portion of the scientific evidence our team presented to show Daniel was not reckless; his car was traveling less than half the speed limit as he made the turn from 4th St onto Congress Ave where he encountered the illegal protestors.
David Fugitt retweeted
Replying to @Homicide_One @AustinJustice
Deaths from fentanyl are all homicides according to Texas law. Almost none of these are being counted.
David Fugitt retweeted
Who would have thought that locking up criminals actually works in reducing homicides and crime. Austin/Travis County prosecutors deliberately refuse to lock up violent criminals and endanger the public and they themselves are public enemy #1.
Oakland CA is on pace for its fewest killings in nearly 60 years.
On pace for 41 homicides vs 126 just a few years ago.
Homicides, robberies, and burglaries are down 25% vs last year.
Police cleared 95% of homicide cases in 2025.
What changed?
In November 2024, Alameda County voters recalled District Attorney Pamela Price, who had directed prosecutors to avoid sentencing enhancements in most cases. (Unfortunately, DA recalls are not an option in Texas.)
Oakland also brought back a program that targets the small number of repeat offenders.
The police chief also credits license plate readers (e.g., Flock) with a significant drop in robberies.
David Fugitt retweeted
Replying to @DouglasOConnell
@DouglasOConnell and his team prevented a miscarriage of justice through tireless effort and strengthened the legitimacy of the criminal justice system.
David Fugitt retweeted
The @CLEAT legal team is on the scene assisting our members with an officer involved shooting. Multiple officers sustained injuries…Prayers needed as we’ve lost a deputy in the line of duty 🙏
David Fugitt retweeted
I appreciate @hollyshansen and @TheTexanNews for the thoughtful questions on this critical issue. Texans deserve the truth about who is influencing decisions about prosecution. More to come. #txlege
Interview: Speaker Burrows Says Texas House to Investigate Truthfulness of Testimony from Travis County DA's Office thetexan.news/issues/crimina…
David Fugitt retweeted
Must watch new video about what's next for Austin.
Like + share for a special surprise...
#SaveAustinNow #PropositionI #OurTurnAustin – at Austin, TX
David Fugitt retweeted
Replying to @chrisharris904
The Michael Morton case once stood as the best example of prosecutorial misconduct. No more.
What is occurring in Travis County right now is far more egregious.
I know. I testified at trial in affirmation of Michael Morton's innocence and continue to witness first hand the persecution of Daniel Perry through malicious prosecution.
Thirst for indictment and conviction drowns out proof of innocence.
David Fugitt retweeted
AUSTIN MAN told a UT student he'd kill her if she dated black men, punched a woman's SUV hard enough to leave a foot-wide dent while she sat inside, and threw rocks and bricks at parked cars -- all in the last five months.
His longest sentence in 15 cases across two years was 100 days.
At Central Market, a witness said Russell Hardin threatened a child for the kid's sweatshirt and threatened to stab a man over a jacket. He was charged only with running from police. Prosecutors dismissed it.
He elbowed through a treatment center's front window and shoved a stone flower pot down the back steps. Also dismissed.
He was indicted for burglary, released on a personal bond, and skipped court. The felony was punished as a misdemeanor and that’s the one he only got 100 days for.
He took a four-pack of Sutter Home from Target and drank it. Charged as a felony because of his prior thefts. A grand jury declined to indict.
In April, police say he threw a wooden plank through a Ford Explorer's back window, a day after being arrested for throwing bottles and pipes at cars. Got 30 days.
After the threat against the UT student, his bond went from $10,000 to $1 and the case was dismissed.
A week later came the SUV punch, followed by a punch to a man's Hummer. Bond cut to $1 with prosecutors' agreement. 20 days in jail, time served.
In July, another theft. Filed as a felony, prosecutors knocked it down to a misdemeanor.
In August, he scrawled "RELFECTION TIME BRO!" on a rock at a food truck lot. Prosecutors dismissed it. Days later, he slammed a computer monitor face down in an apartment lobby. 20 days for that.
On September 28, he threw rocks and bricks at parked cars, cracked a windshield, and hurled racial slurs at a construction worker. Officers found him shirtless and drunk a block away. He's now charged with felony harassment of a public servant.
Courts have ordered mental health evaluations again and again. Needless to say, none of it has kept him off the street.
David Fugitt retweeted
Today we honor two brave souls. Sgt. William Stuart was struck by a vehicle while attempting to apprehend a speeder in the 1800 block of Congress Avenue. Lt. Clay Crabb was killed in a collision on U.S. Hwy 290 while en route to check low water areas during heavy rain.
David Fugitt retweeted
Prior felony convictions, including robbery. Already wanted for an armed robbery days earlier.
Arrested for a downtown bank robbery 1 minute 54 seconds after the call.
Our officers keep catching them. The real question is why they keep getting back on the street.
#ATX































