District Judge Clifford Brown is expected to announce his sentence on Wednesday morning for Daniel Perry in the shooting death of Austin protester Garrett Foster in 2020. But if Gov. Greg Abbott pardons Perry, as he has vowed to do, then Perry may serve little time.

A jury found Perry, 36, guilty on April 7 of murder. Perry, an Army sergeant, was working as an Uber driver in Austin when he ran a red light and turned into a Black Lives Matter march on July 25, 2020. He told police that Foster, 28, approached his car with a raised AK-47, so he shot Foster, 28, five times with a handgun and then drove away.

Amid Gov. Abbott's pardon vow, prosecutors ask judge to sentence Daniel Perry to 25 years

Prosecutors have said that Perry instigated the incident by running a red light at Fourth Street and Congress Avenue, where he could clearly see the marchers before he drove into them. Perry also posted racist comments and memes denigrating Black people on social media, prosecutors said.

A prosecutor on Tuesday asked the judge to sentence Perry to at least 25 years in prison, saying Perry was a "loaded gun" who could harm other people. A psychologist had testified on Tuesday that Perry was autistic and had post-traumatic stress disorder.

Defense lawyers asked the judge to sentence Perry to 10 years, saying he was an Army veteran with no criminal history and not the racist that prosecutors claimed him to be. A Black defense witness who served with Perry in the Army said Perry was like a brother to him and often helped him.

'I am a racist': Daniel Perry's social media posts reveal racist comments, anti-protester views

Abbott posted on Twitter on April 8, one day after Perry was convicted, that he would pardon Perry as soon as a request "hits my desk." He cannot pardon Perry unless he receives a request from the Board of Pardons and Paroles to do so.

Abbott faced growing calls from national conservative figures such as then-Fox News host Tucker Carlson and Kyle Rittenhouse, who was acquitted in the shooting deaths of two Wisconsin protesters in 2020, to act to urgently undo the conviction.

More: Gov. Greg Abbott announces he will push to pardon Daniel Perry after murder conviction

“Texas has one of the strongest ‘Stand your ground’ laws of self-defense that cannot be nullified by a jury or progressive district attorney,” Abbott said in a statement. “I will work as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”

The Board of Pardons and Paroles is considering Perry's case.

This article originally appeared on Austin American-Statesman: Judge to sentence Daniel Perry in death of Austin protester Foster