DALLAS (NewsNation) — The Texas Board of Pardons and Paroles has received Texas Gov. Greg Abbott’s request to pardon a U.S. Army sergeant convicted in the 2020 killing of an armed protester.

Sgt. Daniel Perry faces up to life in prison after being convicted last week in the fatal shooting of 28-year-old Garrett Foster, who had been legally carrying an AK-47 during a protest through Austin’s downtown while marching with demonstrators over police accountability and racial injustice.

Over the weekend, Abbott made clear he wants the board to recommend pardoning for Perry as soon as possible, which some attorneys say is unprecedented in part because Perry hasn’t yet been sentenced.

The case will go to sentencing Tuesday.

Foster’s fiancee, Whitney Mitchell, was with him that night in July 2020.

“I was disgusted, and it was shocking to see that after everything that me and Garrett’s family have been through,” Mitchell said in response to Abbott’s request. “I was really eager to seek justice and just for all of that to be taken away is extremely horrifying.

In his request, Abbott cites Texas’ stand your ground laws.

Both men were armed and Perry maintains he shot in self-defense.

At trial, defense attorneys claimed Perry felt threatened when his car was surrounded by demonstrators, including Foster, who was armed with an assault-style weapon.

Foster never fired. Defense attorneys said Perry shot in self-defense, but a jury chose to convict on murder.

“The focus of the defense team is on the upcoming sentencing hearing and marshaling evidence related to Sgt. Perry’s character and his service to our country as a member of our military for the past 12 years,” Clint Broden, Perry’s attorney, said in a statement to NewsNation.

Broden said the pardon process is out of their control and they haven’t been involved. He said many people have reached out and requested to speak on Perry’s behalf at sentencing.

Officials haven’t announced yet how long the board’s investigation will take.