(NewsNation) — A convicted murderer whom Texas Gov. Greg Abbott is seeking to pardon is scheduled to be sentenced Tuesday morning.

U.S. Army Sgt. Daniel Perry faces life in prison for shooting and killing Black Lives Matter demonstrator Garrett Foster in Austin in July 2020, at the height of the protests over the killing of George Floyd.

Perry was driving for Uber when he was swarmed by protesters. He said he fired at Foster after he felt threatened when Foster came up to his car carrying an assault-style weapon.

On Friday, a jury found Perry guilty.

“We’re happy with the verdict,” Foster’s father Garrett said. “We’re very sorry for his family as well; there’s no winners in this.”

But less than 24 hours after the verdict, Abbott announced on Twitter he was already pressing the Texas Board of Pardons and Paroles to recommend a pardon. Under the Texas Constitution, the board must first recommend a pardon before the governor can grant it.

Attorney and former Travis County Assistant District Attorney Rick Cofer says Abbott’s request is premature and undermines the state’s legal process.

“A pardon from the governor is more rare than winning the lottery or being struck by lightning,” he said. “Daniel Perry hasn’t even been sentenced yet. He’s not even at this moment eligible for a pardon from the governor. Even to apply for a pardon requires final certified copies of judgment and sentence.”

Abbott’s push for Perry’s freedom also being met with praise, such as from Republican Congressman Ronny Jackson who said Perry had a right to defend himself.