Austin, TX – First Cavalry Army Sgt Daniel Perry has been indicted for murder in the shooting of Garrett Foster in July of last year. Foster, who was participating in a BLM protest, approached the Sgt’s vehicle with a loaded AK47. Perry shot him.
A Grand Jury indicted Daniel Perry on July 1 for murder, aggravated assault with a deadly weapon, and deadly conduct. He was arrested and released on $300,000 bond.
The issue in this case is whether Garrett Foster pointed his gun at him. Originally, multiple witnesses said he did. Now, with the Grand Jury investigation, that was called into question.
Sgt. Perry again simply asks that anybody who might want to engage in a hindsight review of this incident picture themselves trapped in a car as a masked stranger raises an AK-47 in their direction and reflect upon what they might have done if faced with the split-second decision he faced that evening
Defense attorney Clinton Broden (KWTX)
As we previously reported, protesters surrounded his’s vehicle and began pounding on it. When Foster approached his vehicle, the Sgt initially thought the man was law enforcement, so he rolled down his window.
“The attorney claimed that Perry had dropped off a fare moments [before] and was waiting for more clients when he encountered the BLM protest. When Perry had turned on the city’s Congress Avenue, “several people started beating on his vehicle,” Broden said. “An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window,” Broden said, explaining that Perry believed the person was with law enforcement. “After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry,” Broden said.” New York Post
Prosecutor Jose Garza requested that as a condition of his release, Perry be required to surrender his weapons.
This does not appear to be a case of wanton murder or even aggravated assault. Another protester also shot at Perry’s vehicle, and that person was detained but not arrested. Was it self-defense? Was it an irrational shooting?
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