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Fort Hood soldier who fatally shot Austin protester Garrett Foster claims self defense, attorney says

daniel perry
Posted at 12:22 PM, Jul 31, 2020
and last updated 2020-07-31 15:49:48-04

The attorney representing the man who shot protester Garrett Foster in Austin has identified his client as Daniel Perry, an Army sergeant from North Texas.

Clint Broden from Broden & Micklsen issued the statement revealing the identity of Daniel Perry on behalf of their client.

Fort Hood officials confirmed to 25 News that Sgt. Perry is stationed at Ford Hood.

The attorney says Perry’s reason for shooting at Foster was because he felt like his life was threatened and acted in self-defense.

Broden said Perry had just dropped a passenger off near Congress Avenue in downtown Austin and was waiting for more clients when he encountered the group of protesters.

According to the press release, "when Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. 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 says Sgt. Perry initially believed the person was associated with law enforcement and complied with the command.

Perry fired his handgun after Foster had raised his assault rifle toward him, according to the press release. "It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life."

Immediately after Sgt. Perry fired on the individual who raised the assault rifle toward him, a member of the crowd began firing on Sgt. Perry’s vehicle, according to Perry's attorney.

Austin Police Chief Brian Manley said Garrett Foster, 28, was shot and killed as demonstrators marched through downtown Austin.

The attorney from Sgt. Perry says his client never left his vehicle preceding or immediately following the shooting and that Sgt. Perry did not “flee” but immediately called police upon getting to safety.

"Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr. Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts."

In an interview with ABC’s “Good Morning America,” Sheila Foster said Garrett was her son and he had been a regular at the protests with his fiancée.

“They’ve been participating in these protests almost every day for the past 50 days,” she said.

Sheila Foster said she was told her son was pushing his fiancee, who uses a wheelchair, through an intersection when the suspect was driving “erratically” through the crowd. She said she was told the driver shot her son three times.