Man who shot Garrett Foster claims self-defense, attorney says

Army Sgt. Daniel Perry

AUSTIN (Talk1370.com) -- The man who shot and killed Garrett Foster during a downtown Austin protest last Saturday has identified himself through his attorney.

According to the release, Daniel Perry, an active duty sergeant with the United States Army, said he fired at Foster "to protect his own life."

Perry is being represented by attorney F. Clinton Broden of the Dallas-based Broden & Mickelsen firm. Austin Police have not confirmed Perry's identity, or anyone else involved in the shooting other than Foster.

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According to the release, Perry was driving for a ride share company in order to earn extra money. He had dropped a client off in the vicinity of Congress Avenue and was waiting on a notification for his next passenger or delivery order.

"Sgt. Perry made a right onto Congress Avenue from Fourth Street and encountered a throng of people in the street," the statement reads. "Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place. 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. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command."

"After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement," Perry's statement continues. "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. 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. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and fully cooperated with the police following the shooting and he continues to do so."

The statement goes on to urge the public to allow police to conduct a full investigation, and aims to correct three points reported by some media outlets, according to Perry:

  • Sgt. Perry never left his vehicle preceding or immediately following the shooting
  • Sgt. Perry did not “flee” but immediately called police upon getting to safety
  • Police have interviewed witnesses who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perry’s life

"The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car," the statement concludes. "We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening."

Austin Police continue to call for eyewitnesses to come forward, including anyone with video or photos of the moments surrounding the shooting. Anyone with information is asked to call Crime Stoppers at 512-472-8477.