AUSTIN (Talk1370.com) -- An active duty Fort Hood Army sergeant has been indicted by a Travis County grand jury in connection with the July 2020 shooting death of a protester in downtown Austin.
Sgt. Daniel Perry turned himself in to the Travis County Jail just after 2:15 p.m. Thursday afternoon, and was released a few minutes later after posting a $300,000 bond. He's facing felony charges of murder and aggravated assault with a deadly weapon, and a misdemeanor deadly conduct charge for the shooting death of 28-year old Garrett Foster.
“Our hearts go out to all of those impacted by this immeasurable loss, in particular Mr. Foster’s family and friends,” Travis County District Attorney Jose Garza said. “We take our responsibility to present in front of the grand jury very seriously and in this case our office presented an extensive collection of evidence to the grand jury for their consideration.”
According to his attorney, Clint Broden, Perry was driving for a ride-sharing company and had just dropped off a client in downtown Austin prior to the shooting. After turning right onto Congress Avenue, he encountered a large group of protesters. According to Perry, Foster approached his vehicle carrying an assault-style rifle, at which point Perry fatally shot him in self-defense.
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Broden released the following statement regarding the charges against Perry:
"Of course, we are disappointed with the indictment against Sgt. Perry. Nevertheless, it is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction. Also, the District Attorney’s Office is able to pick and choose the evidence it presents to the Grand Jury and it is not required to tell the grand jury about any evidence favorable to the accused. In fact, in this case, the District Attorney’s Office refused to allow Mr. Perry’s defense attorneys to make a written presentation to the Grand Jury considering Mr. Perry’s case. This refusal is unusual in Texas and begs the question of why the District Attorney’s Office would not allow this. We understand the political motivations of the District Attorney, however, when this case is presented to a jury at trial and the jury gets to hear all the evidence instead of a one-sided presentation, we have every confidence that Sgt. Perry will be acquitted."
"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."
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