Mediaboss Marketing

Dozens of people are set to testify during a trial of an ex-Fort Hood soldier who is accused of shooting and killing a Black Lives Matter protester in downtown Austin nearly three years ago.

Sgt. Daniel Perry, 35, who was stationed at Fort Hood at that time, was working as a rideshare driver on the night of July 25, 2020, when during a Black Lives Matter protest, he shot and killed 28-year-old Garrett Foster. Foster was armed with an assault-style rifle at the time.

Well start picking a jury on Monday unless something happens between now and then, said Clint Broden, Perrys defense attorney who spoke with the Herald this week. Sgt. Perry is looking forward to clearing his name and being vindicated.

Travis County court records show the trial is set to begin on Monday in the 147th Judicial District Court, over which Judge Cliff Brown presides. Perry is charged with murder and a second-degree felony charge of aggravated assault with a deadly weapon, court records show.

He is no longer stationed at Fort Hood.

The Army moved him to Alaska for his own safety, Broden said.

In addition to the criminal case, Perry also is facing a civil lawsuit filed last May in state district court. Fosters family filed the lawsuit against Uber and Perry that has not yet been resolved.

Foster was an Air Force veteran who was a full-time caretaker for his fiancee who is confined to a wheelchair, according to previous reporting by the Austin American-Statesman.

SELF DEFENSE?

Witnesses told police that a man, who now is known to be Perry, drove through a crowd of protesters but did not strike anyone gathered for the Black Lives Matter protest in downtown Austin on July 25, 2020. People in the crowd including the man now known to be Foster then surrounded his vehicle. Foster approached his driver side window and motioned with an assault-style rifle for him to roll the window down, Broden said, previously.

Broden said hid client initially believed the person was associated with law enforcement and complied with the command. However, Perry soon realized that the person was not a police officer.

Foster allegedly pointed the rifle at Perry, who then shot him out of fear for his life, according to the attorney. Perry was then shot at and immediately drove to safety and called the police.

Some witnesses at the scene told police that Foster did not point his rifle at Perry, according to Statesman reports, but ultimately it will be up to a jury to decide on the evidence.

A jury will be deciding this case in the safety and comfort of a courtroom, but if they can put themselves in Sgt. Perrys place and understand what it felt like for a mob to surround his vehicle, pounding on it, and then a masked man comes charging up with an assault rifle, Broden said. Sgt. Perry used a handgun to protect himself because he couldnt move his vehicle and that made him a sitting duck. I think any fair-minded person would have done the same thing.

Court records show that subpoenas have been issued by the state and the defense to at least 100 people, including many members of the Austin Police Department and protesters who were at the scene.

These protesters did similar things to other people during that same timeframe, Broden said. About three weeks prior, a mob surrounded the car of Logan Buckman (who has been subpoenaed to testify) and he pulled out a handgun to defend himself from the mob attacking his car. No one approached his car with an assault rifle so he was able to get away.

Perry was indicted on July 1, 2021, on charges of murder, aggravated assault and deadly conduct. Although initially charged as a felony, on July 16, 2021, the deadly conduct charge was transferred to county court, which decides misdemeanor cases. Following the indictment, Perry turned himself in to the Austin Police Department and was released the same day after posting a $300,000, bond, according to the Statesman.

Read more from the original source:
Trial set to begin in case of soldier accused of murdering BLM protester - The Killeen Daily Herald