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The Case Against The Man Who Fatally Shot Garrett Foster Will Go Before A Travis County Grand Jury

Mourners and supporters light candles at Congress Avenue and Fourth Street during a vigil for Garrett Foster, who was shot and killed on July 25 at a Black Lives Matters protest.
Michael Minasi
Mourners light candles during a vigil for Garrett Foster, who was shot and killed at a Black Lives Matters protest July 25.

A case against Army Sgt. Daniel Perry, who drove into a Black Lives Matter protest last year and fatally shot a demonstrator, will go before a Travis County grand jury in the next few weeks, the district attorney announced Friday.

Garrett Foster approached Perry's car after he drove into the crowd demonstrating against police violence and systemic racism on July 25. Perry fatally shot Foster from the car near the intersection of Fourth Street and Congress Avenue. Perry turned himself in to police and was released shortly thereafter.

Witnesses told KUT's Mose Buchele that Perry swerved into the crowd and nearly hit the group of protesters. Perry's attorney maintained his client, who was working for a ride-hailing company, fired on Foster "to protect his own life" and that the crowd attacked his car. Foster was carrying a long gun and escorting his fiancée, who uses a wheelchair.

In his announcement Friday, District Attorney José Garza said his office will present the case "in the next several weeks."

"[T]he grand jury will determine whether a criminal case should move forward," he said. "Coming to a decision in these cases can be particularly challenging, and we are grateful to the grand jury for their service and commitment to considering all evidence and law."

Perry's attorney said he was not surprised the case was going to a grand jury given the pressure put on the DA. But, he said he had confidence in the grand jury.

"To be clear, Mr. Foster’s death was tragic and Sgt. Petty sympathizes with the loss suffered by Mr. Foster’s family," Clint Broden wrote in a statement to KUT. "Nevertheless, this does not change the fact that Sgt. Perry acted in self-defense on July 25, 2020 after Mr. Foster, for whatever reason, began raising his assault rifle at Sgt. Perry."

Corrected: April 20, 2021 at 11:44 AM CDT
A previous version of this story incorrectly said Daniel Perry was a former Army sergeant. He is still in the military.
Andrew Weber is a general assignment reporter for KUT, focusing on criminal justice, policing, courts and homelessness in Austin and Travis County. Got a tip? You can email him at Follow him on Twitter @England_Weber.
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