Army Sergeant Daniel Perry Admits To Shooting Protestor To Death In Austin, No Charges And No Arrest Made

A U.S. Army sergeant reveals that he is the person who shot and killed #BlackLivesMatter protestor Garrett Foster who was pushing his disabled fiancé in a wheelchair in downtown Austin, Texas.

Sergeant Daniel Perry, an eight-year veteran, admitted to shooting Foster that tragic Saturday night, but he says it was in self-defense, according to a law firm representing him. Perry has yet to be arrested or charged, according to CBS News. The outlet reported that Foster was shot by a motorist who was turning onto the avenue where the protest was taking place.

A person called police on Sunday and told them they shot someone at a protest who came up to their vehicle with a rifle and pointed it at them. The person was then brought in for questioning, along with another person who told police they fired back at the vehicle as it drove away. Attorney Clint Broden, of  Dallas-based Broden, Mickelsen, LLP, said Perry was driving for a rideshare company late Thursday night when he turned onto Congress Avenue and “encountered a throng of people in the street.” Broden claims that Perry knew nothing about the protest. Broden added that “several people started beating on his vehicle” once he made the turn.

Broden says, at that point, someone carrying a rifle “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.” He continued, “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 rideshare program, fired on the person to protect his own life.”

Broden went on: “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,” Broden said.”… 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.”

However, one of the demonstrators who witnessed the incident that night said that Perry was “internationally aggressive.” “The thing I want to make extremely clear … (is that) the driver intentionally and aggressively accelerated their vehicle into a crowd of people. That is extremely clear. … He incited the violence. Period,” said  James Sasinowski, told Chris Cuomo on Monday. Independent journalist Hiram Gilberto Garcia said he interviewed Foster before the fatal shooting; he said Foster confirmed he was carrying an AK-47. “They don’t let us march in the streets anymore, so I’ve got to practice some of my rights,” Foster allegedly said.

CBS reports that it is legal to carry a weapon in public without a permit as long as it is not done in a “manner calculated to alarm.” No arrests or charges have been made in connection to the shooting.