Army Sergeant Indicted On Murder Charge In Austin Activist Death

Austin TX

01 July, 2021

5:04 PM

Description

AUSTIN, TX — A Travis County grand jury has indicted an active-duty former Fort Hood Army sergeant on charges of murder, deadly conduct and aggravated assault in the July 2020 shooting death of 28-year-old Garrett Foster, according to the Austin American-Statesman. Sgt. Daniel Perry turned himself into the Travis County Jail at 2:21 p.m. Thursday and was released about 15 minutes later on $300,000 bail, the newspaper reports. Perry's attorney told the Statesman Perry was defending himself when he shot Foster and "expressed disappointment" that his client was charged. MORE BACKGROUND: Travis County Grand Jury To Decide Charges On Garrett Foster Case Foster's death brought national attention and deepened debates over issues, such as protester safety, self defense and the right to openly carry guns. The 28-year-old was an Air Force veteran who is remembered by family and friends as a man who exercised his Second Amendment rights, stamping out racial injustice and caring for his fiancée. According to a Patch July 2020 article, Foster was carrying an AK-47-style rifle as he protested against police brutality. The assault-style rifle is legal under Texas' open carry laws. A driver, who was later identified as Perry, pulled onto Congress Avenue and 4th Street where a throng of protesters had gathered, honking the horn loudly on approach. Video shared on social media showed protesters descending on the car. Police previously said Foster pointed his rifle at the driver, prompting the motorist to fire his handgun. A person in the crowd then retrieved his own concealed handgun, firing at the driver as he fled the scene, Patch reported at the time. It remains unclear if Foster indeed pointed his rifle at Perry; however, an attorney for Perry has said that police have interviewed several people who corroborated his client's account that Foster pointed the gun at him. Travis County District Attorney Jose Garza plans to host a news conference at 5:30 p.m. Thursday in downtown Austin to add more details regarding the case.