Army Sgt. Perry was driving for Uber, not looking for trouble, when he shot BLM protestor Foster, attorney says

Daniel Perry, the active-duty Army sergeant who says he shot Black Lives Matter protester Garrett Foster in self-defense, was driving for Uber when he accidentally encountered the demonstration on the night Foster was killed, his attorney said Monday.

Perry, who is stationed in Killeen and only allowed to travel 100 miles from base, was not in Austin that night to attend the demonstration, attorney Clint Broden said, but because it "was the closest location that had significant ridesharing customers."

Broden also shared a redacted version of Perry's bank statement that shows two deposits from Uber that he said correlated to runs in Austin that night. Perry has been ordered to remain on base since the shooting, Broden said.

"We hope this puts to rest the allegations that Sgt. Perry traveled to Austin for any nefarious purpose," he said.

Some, including Foster's mother, have pointed to Perry's since-deleted Twitter account as evidence that he disagreed with BLM protesters and showed up at the rally to cause trouble.

The release was accompanied by six photos showing what the attorney described as the damage inflicted on Perry's car by protesters, including a bullet hole.

After Perry shot Foster, who was carrying an AK-47 and whom Perry claims was raising his rifle "in a direct threat to [his] life," another person in the crowd shot at Perry's vehicle, according to police. That person has not been publicly identified. Like Perry, he or she had a concealed carry license and was questioned and then released by the Austin Police Department.

Protesters arrested

On Saturday, in the wake of Foster's death and the release of Perry's name the day before, protesters and law enforcement clashed in demonstrations near downtown. Austin police on Monday released the names of 40 people arrested at the protests. The most common charge was obstruction of a highway.

Perry's attorney shared photos that he says show damage inflicted by protesters 

Perry's lawyer claims this photo shows where the vehicle was scraped with a brick.

(Clint Broden)

This photo, the lawyer says, depicts bullet holes.

(Clint Broden)

Perry's lawyer claims this photo shows hood damage "identified by auto body shop as a result of banging."

(Clint Broden)

This photo, the attorney claims, shows a misaligned door where people hit the vehicle.

(Clint Broden)