Note: Updated with linked information about Perry's Tweets, comments from Foster's mother.
The man who killed Garrett Foster at a Black Lives Matter protest in downtown Austin last weekend revealed his identity and claims he fired his gun in self defense, according to a statement shared with Austonia by his attorney on Friday.
Daniel Perry, an active duty sergeant with the U.S. Army, was driving for a ride-hailing company when he encountered protesters at the corner of Fourth Street and Congress Avenue, according to the statement from Clint Broden of the Dallas firm Broden & Mickelsen.
Perry claims several people started beating on his car and that Foster, who was carrying an assault rifle, began to raise the gun toward him, prompting Perry to shoot the person "to protect his own life," per the release. Perry said in the statement he drove away and called the police.
Foster's mother, Sheila Foster, told the Austin American-Statesman that Perry went to the rally not by mistake, but "to hurt people."
In the report, she pointed to statements on Perry's now-defunct Twitter account as evidence that he disagreed with the BLM protesters.
But Broden told the Statesman the tweets show a man "agreeing with President Trump that there's a problem with violent protests" but who is "fully in favor of peaceful protests."
The Statesman reported that some 15 years ago, Perry pleaded no-contest and received probation for a 2005 misdemeanor assault against a family member in Addison, north of Dallas. He has no other arrests on his record, and Foster has no arrests, the report said.
After the shooting
After Perry shot Foster, another member of the crowd shot at Perry's vehicle, police have said.
Perry and the member of the crowd who discharged a handgun were questioned and released, according to APD. Both had concealed handgun licenses.
Perry's attorney claims witnesses who attended the protest told police that Foster raised his rifle "in a direct threat to Sgt. Perry's life." In a press release issued on Monday, APD said witnesses described several different versions of the incident.
The attorney did not specify which ride-hailing company employed Perry. Both Uber and Lyft prohibit drivers from carrying firearms while using the app, with some exceptions. It is unclear if those policies apply to active military personnel.
A spokesperson for Lyft said there are no records indicating Perry ever drove for the company. Austonia has reached out to Uber for comment.
Both Lyft and Uber prohibit drivers from carrying firearms while using the app, with some exceptions. It is unclear if those policies apply to active military personnel.In the absence of an arrest, charges or public naming of the shooter, speculation swirled in the six days since Foster's death.
APD released a statement on Thursday, before Perry was identified, attempting to quell rumors about his identity and why police had not identified or charged him.
"There are rumors circulating about the identity of those involved," it read. "What we can definitely say is that no one involved in this case has any connection to law enforcement agencies, including APD."
Asked by Austonia if that included familial connections to any APD employees or officers, a spokesperson for the department confirmed that "the people involved in the case have no nexus to APD in any way."
APD Statement on Garrett Foster Case pic.twitter.com/aQ8q4cU1Zx
— Austin Police Department (@Austin_Police) July 30, 2020
Additional reporting by Karen Brooks Harper.
- Austin protestor Garrett Foster killed by driver - austonia ›
- Key question in Garrett Foster's death is self-defense - austonia ›
- Garret Foster's death at an Austin protest Saturday night - austonia ›
- Austin protesters clash with police after Garrett Foster's death - austonia ›
- Perry was driving for Uber when he shot BLM protestor Foster, attorney says - austonia ›
- Austin's amateur sleuths spotlight police violence - austonia ›
- $8.5 million spent on housing for Army Futures Command leadership in West Austin - austonia ›
- Daniel Perry, who shot Garrett Foster, releases polygraph - austonia ›
- Army Sergeant Daniel Perry charged in shooting of Garrett Foster - austonia ›
Show your love for Tito's and for the community this year with a wide selection of not that ugly, uglyish, ugly, uglier, and ugliest holiday sweaters.
There's lots choose from, and plenty of accessories like scarves and socks, plus gear for your dog, too.
All of the items can be purchased online or at the Love, Tito’s Retail Store in Austin, TX. 100% of all net proceeds from online or in-store purchases go to one of the nonprofits we’ve teamed up with.
🗓 All weekend
Check out this highly anticipated art exhibition with illuminated art along Waller Creek. Tickets are free and the event includes food vendors, dazzling lights, live music, and hands-on activities
All weekend 6 p.m - 10 p.m | 📍Waterloo Park
This iconic holiday tradition lights up for the first time this holiday season starting this weekend! Reserve your spot for an enchanting light and sound performance, delicious hot cocoa, sweet treats, and some overall fun with your friends or family. The show runs till January 6th.
6 p.m and 9 p.m | 📍Mozart's Coffee Roasters - 3825 Lake Austin Blvd, Austin, TX 78703
This fitness event is free and open to the public. Get your morning started right with a "Fitness in the park" class for kickboxing! The class will be led by certified instructors and is a great way to get a cardio workout in while also honing your self-defense skills.
10 a.m - 11 a.m | 📍 Metz Park
Support local LBGTQ+ and female artists at this outdoor market with over 150 vendors. Get your holiday shopping out of the way at this event, with vendors for food trucks, handmade goods, raffles, hands on workshops and activities, and more.
Did someone say cheese?! If you're like me and always willing to get your hands on a bowl of mac and cheese, then this event is for you. Check out the Mac and Cheese festival happening this weekend to decide which vendor has. the best mac and cheese for yourself, and enjoy the bar with creative cocktails while you're at it. Tickets start at $45.
11 a.m - 3 p.m | 📍Lantana Place - 7415 Southwest Parkway