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David Frost, 22, filmed Austin protester Justin Howell (left) being carried to medics after being shot in the head by an Austin police officer. Other officers then shot at the protesters as they approached, causing them to duck (right).
David Frost, 22, had never attended a protest before the Black Lives Matter demonstrations in May. Then the cell phone-wielding Austinite became a key player in a series of events that touched off major change in the Austin Police Department.
<p>When Austin police officers began using tear gas on screaming protestors to clear I-35 on May 30, Frost pulled out his phone and hit the record button.</p><p>"I wasn't originally going out there planning on filming," he said.</p><p>One video showed a group of protesters carrying Justin Howell's limp body to medics after an Austin police officer <a href="https://austonia.com/city/austin-protesters-injured-police" target="_self">shot the 20-year-old Texas State student in the head</a> with a "less lethal" round. </p><p>His 45-second clip on social media now has more than 10 million views. Outrage over the video, and similar ones on social media, led to a ban on less lethal rounds and tear gas at Austin protests. </p><p>"The importance of documenting this stuff is, like, nobody knew Justin's name for 48 hours," Frost said. </p><div class="rm-shortcode" data-rm-shortcode-id="807a3ffdd002f7ef45b346698745ff34" id="3c5c4"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="1267315908760010754"><div style="margin:1em 0">@arianalipkin https://t.co/ZGHtMpPj8B</div> — David Frost (@David Frost)<a href="https://twitter.com/DavidFr31601156/statuses/1267315908760010754">1590986632.0</a></blockquote></div><p>Amateur video footage has been critical to the Black Lives Matter movement since it gained national prominence in 2014 following the Ferguson unrest—and most recently in the death of George Floyd, which prompted protests around the world.<br/></p><p>Austin police have even recognized the amateur videographers as valuable, frequently calling on citizens to send in their footage to help—including in the cases of Howell and Brad Levi Ayala, 16, who suffered brain damage after being hit with a bean bag round that same weekend.</p><p>"I have been filming," Frost said. "And I have noticed a lot more people filming as well." </p><p>Local activists are using video footage not only to capture and post isolated incidents but also to record protests, rally support and investigate misconduct. </p><p>"I'm seeing new tactics as well as new platforms being deployed," said Professor Dhiraj Murthy, who researches social media activism at the University of Austin at Texas. </p><p>It fits into a broader trend of the public watching the police, he said, a practice known as "sousveillance." </p><p>"It's the idea that you can monitor how the police are treating people," he said. </p><p><strong>Crowdsourcing footage </strong></p><p>When Brendan Walsh, another newcomer to protests, saw video clips of the Austin protests in late May, he described it as "warfare on Austin citizens." </p><p>Walsh scoured the internet for clips showing Ayala being hit. His goal: To identify the officer who fired the weapon.</p><p>Reddit has a strict anti-doxxing policy, due to its users wrongly accusing <a href="https://www.nytimes.com/2013/07/28/magazine/should-reddit-be-blamed-for-the-spreading-of-a-smear.html?pagewanted=all&_r=1&" target="_blank">an innocent 22-year-old of being one of the Boston bombers</a>. So Walsh created the Instagram account @justice4ayala, where he posted updates on his investigation.</p><p> Last week, <a href="https://www.texasmonthly.com/news/brad-levi-ayala-shooter-identified-austin-police/" target="_blank">APD confirmed to Texas Monthly</a> what Walsh had already discovered: The officer's name was Nicholas Gebhart.</p><p>"There's a reason people are interested in my work," Walsh said. "They feel that this officer might not be held accountable."</p><p><br/></p><div class="rm-shortcode" data-rm-shortcode-id="436a5994c80f80e0d098092684e3ae15" id="57f28"><blockquote class="instagram-media" data-instgrm-captioned="" data-instgrm-version="4" style=" background:#FFF; border:0;
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</div></blockquote></div><p><strong>Backlash</strong><br/></p><p>Murthy says the actions of these amateur investigators tend to incite those who believe they're vigilantes.</p><p>"There have been plenty of incidents where the people filming footage have had abuse online leveled at them and that has resulted in real threats against them," he said. </p><p>Walsh said some protesters have sent footage to him instead of APD because they fear officers will ask why they were searching through their social media accounts.</p><p>Hiram Gilberto Garcia, an independent journalist who interviewed Austin protester Garrett Foster on camera the night he was shot and killed by an Uber driver, has documented being arrested by APD and discouraged comments that "initiate disagreement or discord."</p><div class="rm-embed embed-media"><iframe allow="encrypted-media" allowtransparency="true" frameborder="0" height="211" scrolling="no" src="https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2FImHiram%2Fposts%2F160257025717637&width=500" style="border:none;overflow:hidden" width="500"></iframe></div><p>In spite of of that, however, Walsh hopes more people follow his lead, <a href="https://www.texastribune.org/2020/07/22/javier-ambler-michael-ramos-margaret-moore/" target="_blank">especially as official inquiries drag on</a>.<br/></p><p>"This only took me 25 to 30 hours by myself to get a significant amount of progress," he said. "And now it has pushed from something that was just kind of an online project to what I feel is real change."</p>
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(Clint Broden)
Daniel Perry, who says he shot and killed Austin protester Garrett Foster in self-defense, released photos of his car through his attorney on Monday.
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)
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Jordan Vonderhaar for the Texas Tribune
Armed protesters guard the memorial of Garrett Foster, who was shot and killed during a protest against police brutality in Austin on July 25, 2020.
By Jordan Vonderhaar
Throughout the summer, cities in Texas and around the country have seen protests and demonstrations against police brutality. On Saturday, protesters and law enforcement clashed in Austin, a week after protester Garrett Foster, who was openly carrying an AK-47 rifle — which is legal in Texas — was shot and killed by Daniel Perry, a U.S. Army sergeant, when he approached his car. Perry drove away, then called the police. Perry was released without being charged. Since then, questions have been raised about who was the aggressor.
<p data-children-count="0">Foster's death fueled tensions Saturday night in the downtown streets of the state capital as demonstrators again gathered and local and state police turned out in massive force. Tribune photographer Jordan Vonderhaar was there to document the protest. Here's what he saw.</p><p data-children-count="0"><br/></p>
<p class=""><br/></p>
State police in riot gear form a line along Congress Avenue and advance toward protesters to remove them from the street.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyMy9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxNDEzMTYxMn0.d86Zhoac6e1loRulivXsiZRCJ5Ysm6K1OToYC_SWOy8/img.png?width=980" id="82f94" class="rm-shortcode" data-rm-shortcode-id="63ad8adf22f1a2a32bde1c6e8c532db7" data-rm-shortcode-name="rebelmouse-image" />
Jordan Vonderhaar
Armed protesters ride in the back of a pickup truck from a rally at the University of Texas to a memorial for Garrett Foster in downtown Austin, minutes after hearing of clashes between other protesters and police.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyNC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1ODIyMjM1NX0.Ao_4mTkOPw2syjKbKcQJSX-O44dFCRJDbbJgBMFW6dw/img.png?width=980" id="24906" class="rm-shortcode" data-rm-shortcode-id="267e200551ef2a141d6b5e9bd15ba829" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
A man with a sniper rifle slung over his shoulder stands among protesters who have gathered at the Garrett Foster memorial in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyNS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1MzcxOTkzMn0._GAt1E-AidcOYzOR9_kGbBL7DrvDvCMjfYMb0f0WH-g/img.png?width=980" id="824e1" class="rm-shortcode" data-rm-shortcode-id="719f945f43055599a57dacc9de8544f0" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
A protester confronts police in riot gear.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyNi9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYwODcxOTUwMH0.OyE5LkJbim9Q8U1iOfd0DDASgIPXcCtuK1b-JjZUO_g/img.png?width=980" id="bd7a7" class="rm-shortcode" data-rm-shortcode-id="1631c952a901a274eabfa54e35d52d4f" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
Mounted officers from the Austin Police Department clash with protesters on the corner of Fourth Street and Congress Avenue in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyNy9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYzMDc2NzMzMX0.5oNfDZ3YkyoOQY_A8d1YZ84g26bZnHfhwyjdKlCbePI/img.png?width=980" id="87444" class="rm-shortcode" data-rm-shortcode-id="5d0ff1e47c454529947cbe4c71c0af21" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
Mounted officers from the Austin Police Department clash with protesters on the corner of Fourth Street and Congress Avenue in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQyOC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYzNzAyNzk4Nn0.cyEJ5DmzyaztsRnV9fqhaenYnQ7cs514KUZCYV3TkQg/img.png?width=980" id="8e069" class="rm-shortcode" data-rm-shortcode-id="163047eb1ea7762ba8ed4efb115d291f" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
State police were present large numbers.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ4Ny9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY0MzQwNTUwOX0.s1h3VhX-ZEoitvy3qvkZlyEaYRLrHNHVe2BQvaMSKSM/img.png?width=980" id="c93b3" class="rm-shortcode" data-rm-shortcode-id="534a7361ca0a2956a9e5b05679f6d7b7" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ4OC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxNzI2OTk0MH0.U1qk1mKskBNfoa4k35LzbIj1zBXi-ixSo-VBJbYw7ig/img.png?width=980" id="7bd64" class="rm-shortcode" data-rm-shortcode-id="2b77c0e8e6c14f7b0e6d245d8ed5d0e0" data-rm-shortcode-name="rebelmouse-image" />
Jordan Vonderhaar
A protester armed with a baseball bat kneels in the street with fist upraised as protesters clashed with police in downtown Austin on Aug. 1, 2020.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5MC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYzMjI2NjQ0N30.kFHZTlq4mDkfrojMmPr1xplOlaTBNWa5lnCHBwL-qGA/img.png?width=980" id="e49af" class="rm-shortcode" data-rm-shortcode-id="f01dc35d33515df682261c675cf6557f" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
Members of the far-right Proud Boys militia stand on Congress Avenue across from the Garrett Foster memorial in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5Mi9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1OTMxNzA3Mn0.J1V0eqSXZrKQ1H5HOJkJiTYXc0FSi2sNBj0pixxi77s/img.png?width=980" id="7ad19" class="rm-shortcode" data-rm-shortcode-id="a87090215d4bface5de31b64aee3ed53" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
A woman with her hands zip-tied waits to be loaded onto a bus after being arrested during protests against police brutality in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5My9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1ODkwNzQ1NX0.pgAlN0FxLyz7j-3GoGOydiZvN7qHbMEl4OGjQ61Fv5o/img.png?width=980" id="88094" class="rm-shortcode" data-rm-shortcode-id="6e7885cb303bd9fbbaf42b5dbf6faa68" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
Police load arrested protesters into a Travis County Sheriff Department bus.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5NS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY2MzYyMjM2N30.zYx7GNxVV5bsDjCo8QIBKayytC_iS0XwaF8CSs3xPHA/img.png?width=980" id="88669" class="rm-shortcode" data-rm-shortcode-id="c31093d1dcd50afded51595193080595" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
A police officer sprays a protester with pepper spray as demonstrators clash with police in downtown Austin
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5OC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYwNzU5MzI2NX0.bAbIMFbFlBCxqy3RLK07q7j5bYjH403lxd6ATgzD-zc/img.png?width=980" id="da3a9" class="rm-shortcode" data-rm-shortcode-id="86830ba7dbdd9ef95a4c6e89833f89ef" data-rm-shortcode-name="rebelmouse-image" />Jordan Vonderhaar
A heavy police presence marked Saturday's protest in downtown Austin.
<img type="lazy-image" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzUyOTQ5OS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY1MTUxODMwMn0.O473UBVJdDTq5QYJGR3pKhJ8LbVYB8TdO3rZ4qO7-g0/img.png?width=980" id="628a9" class="rm-shortcode" data-rm-shortcode-id="5f3153935cd4709ccaa8af74403665ec" data-rm-shortcode-name="rebelmouse-image" />From Your Site Articles
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(F. Clinton Broden/Broden & Mickelsen)
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.
<p>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. </p><p>Perry claims several people started beating on his car and that Foster, <a href="https://austonia.com/austin-protests-garrett-foster" target="_self">who was carrying an assault rifle</a>, 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. </p><p>Foster's mother, Sheila Foster, <a href="https://www.statesman.com/news/20200731/army-sergeant-working-as-ride-hailing-driver-shot-protester-garrett-foster-in-self-defense-his-lawyer-says" target="_blank">told the Austin American-Statesman</a> that Perry went to the rally not by mistake, but "to hurt people."</p><p>In the report, she pointed to statements on Perry's now-defunct Twitter account as evidence that he disagreed with the BLM protesters. </p><p>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."</p><p>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. </p><p><strong>After the shooting</strong></p><p>After Perry shot Foster, another member of the crowd shot at Perry's vehicle, police have said.</p><p>Perry and the member of the crowd who discharged a handgun were questioned and released, according to APD. Both had concealed handgun licenses. </p><p>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.</p><p>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.</p><p>A spokesperson for Lyft said there are no records indicating Perry ever drove for the company. Austonia has reached out to Uber for comment.<br/></p><p>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.<br/></p><p>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.</p><p>"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."</p><p>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."</p><p><br/></p><div class="rm-embed embed-media"><blockquote class="twitter-tweet">APD Statement on Garrett Foster Case <a href="https://t.co/aQ8q4cU1Zx">pic.twitter.com/aQ8q4cU1Zx</a><br/>— Austin Police Department (@Austin_Police) <a href="https://twitter.com/Austin_Police/status/1288963292061409284?ref_src=twsrc%5Etfw">July 30, 2020</a></blockquote> <script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script></div><p><br/></p><p><br/></p><p><em><em><em>Additional reporting by Karen Brooks Harper.</em></em></em><br/></p><p class="media-headline"><strong><br/></strong></p>
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(Marshall Tridick/Texas Tribune)
People gathered for a vigil in honor of Garrett Foster in Austin this week.
By Meena Venkataramanan, The Texas Tribune
Austin police are investigating the fatal shooting of an armed 28-year-old man who was killed during an encounter with an armed motorist while protesting against police brutality. But whether the unnamed driver faces criminal charges in Garrett Foster's death could hinge on which man police, prosecutors or a grand jury believes first provoked the other.
<p>Foster was visibly carrying an AK-47 rifle — which is legal in Texas — as he pushed his fiancée in her wheelchair across an intersection in downtown Austin during Saturday's protest, <a href="https://www.nytimes.com/2020/07/26/us/austin-shooting-texas-protests.html" target="_blank">according to The New York Times</a>.</p><p>A motorist was attempting to turn his vehicle onto Congress Avenue and honked at protesters, who were in the crosswalk, according to <a href="https://abc7.com/austin-shooting-downtown-protest-murder/6335183/" target="_blank">a video of the incident</a> filmed by independent journalist Hiram Gilberto. Michael Capochiano, a demonstrator at the scene, told The Texas Tribune that protesters including Foster surrounded the car after it hit a traffic cone and the driver stopped.</p><p>"What [the driver] did was he intentionally, aggressively accelerated into a crowd of people. ... He threw his turn into a bunch of people and almost ran a bunch of people over," said James Sasinowski, another protester who was at the scene.</p><p>There are conflicting accounts about whether Foster raised his gun at the motorist, who was also legally armed. Police said the driver shot at Foster, fled the scene, called 911 and told police he opened fire because Foster pointed his rifle at the car first.</p><p>Texas' so-called "stand-your-ground" law allows people to use deadly force against someone else if they feel they are in danger. Conversely, it prohibits an individual from arguing self-defense if they provoked a threat from someone else, said Sam Bassett, an attorney and the president of the Texas Criminal Defense Lawyers Association.</p><p>Detectives need to consider whether Foster could have perceived the motorist's actions as a threat, Bassett told The Texas Tribune.</p><p>"I would consider them to not be doing a good investigation if they did not consider that," he said. "I do think the self-defense claim could be negated if, for instance, if the driver was there to provoke a reaction or to argue or attempt to harm the pedestrians," he added.</p><p>Sasinowski said he could not see if Foster pointed his gun toward the car. Capochiano, though, does not think Foster did. "My recollection was that [Foster] had the gun in his hands, with the muzzle pointing toward the ground and not pointing to the side, not even pointing toward the car," Capochiano said.</p><p>Both witnesses interviewed by The Texas Tribune said they believed the driver's behavior to be threatening and intentional.</p><p>"He incited the violence, it was intentional, he knew what he was doing," Sasinowski said. "He was driving into a crowd of protesters. No way that that was just like a traffic thing. There's 100 people in front of you, you don't drive into them."</p><p>Austin police said earlier this year that a police officer's killing of an unarmed Black and Latino man was justified because his attempt at driving away from police who had just shot him with a lead pellet-filled bag constituted using the car as a deadly weapon against law enforcement.</p><p><a href="https://www.texastribune.org/2020/07/27/mike-ramos-austin-video/" target="_blank">The death of Mike Ramos</a>, the driver in that April case, along with the death of George Floyd in Minneapolis, prompted weeks of anti-police brutality protests in Austin and across the state. In early June, <a href="https://www.texastribune.org/2020/06/05/austin-protests-police-brutality-brian-manley-george-floyd/" target="_blank">four City Council members said they had lost faith</a> in Austin Police Chief Brian Manley after his handling of those protests. At least one member called on him to resign.</p><p>In a video about Foster's death, Manley said Sunday that he was grateful to the officers who responded to the driver's 911 call.</p><p>"Regardless of the topic of the protest — whether the protest is geared at these officers, whether they were earlier in the evening taking insults from these protesters — these officers put all of that aside, as they do every single day, and ran toward the danger and helped this individual but were unfortunately unable to save his life," Manley said.</p><p>Natasha Harper-Madison, an Austin City Council member, <a href="https://twitter.com/gusbova/status/1287953553026355207?s=21" target="_blank">wrote in a Facebook post</a> Monday that she was in "utter disbelief" while listening to Manley's comments, which she called "tone-deaf."</p><p>"There's no protest that's against the Austin Police Department, the protest is against the culture of police departments across the country," Harper-Madison told The Texas Tribune.</p><p>She said it is "absolutely possible" that the police department is biased against Foster in its investigation because he was an anti-police brutality protester.</p><p>Austin police spokesperson Tara Long told The Texas Tribune that "the ongoing investigation into Mr. Foster's death is being conducted with the same amount of commitment as other deaths."</p><p>"To say otherwise is a disservice to his family," Long said.</p><p>Austin Police Association President Ken Casaday shared a video clip Sunday of Foster explaining why he brought his gun to protests, which included explicit language about "all the people that hate us" and are too cowardly to "stop and actually do anything about it."</p><p>"This is the guy that lost his life last night. He was looking for confrontation and he found it," Casaday wrote in his tweet of the video, which has since been deleted.</p><p>Casaday also <a href="https://www.fox7austin.com/news/fatal-shooting-at-austin-protest-could-take-months-to-get-final-review-by-prosecutors" target="_blank">told FOX 7 News on Monday</a> that Foster was already on the police department's radar because he brought firearms to protests. "Garrett Foster was on the radar because he would commonly come to the rallies with the AK-47. Our individuals who were responsible to monitor people with firearms, he was on the radar already," he said. Texas is an open-carry state.</p><p>That notion drew ire from Chas Moore, the founder and executive director of the Austin Justice Coalition.</p><p>"The fact that the only reason that Foster was was on their lists or whatever because he was carrying a gun doesn't make any sense because we live in Texas and he wasn't violating any laws or anything like that, and he wasn't ever really physically aggressive towards any police officers or anybody, to my knowledge," Moore said.</p><p>On Wednesday, Casaday said via Twitter that he was sorry for his initial tweet about Foster looking for a confrontation and asked the man's family to accept his apology.</p><p>"I apologize for my offensive choice of words," he <a href="https://twitter.com/KennethCasaday/status/1288506200720650244" target="_blank">tweeted</a>. "I should have known better. I have responded to dozens of shootings in my law enforcement career and they are all tragic."</p><p>Casaday could not be reached for comment this week. Long, the police spokesperson, said the department does not maintain a watchlist of protesters.</p><p>Moore said he remains concerned about the integrity of the department's investigation, and he questioned why police released the driver. "I think we all need to keep an eye on this case or this investigation as things come forward," he told The Texas Tribune.</p><p>Sheila Foster, Garrett Foster's mother, and Whitney Mitchell, his fiancée, could not be reached for comment this week.</p><p>Austin police continue to investigate the incident to develop "the most complete picture" before moving forward, according to a statement from the department's homicide unit.</p><p style="text-align: center;"><em>This <a href="https://www.texastribune.org/2020/07/30/garrett-foster-austin-texas-stand-your-ground-self-defense/" target="_blank">story was originally published</a> in The Texas Tribune, a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues.</em></p>
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Garrett Foster, 28, was shot and killed during a protest against police violence on Saturday.
Garrett Foster, 28, was shot and killed by someone in a car on Saturday while attending a protest in downtown Austin. Earlier in the evening, he was interviewed on a livestream while wearing an AK-47 across his chest.
Here is what else we know about the incident so far.
<p><strong>What do we know about Garrett Foster?</strong><br/></p><p>Foster had attended the ongoing protests regularly with his fiancée Whitney Mitchell, a quadruple-amputee, with whom he purchased a home in Austin two years ago, his mother, Sheila, told <a href="https://abc7.com/austin-shooting-downtown-protest-murder/6335183/" target="_blank">Good Morning America</a>.</p><p>Mitchell's mother, Patricia Kirven, organized a GoFundMe to pay for Foster's funeral and burial costs. It raised <a href="https://www.gofundme.com/f/official-garrett-foster-memorial-fund?utm_source=customer&utm_medium=email&utm_campaign=p_cp+share-sheet&fbclid=IwAR249VfvN3hkP2aS358os8CCF0Ctd1Kl8DCTmKHGfor0TiqcG2e9DNUUTdU" target="_blank">more than $107,000</a>.</p><p>"He fought against injustice, served in the military and was fiercely protective of his fiancée," Kirven wrote on the fundraising page. "They fell in love at 17 and were never apart."</p><p>Foster left the military to take care of Mitchell when she became sick with an unknown illness, which led to her amputations, Kirven told <a href="https://www.dallasnews.com/news/texas/2020/07/26/man-fatally-shot-at-protest-in-austin/" target="_blank">the Dallas Morning News</a>. Foster had served as her full-time caretaker for nearly a decade.</p><p><strong>Was he armed?</strong></p><p>Foster was carrying an AK-47 at the protest.</p><p>Earlier in the evening, he spoke about the weapon to an independent journalist named Hiram Gilberto Garcia, who has been broadcasting live footage from the Austin protests. "They don't let us march in the streets anymore, so I got to practice some of our rights," Foster said in the interview, which was <a href="https://www.pscp.tv/w/1YqJDpVaEPDJV" target="_blank">streamed on Periscope</a>.</p><p>Austin Police Association President Ken Casaday <a href="https://twitter.com/KennethCasaday/status/1287373267318300674" target="_blank">tweeted a link to Garcia's video interview with Foster</a> on Sunday. "This is the guy that lost his life last night," he wrote. "He was looking for confrontation and he found it."</p><p>Austin Police Chief Brian Manley said at a press conference on Sunday that the driver who shot and killed Foster told dispatchers that Foster approached his window and pointed a rifle at him.</p><p>But some witnesses dispute this account. James Sasinowski <a href="https://www.cnn.com/2020/07/28/us/austin-protest-shooting-witness/index.html" target="_blank">told CNN</a> that the driver aggressively drove into the crowd of protestors and incited the violence..<br/></p><p><strong>What is the status of the investigation?</strong></p><p>APD is actively investigating Foster's death, Manley said on Sunday, including reviewing available video, photos and witness statements. The Travis County Medical Examiner's office will conduct an autopsy.</p><p>Texas has a fairly broad <a href="https://www.kut.org/post/4-things-you-should-know-about-self-defense-law-texas" target="_blank">stand-your-ground law</a>, which doesn't require individuals to retreat when defending their home or other property.</p><p><strong>Who organized the protest? </strong></p><p>The Mike Ramos Brigade has organized regular protests against police violence and white supremacy in Austin.</p><p>In recent tweets, the brigade has referred to Foster as a <a href="https://twitter.com/mike_r_brigade/status/1287250590100262912" target="_blank">"comrade"</a> and <a href="https://twitter.com/mike_r_brigade/status/1287462038541946888" target="_blank">"one of our own."</a></p><p>The group's members have not identified themselves, but <a href="https://austonia.com/city/austin-antifa-looting/particle-1" target="_self">APD confirmed last month</a> that there is crossover between the brigade and another controversial local group called Defend Our Hoodz, which organized <a href="https://austonia.com/austin-may-day" target="_self">a rent strike and May Day protests</a> earlier this year.</p><p>Mike Ramos was shot and killed by Austin police in April. His mother, Brenda, <a href="https://austonia.com/city/austin-police-brutality-protest-sunday/particle-3" style="" target="_self">has said</a> her family is not associated with the Mike Ramos Brigade.</p><p><strong><span></span>What are local officials saying about Foster?</strong></p><p><strong></strong>Austin Mayor Steve Adler tweeted on Sunday, "This is horrible as is all gun violence. There are too many guns."</p><p>Council Member Natasha Harper-Madison criticized the police response to Foster's death, including a Sunday press conference in which Manley spoke about rising violent crime in Austin and staffing shortages.</p><p>Council is in the middle of <a href="https://austonia.com/city/hundreds-speak-out-on-cuts-to-police-budget-at-austin-city-council-hearing" target="_self"><u>budget deliberations</u></a> about whether to cut APD funding and staffing. Last week, hundreds of residents called into a meeting to urge council to cut more than the $11 million currently proposed.</p><div class="rm-shortcode" data-rm-shortcode-id="162229f270815aa753064800e15e8b9d" id="93c39"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="1287845455922110464"><div style="margin:1em 0">My thoughts on the death of Garrett Foster and our police chief's Sunday evening press conference: https://t.co/eCINuRkWis</div> — Natasha Harper-Madison (@Natasha Harper-Madison)<a href="https://twitter.com/NatashaD1atx/statuses/1287845455922110464">1595881258.0</a></blockquote></div><p>"Whether we halve APD's budget or double it, nothing will bring back Garrett Foster," she wrote in a Facebook post on Monday, "and using a press conference about his death as a platform for political purposes is beneath contempt."</p>
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