(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)

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.


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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.

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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.

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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.

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