Soros-Funded Austin D.A. Indicts Army Sgt Who 'Shot AK-47-Toting BLM Protester in Self-Defense'

Chris Menahan
Jul. 02, 2021

Soros-funded Travis County District Attorney Jose Garza on Thursday had Army Sgt Daniel Perry indicted for fatally shooting AK-47-toting Black Lives Matter "protester" Garrett Foster after he approached Perry's car and allegedly raised his rifle at him during a "protest" in downtown Austin one year ago.

Perry was let go by police without any charges after the July 25, 2020 shooting but D.A. Garza is working to turn Austin into the next St. Louis by criminalizing self-defense.

From The Texas Tribune, "Army sergeant indicted on murder and aggravated assault charges after fatally shooting Austin protester Garrett Foster in 2020":
A Travis County grand jury on Thursday indicted Army Sgt. Daniel Perry on charges of murder, aggravated assault and deadly conduct after he shot and killed Garrett Foster, an armed protester in downtown Austin last year.

The former Fort Hood soldier turned himself into the Travis County Jail and was shortly released after around 2:30 p.m. Thursday on a combined $300,000 bond, according to Kristen Dark, a spokesperson for the Travis County Sheriff’s Office.

[...] Clint Broden, a Dallas-based attorney for Perry, expressed disappointment at the indictment but repeated his client’s claim of self defense and said he was confident that Perry would be acquitted.

“It is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction,” he said.

Broden said the prosecutors in the Travis County District Attorney's office refused to allow Perry's attorney to present written evidence to the jury.

“This refusal is unusual in Texas and begs the question of why the District Attorney’s Office would not allow this,” Broden said. “We understand the political motivations of the District Attorney, however, when this case is presented to a jury at trial and the jury gets to hear all the evidence instead of a one-sided presentation, we have every confidence that Sgt. Perry will be acquitted.”
AntifaWatch has more:

Perry shared his side of the story on his legal defense fund page at GoGetFunding:
In what can only be described as a travesty of justice, Sgt. Daniel Perry, an active duty soldier serving his country, is being prosecuted in Travis County, Texas for defending himself against a masked protestor who raised an AK-47 toward him.

Daniel Perry is a former Eagle Scout from the North Texas area and has served our country proudly for almost ten years. Sgt. Perry served a tour in Afghanistan and has been the recipient of numerous army awards, and commendations including five Army Achievement Medals.

Sgt. Perry was in the Austin area on July 25, 2020, driving for Uber. Sgt. Perry sometimes did Uber driving on the weekends to make ends meet. Although Sgt. Perry was from the North Texas area, army restrictions limited his travel to within about 80 miles of his base at Fort Hood and Austin was the most profitable locale within that radius.

Also on July 25, 2021 and prior to the incident, Garrett Foster was interviewed by a reporter regarding his decision to carry an assault weapon to an Austin protest march in a “one point sling.” During the interview, Foster explained that he chose to bring an assault weapon to a “peaceful” protest because he wanted to march and that people were “too big of pussies” to stop him from marching.

Sgt. Perry had dropped his client on or close to West 6th Street at approximately 9:15 p.m. Sgt. Perry made a right onto Congress Avenue from Fourth Street, and it was there that he first encountered a throng of people in the street. It was not immediately apparent to Sgt. Perry what group was demonstrating and, prior to turning onto Congress Avenue, Sgt. Perry had been unaware that a demonstration was taking place. After Sgt. Perry turned onto Congress Avenue, several people started beating on his vehicle. Picture showing the damage to Sgt. Perry’s car are in the possession of the police. The pictures included pictures of damage done by protestors hitting the car with brick, trying to pull the door of the frame and from bullets.

Sgt. Perry was then quickly approached by Mr. Foster, who was carrying an AK-47 in a “one point sling.” Sgt. Perry, initially believing that Mr. Foster was associated with law enforcement (who else would carry an assault rifle on the streets), complied with the command. Nevertheless, after lowering the window, it became apparent to Sgt. Perry that the individual was not with law enforcement. Foster, the individual with the AK-47, began to raise the AK-47 toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection, fired on Foster because he believed his life to be in jeopardy. Moreover, Sgt. Perry acted in the manner in which he was trained to act when presented with a deadly threat and, consistent with that training, aimed center mass.

This training also prevented the injury of bystanders. Indeed, Sgt. Perry was only concerned with protecting his own life which was threatened by Foster’s actions and Sgt. Perry had absolutely no desire to injure other protestors, (even despite the fact that some were beating on his car) as some have tried to claim. The false narrative spread by some of the protestors that Mr. Perry purposely drove into the crowd to injure protestors is also refuted by the fact that no individuals claim they were injured by Mr. Perry’s vehicle.

Immediately thereafter, a member of the crowd began firing on Sgt. Perry’s vehicle. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and was fully cooperative with the police following the shooting.

Below are some of Foster’s social media posts from the days prior to the incident.

Unfortunately, these social media posts by Foster, as well as the interview Foster did immediately prior to the protest march, paint a picture of a person who believed that anybody who interrupted what he viewed to be the exercise of his rights deserved to be shot.

To be clear, the death of Foster was tragic, and Sgt. Perry deeply sympathizes with the loss and grief experienced by Foster’s family. Nevertheless, that does not change facts. The law in Texas is clear that the State must disprove self-defense beyond a reasonable doubt. Here, Foster’s comments and actions strongly indicate that he believed he could take action into his own hands if anybody interrupted what he viewed to be the exercise of his rights. Foster did so on July 25, 2020, by starting to raise his AK-47 toward somebody who he viewed as a “pussy” interfering with the march.
Right before indicting Perry for defending himself, Garza let two of the juveniles allegedly involved in the Austin mass shooting earlier this month off the hook.

"The news that the Travis County District Attorney will drop all charges against the two teenagers previously in custody for the mass shooting in downtown Austin is not sitting well with the family of the man killed in the crossfire," KXAN reported last week.
Nick Kantor, whose brother Douglas Kantor died after the June 12 incident on Sixth Street, said he has little faith in DA Jose Garza -- and believes the investigation is heading in the wrong direction.

"Basically, what I took away from the press conference was that they are not prosecuting violent criminals anymore," Kantor said. "Nothing we can do now is going to bring my brother back. And that's something we have to accept and grieve in our own way. But moving forward, we don't want to see more people going through what we are going through."

[...] "This was a planned hit. This was the making of an assassination. And my brother was caught in the crossfire. And these assassins were free to go," Kantor said. "I have no faith in what is going on down there."

We're now living in post-America.

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