Army sergeant convicted of murder; says he shot in self-defense after man aimed AK-47 at him during BLM riot
A Texas jury found Daniel Perry guilty of murder Friday in the 2020 death of Garrett Foster, multiple outlets reported.
"The protesters didn't know anything about Perry when they attacked the car and boxed it in," Perry's attorney Doug O'Connell said, as reported by the Austin American Statesman.
"Daniel had no choice, and that could have happened to anyone," O'Connell also said.
"We're happy with the verdict. We're very sorry for his family as well. There's no winners in this. Just glad it's over," Foster's father, Stephen Foster told KVUE.
According to the defense, Perry shot Foster in self-defense when his car was surrounded and attacked by protesters and Foster reportedly aimed an AK-47 at him in the "ready position."
According to the prosecution, Perry had shared social media posts that "threatened" protestors in the past.
The Travis County jury also found Perry not guilty of an aggravated assault charge.
Deliberations lasted 17 hours after the eight-day trial.
Perry wept after the verdict, leaning his head into the chest of one of his attorneys.
The event occurred in Austin in 2020 at the height of the at-times violent Black Lives Matter protests and riots of 2020, as Fox News Digital reported at the time.
Perry was driving for Uber in downtown Austin July 25, 2020, when he came upon a non-permitted group of BLM protesters "illegally clogging the intersection." After making a turn, the protesters followed his car, surrounded it, pounded on it, and thew rocks at it, the outlet also reported.
According to Perry's account, a masked Foster approached his car and pointed an AK-47 at him. Some witnesses deny Foster raised his rifle. Perry reportedly fired 5 times at Foster, fatally wounding him. Perry was a concealed carry permit holder who was an active duty soldier stationed at Fort Hood at the time.
Though armed, Foster did not fire a shot. Another protester in the crowd shot at Perry's car three times, hitting no one.
Perry called 911 and turned himself in to police "seconds later," saying he'd shot Foster in self-defense, according to the Austin Chronicle and KUVE. APD reportedly let Perry go on bond after questioning him.
A year later, a grand jury indicted Perry for murder and two other charges, according to KVUE.
David Fugitt, the lead detective in the case at the time, ruled Perry's actions were justifiable homicide. That same detective accused district attorney of illegal actions, including witness tampering and withholding evidence from a grand jury, according to Fox News Digital.
Watch KXAN's coverage of the moment Daniel Perry hears the jury's verdict below.
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