Sgt. Daniel Perry’s attorney says the shooting was done in self-defense. The soldier fired at Garrett Foster, who is from in Plano, last July. The incident occurred in downtown Austin, according to The Dallas Morning News.
What are the details?
Army Sgt. Daniel Perry fatally shot the protester last July. He has been indicted after the incident that resulted in the death of 28-year-old Garrett Foster, as the Travis County district attorney’s office stated on Thursday.
Perry came forward and turned himself in. This happened on Thursday afternoon. The soldier was released on bond a short while after that.
Clint Broden, his attorney, said for the news outlet that he is convinced his client will 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,” Broden noted in a written statement.
Austin authorities have said that there are several accounts about what took place on the night of July 25, and they differ significantly.
Witnesses revealed that when a car turned down Congress Avenue it went toward a group of protesters and started honking. Foster was pushing his fiancée’s wheelchair at the time, but he was also carrying a gun. When he approached the vehicle, the driver shot him.
A second person also shot toward the car. This wasn’t Foster, the police clarified. After that the driver of the car called the authorities to report that he had shot a man.
Broden stated that Perry was working as an Uber driver at the time. He had reportedly just dropped off his passenger when the encounter with the protesters took place. In the beginning he thought Foster might be a law enforcement officer.
However, the attorney went on to explain that Perry used his gun in self-defense, only after he saw Foster raising his gun toward him.
The problem is protesters on the scene said Foster did not target Perry with his gun. The specialists believe that the outcome of this case may well depend on what took place in the few seconds before the shooting occurred.
“Our heart goes out to all those impacted by this immeasurable loss, in particular Mr. Foster’s family and friends. We take our responsibility to present all of the evidence in any given case to a grand jury very seriously,” the Travis County District Attorney said at a news conference on Thursday.
The evidence that will be analyzed by the grand jury includes testimonies form 22 witnesses and over 150 exhibits. Perry has decided not to testify.
Foster grew up in Plano and all his family is grieving his loss.
“Knowing that they found enough evidence to move forward and prosecute the individual who shot my son is such good news to myself and my family. I hope and pray that a jury will find, as the grand jury did, the evidence to be enough for a conviction,” Steve Foster, his father, wrote in a statement.