Fort Hood sergeant indicted for murder in 2020 death of Austin protester

First Cavalry Division Sgt. Daniel Perry was released after posting a $300,000 bond.
First Cavalry Division Sgt. Daniel Perry was released after posting a $300,000 bond.(Jail photo)
Published: Jul. 1, 2021 at 3:47 PM CDT|Updated: Jul. 1, 2021 at 6:11 PM CDT
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AUSTIN, Texas (KWTX) - First Cavalry Division Sgt. Daniel Perry, who shot and killed a protester at a Black Lives Matter protest in June 2020, in Austin, was released after a posting a $300,000 bond following his indictment Thursday in Travis County for murder and aggravated assault with a deadly weapon.

“Sgt. Perry will vigorously fight all of these charges,” Perry’s attorney, Clint Broden of Dallas, said after the indictment was handed up Thursday.

Garrett Foster, 28, was shot to death shortly before 10 p.m. July 25, 2020, at the corner of Congress Avenue and 4th Street in Austin after Perry, who was working as an Uber driver to earn extra money, turned from 4th Street onto Congress and encountered the protesters.

“When Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window,” Broden said at the time of the incident.

Perry drew a handgun he was carrying for personal protection and fired, killing Foster.

Perry then drove off from the scene of the protest and called 911.

Officers detained him but did not arrest him immediately after the shooting.

At issue in the case is whether Foster raised his rifle, which he was legally carrying.

Broden maintains he did.

“Sgt. Perry again simply asks that anybody who might want to engage in a hindsight review of this incident picture themselves trapped in a car as a masked stranger raises an AK-47 in their direction and reflect upon what they might have done if faced with the split-second decision he faced that evening,” he said in a press release Thursday.

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