U.S. Army Sergeant Admits To Shooting Austin Protester

AUSTIN, TX — An active duty sergeant with the U.S. Army has acknowledged that he fatally shot a protester in downtown Austin last weekend, claiming through his attorney on Friday that he acted in self-defense.

The Dallas-based law firm F. Clinton Broden and Broden & Mickelsen on Friday issued a statement on behalf of Daniel Perry, whom attorneys described as a former Eagle Scout from North Texas who has been in the military for the past eight years. The statement was widely distributed to media outlets, including the Washington Post.

Austin police have not officially identified the two shooters who fired their firearms during a Black Lives Matter protest on July 25. In a subsequent news conference, Austin Police Department Brian Manley said protester Garrett Foster, 28, was carrying an AK-47-style rifle during the demonstration. Without naming Perry by name, the chief said he had turned onto South Congress at 4th Street while honking the car horn before being surrounded by demonstrators who made contact with the vehicle.

Foster pointed his rifle at Perry at one point during the confrontation, prompting Perry to shoot Garrett with a handgun. A bystander at the scene who also had a concealed handgun license fired at the vehicle after Perry drove off, the chief said at the time. Foster never got a shot off, according to information provided by police. He was pronounced dead at the scene.

In the attorneys' statement published in the Washington Post and numerous other publications, Daniel Perry is described as recipient of numerous Army awards and commendations after serving a tour of Afghanistan. He was in Austin while a protest erupted unbeknownst to him, his law firm said, driving for a ride share company to earn extra money. After dropping off a customer, Perry proceeded to the next "hot spot" for likely fares as he approached Congress Avenue, according to the statement.

"Prior to arriving at the corner of 4th Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place," his attorneys said. "When Sgt. Perry turned on the Congress venue, 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. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command."

But soon, Perry realized Foster was not a police officer: "After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement," the statement reads. "It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life."

As corroborated by Manley during his news conference, Perry drove away to the scene, called police and waited for their arrival to cooperate with an investigation, the law firm said.

"We urge the public to allow the police to conduct a full investigation," Perry's attorneys wrote. "We also need to correct statements that have been reported by the press. First, Sgt. Perry never left his vehicle preceding or immediately following the shooting. Second, Sgt. Perry did not 'flee' but immediately called police upon getting to safety. Finally, and most importantly, police have interviewed witnesses who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perry’s life."

The attorney's conveyed Perry's sympathies to Foster's family and loved ones, and asked people not to rush to judgment.

"Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr. Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts. The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car.

"We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening."