The next Rittenhouse-type self-defense case out of Austin

Welcome to ArizonaShooting.org!

Join today!

Welcome! You have been invited by peter7090 to join our community. Please click here to register.

Suck My Glock

Member
Joined
May 25, 2018
Messages
10,578
Location
Peoria
This was the guy who accidentally drove into a BLM/Antifa riot scene and tried to drive away but got his vehicle surrounded as he attempted to leave. One dude ran up to his car and pointed an AK rifle at him, so he used his pistol to shoot him down and then, wisely, continued fleeing.

This is Democrat stronghold Austin, so political theater is determining everything, not law or justice or moral compass.

It's a slam-dunk self-defense case, just like Kyle's, but even simpler. Even the detective on the case declared it was justified and continues to say so.


https://www.foxnews.com/politics/army-sergeant-indicted-murder-self-defense-blm-riot-police

An Army sergeant faces life in prison for a shooting that happened at the height of the 2020 riots, and that he claims was in self-defense. The lead detective in the case ruled his actions were justifiable homicide. That detective has also accused the district attorney of illegal actions in a sworn statement.

Violent protests, riots, and killings, in the name of the Black Lives Matter movement erupted across the country in the summer of 2020. Late one Saturday night over the course of that summer, Army Sergeant Daniel Perry turned a corner in Austin, Texas, and found himself surrounded by an angry mob of protesters sparking an encounter that left one man dead and has Perry facing life in prison.

On the night of July 25, 2020, at about 9:15 p.m., authorities say Perry was driving for Uber to make some extra money in downtown Austin and encountered a group of Black Lives Matter protesters who lacked a permit for their protest. They were illegally clogging the intersection, as protesters had done around the city several times in the weeks prior. Video shows that as he made the turn that night protesters quickly surrounded Perry's car and began pounding on it and throwing rocks at it.

Perry, an active duty soldier stationed at Fort Hood at the time, says a masked man approached his vehicle with an AK-47 in the "ready" position. When that man, Garrett Foster, 28, raised and pointed the rifle at Perry, the Army sergeant and licensed concealed handgun carry permit holder, grabbed a handgun that he carried for personal protection and fired at Foster, fatally wounded him.

Perry then drove to a safe location and called police. Officers spoke with him that night and released him.

Roughly a year later, Travis County District Attorney Jose Garza brought the incident before a grand jury. Perry was indicted on murder and aggravated assault charges. Additionally, an investigation by a respected veteran detective of the Austin police force concluded the shooting was a justifiable homicide. That veteran detective, David Fugitt, was the lead detective on Perry's case and also signed a sworn affidavit accusing Garza's office of withholding evidence from the grand jury and of witness tampering.

"Garrett Foster either intentionally or accidentally pointed his rifle at Daniel Perry’s head and Daniel Perry fired in self-defense," Perry attorney Doug O’Connell told Fox News Digital. "And as a practical matter he had no ability to retreat nor was he required to."

Texas castle law extends to one's vehicle in some circumstances.

Perry’s claim that he reasonably feared for his life and fire in self-defense that night during the Black Lives Matter protest comes after several high profile examples of violence stemming from similar protests and riots across the country and in Austin itself. A month prior to the shooting, protesters attempted to storm Austin police headquarters. They were unsuccessful, but during the incident they lowered Texas and American flags, replacing them with political flags. On June 4, 2020, unidentified rioters surrounded and attacked a black Texas state trooper on the grounds of the state capitol, calling him the n-word.

Foster, a 28-year-old Air Force veteran, spoke to a local news station earlier on the night he died and told a reporter that people who didn’t want him protesting were "too big of p-----s" to stop him. Foster also posted anti-police sentiments on social media including a post celebrating officers being injured in the line of duty.

"What would you do if a crowd of protestors surrounded your car while you were driving down a city street and began hitting your car with bricks and then another masked protestor approached your car carrying an ak-47 in the ready position and began to raise it?" A GoGetFunding page established to help Perry with legal funds asks. Perry’s GoFundMe page was taken down by the company earlier this year.

A trial date has not been set for the case, but Perry's lawyers have a call scheduled with a judge on December 15th to review concerns with the grand jury process and how Garza’s office has handled the case.
 
A year later? Hmmm, what changed?

And another Soros funded DA.

https://www.lawenforcementtoday.com/travis-cty-tx-da-accused-of-retaliating-against-cop-for-not-faking-report/

https://cleverjourneys.com/2021/07/11/is-austin-texas-district-attorney-at-war-with-law-enforcement/

https://www.battleswarmblog.com/?p=46085
 
What's this world coming to, when a peaceful protestor can't point his AK47 at a white supremacist without getting murdered?
 
[highlight=yellow]UPDATE: Trial began Monday[/highlight]

Murder trial to begin in Austin for Army sergeant who claimed to shoot BLM protestor in self-defense in 2020

https://thepostmillennial.com/murder-trial-to-begin-in-austin-for-army-sergeant-who-claimed-to-shoot-blm-protestor-in-self-defense-in-2020?cfp



The murder trial for an Army sergeant who shot and killed a protester during riots that rocked the US in the summer of 2020 began on Monday in Austin, Texas.

Perry's defense team alleges that the protesters encircled his car and began pounding on his vehicle. Among the protestors was 28-year-old Garrett Foster, who was armed with an AK-47.

According to Perry, Foster raised the firearm at him, prompting him to open fire with a handgun he legally carried for self-defense. Attorney for Perry Doug O’Connell told Fox News, "When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two tenths of a second to defend himself. He chose to live."

O’Connell added, "It may be legal in Texas to carry an assault rifle in down town Austin. It doesn’t make it a good idea. If you point a firearm at someone, you’re responsible for everything that happens next."

Perry drove away from the scene to a safe location and called 911 to report what happened. He was interviewed by officers that night and released, but a grand jury returned an indictment for murder and aggravated assault with a deadly weapon a year later.

Detective David Fugitt gave testimony that the DA's office forced him to remove exculpatory evidence from his grand jury presentation.

The well-respected lead investigator who is nicknamed the "godfather of the homicide unit," Detective David Fugitt, claimed in an August 2021 sworn affidavit that prosecutors under Travis County District Attorney Jose Garza, who has been funded by George Soros, forced him to remove exculpatory evidence from his grand jury presentation.

Fugitt wrote in the affidavit, "It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry and/or to show that witness statements obtained by the family of Garrett Foster and/or their attorneys were inconsistent with prior interviews such ‘witnesses’ gave the police and/or the video of the incident in question."

An investigation revealed that Garza’s office has dropped hundreds of felony cases but also sought indictments against almost two-dozen APD officers who responded to the 2020 riots, including one during which rioters attempted to take seize the downtown Austin police headquarters.
 
Fingers crossed that the jury will be filled with red blooded Texans and not Austin lib morons.

I was not there, I don't know what happened, but if it went the way it has been described and the DA chose to charge him anyway - they need to run that DA out of town on a rail.
 
Wikipedia:
https://en.wikipedia.org/wiki/Violence_and_controversies_during_the_George_Floyd_protests

July 25: In Downtown Austin, 28-year old Garrett Foster was killed in a shooting at a Black Lives Matter protest. The incident happened around 9:52 p.m. near East Sixth Street and Congress Avenue, according to Austin-Travis County EMS. Police said initial reports indicate that Foster was carrying an AK-47 style rifle, and was pushing his fiancée's wheelchair moments before he was killed.[110][128] Foster identified with the boogaloo movement and had expressed anti-racist, libertarian, and anti-police views in his Facebook posts.[110] [highlight=yellow]Witnesses on the ground reported a driver accelerating their (sic)vehicle into a crowd of people. The suspect then pulled out his own firearm and shot Foster.[129] Foster was then taken to the hospital where he was pronounced dead.[111] The driver accused of shooting Foster was brought in by police for questioning, and his handgun and car were secured for evidence. The driver was released pending further investigation.[/highlight][129] Two memorials to Foster were built in downtown Austin within 24 hours of his death. On July 28, one of the memorials was defaced by an unidentified person.[130]

So, prosecutor telling a different story, probably with Antifa/BLM witnesses giving a version quite different from Perry's.
 
https://www.statesman.com/story/news/local/2023/04/07/daniel-perry-verdict-guilty-murder-garrett-foster-austin-protest/70090982007/

Jury finds Daniel Perry guilty of murder

https://www.austinchronicle.com/news/2023-04-07/might-have-to-kill-a-few-people/

“Might Have to Kill a Few People”
And other texts that suggest Daniel Perry intended to commit murder at a Black Lives Matter demonstration
 
This goes to show you that the rules are different when you live in a libtard enclave, regardless of what the very clear state laws stipulate. All that matters is the inherent idiocy of the jury seated and the ability of the attorneys to convince them whether up is down, sideways or inside-out.

Damn, this makes me so phuking mad.
 
Sounds like this was very different from Rittenhouse -- like the opposite of Rittenhouse. Seems the guy I originally thought was a hero acting in self-defense left a thorough email/social media record of saying he wanted to go there and kill somebody. Stupid. Stupid to go looking for an excuse to shoot somebody. Stupid for putting it in writing. Do people think their emails and social media posts will never be seen in court?
 
Yep his mouth phucked him. If not in shithole austin he still might have got off but when you brag on line the same day about shooting protesters your credibility takes a big hit. Even with police not wanting him charged and prosecutorial corruption its too much to overcome in California's premier gated community, Austin Texas.

And Gov Abbott is swiftly working on a pardon.

https://www.foxnews.com/politics/greg-abbott-working-swiftly-pardon-army-sergeant-convicted-murder-black-lives-matter-riot
 
Gunslinger808 said:
Looks like Governor Perry wants to pardon him.

https://twitter.com/GregAbbott_TX/status/1644778789493243907?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1644778789493243907%7Ctwgr%5Ed37922d43a09be900a97870a0f991c9656593bfd%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fwww.foxnews.com%2Fpolitics%2Fgreg-abbott-working-swiftly-pardon-army-sergeant-convicted-murder-black-lives-matter-riot
 
https://twitter.com/MarinaMedvin/status/1644675611707711489?ref_src=twsrc%5Etfw
 
Governor Abbott pardons Daniel Perry

AUSTIN, Texas — Texas Gov. Greg Abbott issued a full pardon Thursday for a former U.S. Army sergeant convicted of murder for fatally shooting an armed demonstrator in 2020 during nationwide protests against police violence and racial injustice.

Abbott announced the pardon shortly after the Texas Board of Pardons and Paroles announced a unanimous recommendation that Daniel Perry be pardoned [highlight=yellow]and have his firearms rights restored.[/highlight]

Perry had been in state prison on a 25-year sentence since his 2023 conviction in the killing of Garrett Foster, and was released shortly after the pardon, a prison spokeswoman said.

Perry, who is white, was working as a ride-share driver when his car approached a demonstration in Austin. Prosecutors said he could have driven away from the confrontation with Foster, a white Air Force veteran who witnesses said never raised his gun.

A jury convicted Perry of murder, but Abbott called it a case of self-defense.

“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney,” Abbott said.

A Republican in his third term, Abbott has typically issued pardons only for minor offenses, and he notably avoided a posthumous pardon recommendation for George Floyd for a 2004 drug arrest in Houston. It was Floyd's killing by a white police officer in Minneapolis in 2020 that set off national demonstrations.

Abbott ordered the board to review Perry’s case shortly after the trial, and said he would sign a pardon if recommended. Under Texas law, the governor cannot issue a pardon without a recommendation from the board, which the governor appoints.

Travis County District Attorney Jose Garza blasted the pardon as a “mockery of our legal system.”

“The board and the governor have put their politics over justice,” Garza said. “They should be ashamed of themselves. Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and some lives do not."

Abbott’s demand for a review of Perry’s case followed pressure from former Fox News star Tucker Carlson, who on national television had urged the governor to intervene after the sergeant was convicted at trial in April 2023. Perry was sentenced after prosecutors used his social media history and text messages to portray him as a racist who may commit violence again.

The sergeant’s defense attorneys argued that Foster did raise the rifle and that Perry had no choice but to shoot. Perry did not take the witness stand and jurors deliberated for two days before finding him guilty.

Perry acted in self-defense when confronted by an angry crowd and a person with an assault rifle, Perry attorney Clint Broden said after the pardon.

“The events of this case have always been tragic and, unfortunately, Garrett Foster lost his life,” Broden said. “Mr. Perry and his family thank the Board of Pardons and Parole for its careful review of the case and are grateful that the State of Texas has strong laws to allow its citizens to protect themselves.”

Foster's girlfriend, Whitney Mitchell, was with Foster when he was killed. She called the pardon an act of “lawlessness.”

“With this pardon the governor has desecrated the life of a murdered Texan and U.S. Air Force veteran and impugned that jury’s just verdict. He has declared that Texans who hold political views that are different from his and different from those in power can be killed in this state with impunity,” Mitchell said.

The shooting set off fierce debate in 2020 amid the demonstrations sparked by Floyd's death, and Perry’s conviction three years later prompted outrage from prominent conservatives.

Before sentencing in the case, Carlson aired a broadcast calling the shooting an act of self-defense and criticizing Abbott for not coming on his show. The next day, Abbott said he believed Perry should not be punished and told Texas’ parole board to expedite a review of the conviction.

After the verdict but before Perry was sentenced, the court unsealed dozens of pages of text messages and social media posts that showed he had hostile views toward Black Lives Matter protests. In a comment on Facebook a month before the shooting, Perry wrote, “It is official I am a racist because I do not agree with people acting like animals at the zoo.”

Perry served in the Army for more than a decade. At trial, a forensic psychologist testified that he believed Perry has post-traumatic stress disorder from his deployment to Afghanistan and from being bullied as a child. At the time of the shooting, Perry was stationed at Fort Cavazos, then Fort Hood, about 70 miles (110 kilometers) north of Austin.

__
 
Back
Top