A man allegedly responsible for the killing of a protester in downtown Austin has been identified by his lawyers. In an undated press release dated July 31, Dallas-based law firm Broden & Mickelsen said it was representing Daniel Perry, the alleged shooter responsible for the shooting of Garrett Foster in a July 25 protest.
Austin Police have not confirmed the law firm’s allegations, nor have the department identified anyone – including Perry – as a potential suspect in the case.
According to his attorney, Perry was working as a rider on Saturday night when he encountered the protests on Congress Avenue. After dropping a customer “near Congress Avenue”, Perry drove to a “hot spot” to wait for new driving notifications. As he turned right onto Congress on Fourth Street, Perry encountered “a crowd on the street,” the statement said.
When Perry turned onto Congress Avenue, “several people beat his vehicle,” the press release said. “A person with an assault rifle now known as Garrett Foster approached the car quickly and motioned for Mr. Perry with the assault rifle to lower his window.”
Perry, a U.S. Army sergeant on active duty, initially believed Foster was a law enforcement agency, said the release and lowered his window.
“After they opened the window, Sgt. Perry realized that the person with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this person with the assault rifle then began to raise the assault rifle towards Sgt . Perry. “
Perry, who like Foster had permission to carry a gun, shot and killed Foster. According to an Austin Police report released earlier this week, Perry was shot at by another protester who was also legally licensed to carry a gun while he was driving away.
The video of the incident, seen here around the 2 hour 35 minute mark, confirms some of the claims made by Perry’s lawyers. It doesn’t reveal whether or not Foster raised his gun, however – a question that has received mixed responses in interviews with witnesses. What the video shows, however, is a chaotic scene that only lasts seconds.
In response to a request for confirmation, APD made the following statement:
Detectives are still in the process of searching the area and contacting companies with visible cameras. The contacts provided all footage that is being reviewed by investigators, as well as videos and images provided by those who were there at the time of filming. Companies with footage that has not yet been contacted are encouraged to proactively report to the APD Homicide Unit via Crime Stoppers or the above email address.
In addition, rumors circulate about the identity of those involved. What we can definitely say is that no one involved in this case has any connection with law enforcement, including APD.
We have not released any information about any suspect or witness during this active investigation. This is done to minimize external influences that could hinder witness and suspicion testimony and hinder future legal proceedings. For this reason, we can neither confirm names nor tolerate the publication of unconfirmed names.
The APD Homicide Unit continues its commitment to conduct thorough and impartial investigations based on fact.
The Austin Police are asking anyone with information or anyone who was in close proximity to the vehicle and who witnessed the incident to contact the Capital Area Crime Stoppers at 512-472-TIPS (8477) or email homicide.apd @ austintexas.gov.