Army sergeant indicted for murder in 2020 Austin riot shooting pleads self-defense: police investigator agrees

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.

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.”

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.

Almost a year ago I posted about Perry getting charged. 

Despite the lead detective calling it a good shoot and evidence that the DA has engaged in criminal activity in regards to his handling of the case, it’s still moving forward.

This is absolutely political.  The slow grind of this case is intended to wear the defendant down and to teach us all the lesson that if we defend ourselves from their paramilitary enforcers, we will never be free of the consequences.

They will lie, cheat, and engaged in criminal malfeasance to secure a conviction or bankrupt us in defending ourselves.

My hope is that the recent pushback we’ve seen against Leftist prosecutors in San Francisco, Philadelphia, and Virginia, reaches Texas and this DA is caught and disbarred for malicious prosecution and Perry receives a big fat check for what is being done to him.

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By J. Kb

4 thoughts on “The slow grind of politicized justice”
  1. I saw Garrett Foster in several YouTube “Peaceful Protests of BLM/ANTIFA” videos within a few months leading up to this Houston incident. Like an NPC in a video game he was in the background. In different states. With relatively short time frames between sightings. Usually pushing his wife along in her wheel chair. (After I watched the cell phone video of the shoot I thought, “That guy looks familiar.” and went back through riot vids I thought I’d seen him in.) Where does someone like Foster get money to travel like that? Portland, Seattle, Chicago, Kenosha…
    As for the prosecutor, may the fate of Mike Nifong be his. Sadly, it is almost too much to hope that he would actually be held accountable; be disbarred and do jail time, for his misdeeds, lies and chicanery.


  2. The fact that he’s in Texas is overridden by the fact the grand jury, (and likely trial jury) is pulled from the very liberal Austin area. The detective seems to be solid (sworn affidavit of withholding evidence and witness tampering by the prosecutor). Hopefully that factors in to how the judge handles this case.

    Agreed it would be a bonus if the folks there removed the prosecutor, but this case in particular was BLM and not embedded in the day to day criminality, not sure how fed up the locals are with this stuff.

  3. While this is indeed purely political, the wheels of justice always grind slowly. Very slowly. A distant family member that shares no blood with me got involved in a wreck while under the influence of prescription drugs. As in he took way too many and was stone out of his gourd. Ended up killing someone. It took almost a year after the wreck before he was arrested. Then another 9 months before the trial. So almost 2 years in what should have been an open-n-shut case (which the DA blew and got a not guilty verdict).

    So no surprise here that it took almost 2 years to come to trial. But yeah, totally political.

  4. And yet the Antifa terrorist who murdered a conservative in cold blood in Denver got off completely scot free.
    Tells you everything you need to know about how utterly subhuman liberals are.

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