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Army sergeant accused of killing protestor in July 2020 to stand trial this week

Daniel Perry is accused of killing protestor Garrett Foster in July 2020.

AUSTIN, Texas — A U.S. Army sergeant accused of murdering a demonstrator at a 2020 police brutality protest in Downtown Austin will stand trial in the shooting beginning Monday in Travis County District Court. 

On July 25, 2020, Daniel Perry was working as a rideshare driver when he took a turn onto a street where a group of people were protesting police brutality. That wrong turn led to a clash between Perry and a protestor.

According to Perry's lawyer, he dropped off a rideshare customer in Downtown Austin and was then surrounded by demonstrators. Some of them allegedly beat on Perry's car – including Garrett Foster.

Foster and his fiancé had attended previous demonstrations. At the one on July 25, Foster was holding a rifle.

Perry claims Foster raised a weapon, prompting Perry to shoot him. Perry called 911, but Foster did not survive.

Perry says he acted in self defense, and turned himself into authorities after the shooting. Since then, he has been out on bond.

In July 2021, after reviewing evidence, a grand jury indicted Perry with murder, deadly conduct and aggravated assault. 

The trial will not be streamed, according to KVUE Senior Investigative Reporter Tony Plohetski, for fears of witness tampering.  

The family of Whitney Mitchell, Foster's girlfriend, provided the following statement:

"We are seeking justice on behalf of the two families whose lives have been destroyed, Garrett’s and ours. We have no further comment at this time."


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