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Day 4 of testimony in Daniel Perry trial wraps up

Seven witnesses took the stand Friday.

AUSTIN, Texas — Day four of testimony wrapped up in the murder trial of a rideshare driver accused of killing a protester in Downtown Austin nearly 3 years ago. 

Army Sgt. Daniel Perry says he shot Garrett Foster in self defense after Foster raised his rifle at him. The jury heard from seven witnesses Friday, including three crime scene specialists, a fingerprint specialist, a firearm examiner and the medical examiner who performed the autopsy on Foster. 

Former police officer Joshua Visi testified on Friday, saying he was assigned to the protest to help "keep the peace" when he got a call of shots fired, encountering Perry.

During his testimony, Visi said he remembered Perry's hands were "shaking" and he remembers the "quiver" in his voice. The audio recording of the 911 call Perry made and the body camera footage from the officers' interactions with Perry after the shooting were both played during the trial.

"I've been in Afghanistan and I was never so scared as I was tonight. You know, this is Austin, you know, I've always felt safe here until tonight," Perry said.

In the footage, Visi tried to sympathize with Perry. 

"I wasn't in the car with you, the way you're describing it to me, I can see why you reacted, the way you are. I'm not going to say if it was right or wrong because only you can answer that question," Visi said. 

The body camera footage also showed Perry saying he was "more focused" on Foster's weapon than his face. 

The trial will resume on Monday morning.

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