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Day 2 of testimony wraps up in Daniel Perry murder trial

Seven witnesses took the stand Wednesday.

AUSTIN, Texas — Day two of testimony wrapped up Wednesday in the murder trial of a rideshare driver accused of killing a demonstrator at a social justice protest in Downtown Austin. 

Sgt. Daniel Perry says he shot Garrett Foster in self-defense when Foster raised his rifle at him. 

Jurors on Wednesday heard from Foster's partner, Whitney Mitchell, and his roommate, Jeremy Lett.

Mitchell teared up when asked about the night of the shooting. During her testimony, she remembered Perry's car traveling towards the protesters. including Lett, Foster and herself. 

"I remember Garrett saying, 'Move on.' And all I remember is hearing gunshots and Garrett just falling over in front of me ... then the car sped off and I jumped out of the chair," said Mitchell, who travels in a wheelchair after having her arms and legs amputated.

After Mitchell gave her testimony, Lett took to the stand. He said when Perry's car drove through the crowd that night, he kicked the car in anger, leading Perry to stop. 

In a confrontation, Perry shot Foster. Lett remembers the gunfire.

"When the car left, I tried to put pressure on one of his wounds," Lett said.

The defense also asked Lett about the rifle Foster carried during the protest. Lett gave a demonstration of how he remembers Foster holding it.

Five other witnesses testified Wednesday, including two people who were at the protest when Foster was shot. The jury also heard from a detective with the forensics unit and a data analyst from the Travis County District Attorney's Office who analyzes phone data.

The trial will resume again on Thursday morning.

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