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Day 6 of testimony wraps up in Daniel Perry trial

The defense took the lead on Tuesday, bringing up two witnesses.

AUSTIN, Texas — Day six of testimony is over in the murder trial of a rideshare driver who claims he shot an armed protester in self defense three years ago in Downtown Austin.

Army Sgt. Daniel Perry said Garrett Foster raised his rifle at him and that is when he shot Foster. 

On Tuesday, witnesses for the defense took the stand and gave their testimony.

The first was Jason Evans, who works in forensic engineering. He analyzes police scenes and uses engineering principles to determine what happened. In Daniel Perry's case, he synced the videos and images provided to him of the shooting that took place three years ago. 

During his testimony, he said his team is able to show and know that just before the first shot fired, Garrett Foster was 18 inches from Perry's car door.

"Mr. Foster's military records indicated he was 70 inches tall, plus he was always wearing shoes that equated out to an inch and a half. For this analysis, we wanted ensure we actually represented his body and all this other stuff," Evans said.

Based on his analysis, Evans determined Perry also didn't strike any traffic cones or bollards and there was a distinct "thud" while Perry was in the car.

The State went on to cross-examine Evans, asking him whether he knew the positioning or angle of the camera at the time the video was taken when Perry's car turned onto Congress Avenue. Evans said he did not know the exact location.

Evans said there were limits in the analysis, but he felt confident it was "accurate" and "truthful."

Another witness that took the stand was Emanuel Kapelsohn, a firearms and use of force training consultant. He showed how fast a person with a rifle could shoot from a low-ready position. 

On Wednesday, former Austin Police Department detective David Fugitt is expected to testify.

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