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Austin protest shooting: Demonstrators damaged rideshare driver's car prior to shooting, lawyers say

In a release sent out Monday afternoon, Daniel Perry's lawyers also clarified whether he attended Garrett Foster's memorial service.

AUSTIN, Texas — The lawyers for Daniel Perry, the man who shot and killed Austin protester Garrett Foster on July 25, released new information on Monday "in an effort to correct false facts contained on social media and in some press reports."

On the night of July 25, according to Clint Broden with the Dallas law firm Broden & Mickelsen, Perry, an active-duty U.S. Army sergeant, was working in Austin as a rideshare driver for Uber.

According to Broden, Perry dropped off a rideshare customer near Congress Avenue before turning onto Congress Avenue near Fourth Street. Perry, who said he did not know protests were happening that night, found himself surrounded by a group of protesters, several of whom allegedly beat on his car.

Perry claims Foster, who police say was carrying a rifle, approached his car and motioned for him to roll down his window. Initially, Perry said he thought Foster was a member of law enforcement. Perry said at some point, Foster raised his weapon at him, prompting him to shoot Foster.


Dallas attorney names shooter linked to Austin protester death

Can rideshare drivers carry weapons?

On Monday, Broden & Mickelsen addressed allegations that Perry had traveled to Austin for "any nefarious purpose." The firm said that Perry was driving for Uber to earn extra money to support himself and that he is stationed in Killeen and his travel is limited to 100 miles from the base. Austin is the closest location that has significant ridesharing customers, the firm said.

Broden & Mickelsen said Perry turned over his phone to Austin police the night of the shooting so officers could verify that he was driving for Uber by accessing the app. Perry doesn't currently have access to the app, but the firm released portions of his bank statement that show Uber deposits into his account on the night of July 25.

RELATED: Mayor speaks about Austin protests after troopers clash with demonstrators

Broden & Mickelsen also released photos of damage allegedly done to Perry's car by protesters prior to the shooting. Two photos also show bullet holes in Perry's car. Austin police have said another person in the crowd fired return shots at Perry after he shot Foster. Police have not identified nor charged the person who fired those shots.

Broden & Mickelsen also addressed social media speculation that Perry attended Foster's memorial on July 26. The firm stated that Perry did not attend, saying, "even though Sgt. Perry acted in self-defense in shooting Mr. Foster, Sgt. Perry was devastated by Mr. Foster’s death and would have never intruded on his memorial." 

The firm added that Perry has also been restricted to Fort Hood "for his own safety" since returning after being released by police. The firm said he has not left the base since that time.

WATCH: Austin protests after shooting death of Garrett Foster: Mayor speaks after protests ramp up


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