Attorney of Driver in Austin Shooting Releases Details Confirming Self Defense

U.S.A.-(AmmoLand.com)- There are new developments in the shooting case where a driver shot a protestor who was armed with an AK47 type rifle, as his car was being swarmed by the crowd of protestors. The following is a press release from the attorneys of Daniel Perry, who has identified himself as the driver who shot Garrett Foster on the evening of 25 July. This account tells what happened from the viewpoint of Daniel Perry. From the press release:

F. Clinton Broden and Broden &Mickelsen issue the following statement on behalf of our client, Daniel Perry.

Daniel Perry is an active duty sergeant with the United States Army. He is a former Eagle Scout from the North Texas area and served our country proudly for the past eight years. Sgt. Perry served a tour in Afghanistan and has been the recipient of numerous army awards and commendations.

On the evening of July25, 2020, Sgt. Perry was in Austin, Texas driving for a ride share company in order to earn extra money. He had dropped his client off in the vicinity of Congress Avenue. He was then going to proceed to a “hot spot” in order to wait on notification to pick up another client or to pick up food for delivery. Sgt. Perry made a right onto Congress Avenue from Fourth Street and encountered a throng of people in the street. Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place.

When Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command. After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life.

Immediately after Sgt. Perry fired on the individual who raised the assault rifle toward him, a member of the crowd began firing on Sgt. Perry’s vehicle. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and fully cooperated with the police following the shooting and he continues to do so.

We urge the public to allow the police to conduct a full investigation. We also need to correct statements that have been reported by the press. First, Sgt. Perry never left his vehicle preceding or immediately following the shooting. Second, Sgt. Perry did not “flee” but immediately called police upon getting to safety. Finally and most importantly, police have interviewed witnesses who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perry’s life.

Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr.Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts. The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car. We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening.

Image of Daniel Perry from press release, cropped and scaled by Dean Weingarten

This is very close to the speculation put forward from the available facts, published in AmmoLand on July 29. From that article:

Consider the position of the driver. He is driving on public streets, and is blocked by a mob of numerous persons who angrily beat on his vehicle. He is where he has a right to be; they appear to be breaking the law. He says a person with an AK47 pointed the rifle at him. Several people in his position have been shot, shot at, or dragged from the vehicle and beaten.

When governments allow people to block the public right-of-way, without normal precautions, tragic situations are all too likely to occur. Whether it is a driver striking protestors who run in front of him on a dark freeway where they have significantly reduced access, or protestors who stop vehicles and beat innocent occupants, or when protestors shoot at vehicle occupants to enforce their will; when protestors shoot drivers, these events are made possible by governments who are complicit with the protestors in blocking normal access, for political purposes.

Blocking streets without notice, is not a peaceful assembly. It is a form of political intimidation.

The Left continually attempts to portray these incidents as “drivers attacking protestors”. Examined closely, that is almost never the case. It is the drivers who are the innocent victims, caught up in a no-win situation by a hostile mob who feel entitled to disrupt other people's lives.

The ability to travel freely, in relative safety, is a hallmark of civilization. The ability to block public right of ways without legal consequence, is evidence of a breakdown of the civil order, of anarchy and mob rule.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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NickAtNight
NickAtNight
3 months ago

Thank you for the information.

Can you state who we hear on the video just before the shooting and what they said. Something like ‘every body get back now’.

aebiv
aebiv
3 months ago
Reply to  NickAtNight

Witnesses said it was Foster from what I’ve seen/read.

aebiv
aebiv
3 months ago

So, why in the video, do we see that his window was down before he even pulled through the intersection? Why do we never seen video of Foster raising the gun before he was shot? It’s apparent in the video, it never made it past 15 degrees. What do we make of Perry’s tweets and posts about wanting to kill protestors? What do we make of the witness statements that claimed Terry was brandishing first? You folks who think this was a clean shoot, didn’t see the video, and now are ignoring the blatant lies all because you just hate… Read more »

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  aebiv

Please point out the video by link and the time stamp where his window was down before he even pulled through the intersection! If I stand in front of you with my handgun at low-ready and giving you orders, would you be in fear of your life or not? What do we make of the video of Garrett Forest threatening people opposing the protest? There is a photo of Garrett Forest approaching the driver side window from the rear with his rifle in low-ready position. The driver could not have possibly brandished first as the un-armed crowd was closer to… Read more »

NickAtNight
NickAtNight
3 months ago
Reply to  aebiv

I went back and rewatched the dash cam video. 25 seconds in we see the car. It looks like the window is up to me.

Knute
Knute
3 months ago
Reply to  NickAtNight

To me also, but it is not relevant. Just a red herring. A distraction away from the relevant facts. Like: Prehaps it was hot and the car had no A/C! Just try driving with the windows up and the A/C off in Phoenix one time, and the reason why windows roll down will be made very clear. What IS relevant is: driving with the windows down (or up, or anywhere else) is no reason to point guns at people. That is an illegal act. “Rule 2. Never let the muzzle cover anything you are not willing to destroy.” Pointing a… Read more »

aebiv
aebiv
3 months ago
Reply to  Knute

I left a comment above awaiting moderation that has some links.

Dave in Fairfax
Editor
Dave in Fairfax
3 months ago
Reply to  aebiv

aebiv,
If you want to avoid auto flagging for moderation, only have one link in each message.

aebiv
aebiv
3 months ago

Thanks Dave!

Knute
Knute
3 months ago
Reply to  aebiv

I checked those links out. Not one person can be identified in them. They are just crowd noise, followed by some audible gunshots. No thing and no one identifiable. Lacking anything more, the witness statements (purported to be from the demonstrators themselves, thus they must be assumed to be as supportive of Foster as possible) that Foster was seen pointing his rifle at the car must take presidence. This is only basic logic. That in the absence of video (or forensic) evidence, containing persons that can be clearly identified, the eyewitness statements must be the primary evidence. Not that eyewitnesses… Read more »

aebiv
aebiv
3 months ago
Reply to  Knute

https://www.instagram.com/p/CDHoiN1A9CU/?utm_source=ig_web_copy_link really? You can pretty easily tell who that is.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  aebiv

Your video doesn’t show that his window was down before he even pulled through the intersection, as you stated above!

Here is the image of Garrett Foster approaching the car with the rifle in low-ready:comment image

aebiv
aebiv
3 months ago
Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  aebiv

I did and I certainly can not make out if the driver-side window of a black car at night was up or down.

aebiv
aebiv
3 months ago

From what I can tell, I didn’t see the reflection of lights like one would if it were up. Which, appear on the rest of the car.

Regardless, not here to change minds, I think everyone’s mind is pretty well made up. Thanks for the civility though.

Knute
Knute
3 months ago
Reply to  aebiv

I also cannot see either of the side windows at all. Only the windsheild, which, as you must know, haven’t been openable since the 1930s, except for the WW2 Jeep. One cannot even identify Foster from the still posted by CF with the red circle around hum. I can only positively identify the hat, but I’m sure you are aware that clothing is not an identifing feature. It is used on suspicion for arrests, sometimes, but it is not an identification. Many times the one arrested ( and also often beaten) turns out to just be an innocent wearing similar… Read more »

NickAtNight
NickAtNight
3 months ago
Reply to  aebiv

I have seen no video of Foster at the incident. There is a still shot of Foster with the gun at a 15 degree angle. But that is it. If you have such a video, please post a link. There are only two videos that I know about. The very long one of the person walking with the protestors. That point of view is from across the street. Then there is the dash cam view. That point of view is from the back side of the car. The photo of Mr. Foster holding his gun at the low ready has… Read more »

Get Out
Get Out
3 months ago

Unfortunately Sgt. Perry will have to live with this for the rest of his life, but his response was spot on to the immediate threat of having a weapon pointed at him. Foster had the false impression that his AK made him invincible.

Stone
Stone
3 months ago

Nice write up by his lawyer, but..I don’t care that Mr. Perry was an eagle Scout, I don’t care he was serving our country. While I can appreciate those aspects of his life and thank him for his service, neither of those had a thing to do with the shooting. The fact is, a Bugger Eating Moron (B.E.M.) walked up to his car and leveled an AK at him and Perry did the same thing any sane person would do, shoot the guy. Reading the background to this incident, it is a cut and dried case of self-defense. If he… Read more »

MICHAEL J
MICHAEL J
3 months ago

Point a weapon at a complete stranger, what could possibly go wrong? In Texas no less.

tatersalad
tatersalad
3 months ago
Reply to  MICHAEL J

One thing is for sure the guy with the AK47 wont be pointing a gun at anyone else. If you point a AK at someone dont be surprised when you become room temperature!!!!

hoss
hoss
3 months ago

When Antifa, and BLM are finally declared domestic terrorists org. that are run by the Chinese Communist Party then we can get rid of the Commie rat Bastards that are in the government. Funny isn’t it, we’ve been fighting the communist since the 50s, and now we have them not only in our government, but our schools, and colleges as well.
The oath I took does not have an expiration date.

JPM
JPM
3 months ago

Sympathy for Mr. Foster’s family? I suppose the lawyers had to throw that in. I say good riddance to bad rubbish. His family should have raised him better. Well done Sgt. Perry, good shooting and a good beginning.

Branden
Branden
3 months ago

If they find he fired in self defense then the person from the crowd that fired on him has to be charged. You cant fire at someone who is justified in using deadly force to protect their self.

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  Branden

Not necessarily! The perspective of the second person firing shots counts! The law typically says something to the extend of “fear of imminent serious bodily harm or death”. That fear may come from not knowing if the actions of the first person firing the shots were justified and a reasonable fear of being targeted.

NickAtNight
NickAtNight
3 months ago

Who or what did those three shots hit?

Charlie Foxtrot
Charlie Foxtrot
3 months ago
Reply to  NickAtNight

The three shots were aimed at the driver in the car, according to the person firing those shots. The evidence report has not been released to the public, so we do not know where those shots actually went.

American Patriot
American Patriot
3 months ago

He was a grunt that why he was able to put that POS down. If it had been a cop it would of taken 2 mags just to give him a flesh would….Good job Sgt!

james
james
3 months ago

Good job by the Sgt. and his lawyers ‘individual with an assault rifle’.

Finnky
Finnky
3 months ago
Reply to  james

– Lets try to avoid anything that feeds “black rifle bad” crowd. The deceased had a rifle with which he threatened sgt Perry. Type of rifle is irrelevant, a break action 22 is quite deadly at that range. Additionally it was not an assault rifle and in Texas we do not subscribe to “assault weapon” nonsense.

Camotim
Camotim
3 months ago

This man did what he had to do.

Mystic Wolf
Mystic Wolf
3 months ago

One look at the guys eyes say it all, this derpy nutcase is downright creepy looking, he kinda looks like something out of a creature feature and he is the creature. Most of those that are either protesting or rioting want only one thing they want to to push this country toward communism. I actually had a couple of kids tell me that communism would be better than what we have now, yeah we have only the communist teachers to thank for this, telling kids how great things were in russia, or that burnum sanders guy saying how great bread… Read more »

Tactical Tea Company
Tactical Tea Company
3 months ago

Without a doubt, the Sgt. was justified in this self-defense shooting; however, the video of the incident seems to contradict the narrative being presented by his attorney. In the video, you can clearly hear five shots (sounds like a rifle) before three shots (which sound like a pistol).

Heed the Call-up
Heed the Call-up
3 months ago

It is quite likely at the time of the attorney statement that they did not have this video. I suspect that the attorneys did not mention shots fired as they probably did not have verification of that then, so they stated only that he pointed his rifle at the self-defense victim. Thankfully, the useful idiot in the street recorded and posted the statement of the rfileman and the sounds at the time of the shooting so as to validate the self-defense incident. In this incident the useful idiot was more useful to us.

Charlie Foxtrot
Charlie Foxtrot
3 months ago

The video does not contradict the statements by the attorney. What is funny is all the self-proclaimed experts on the Internet analyzing the incident from the cell phone video and not listening to the statement made by Austin PD. The rifle was never fired! The first 5 shots came from the driver defending himself against Mr. Foster. The 3 different-sounding shots after that came from a completely different person shooting at the car while it was driving away. Austin PD clearly stated that Mr. Foster didn’t fire his weapon and that the 2 shooters that did had been identified, interviewed… Read more »

Deplorable Bill
Deplorable Bill
3 months ago

You got it right Sir. No shots from the rifle.

Arm up, carry on.

robgc1
robgc1
3 months ago

I guess Foster found out the hard way that the other side’s not p*****s, Foster got what he deserved..Does anyone know if there is a Go fund me for Sgt. Perry to help out with his defense?

Finnky
Finnky
3 months ago
Reply to  robgc1

@robgc1 – When one threatens random strangers, everyone is on the other side. Even the most ardent communist would have been justified in shooting Foster. He seems to have thought that everyone is a P, and probably hoped that carrying a gun makes him a MAN. Probably hoped to get some P out of the deal. Fortunately sgt Perry is not a P, and carries his gun because he is a man rather than to make himself a man. Unfortunately Foster serves as an example of what anti-gun people claim – that some man-boys think a gun makes them invincible… Read more »

YourTruth
YourTruth
3 months ago

Modern liberalism is a mental illness

19145839_766551956856616_6784497948681767043_n.jpg
Finnky
Finnky
3 months ago
Reply to  YourTruth

– Love that this is a chihuahua. Doesn’t just express distaste with the movement, but suggests scale of importance. It doesn’t take a mastiff or even just a pit bull to deal with them – even a chihuahua knows better and can vanquish them.

Your picture made my day, and sun is just barely up!

Bubb
Bubb
3 months ago

Perfect conclusion…well done as usual.

The ability to travel freely, in relative safety, is a hallmark of civilization. The ability to block public right of ways without legal consequence, is evidence of a breakdown of the civil order, of anarchy and mob rule.

Winchester1873
Winchester1873
3 months ago

It’s a shame that a life was lost, but Foster was a thug who got what he deserved. This is a simple concept for all the snowflakes looking for their safe space to hide and whine.

Rock
Rock
3 months ago
Reply to  Winchester1873

You know he will STILL vote for brainless Biden….

RayJN
RayJN
3 months ago
Reply to  Rock

The Dems have the dead vote locked up!

Tionico
Tionico
3 months ago
Reply to  Winchester1873

“a life was lost” I disagree. A life was foolishly laid down by the person himself. He had no one forcing him to play vigilante or revolutionary. My best hope is that perhaps some of his oals and cohorts will sit down and have a hard thihk about their own conduct and perhaps reevaluate their present course. Not likely, but hey, I can hope, right? life like this already wasted in trying to tyrannise others is not one I will cry over coing to an end. I am curius as to the situation with the “other shooter” whom police contacted… Read more »

Matt in Oklahoma
Matt in Oklahoma
3 months ago

The libs don’t mind sacrificing a few of their own to try and break the bank and backs of law abiding citizens who won’t fall into line and assimilate with the new agenda.
Get carry insurance and protect yourselves from the secondary threats

Bill
Bill
3 months ago

It’s good to have these added facts!

GUNFUN
GUNFUN
3 months ago

This sounds a lot more likely than the narrative that has pushed upon us by the fake news outlets.

Deplorable Bill
Deplorable Bill
3 months ago

Dean is right, put yourself in the car, surrounded by an angry mob, then someone comes toward you and points a rifle at you. You can’t outrun bullets. Other innocent people were assaulted, shot etc. It’s difficult to describe the shock of the reality of what you must do to defend yourself. It seems like forever but it’s over in just a few seconds. I have been there, several times and I hope It never comes my way again. In the time it takes to raise the muzzle up you must realize what is about to happen, you or the… Read more »

Superman
Superman
3 months ago

Lawyers hired by the relatives of the deceased will ALWAYS make sure there is the ‘he said or she said’, regardless if a camera was present. Cameras do not tell the entire story and are not a get out of jail free card.

JDT
JDT
3 months ago
Reply to  Superman

Better to have a camera than not have one…It could help when you are by yourself and your word vs a crowd of jerkoffs. Lucky witnesses confirmed the AK was being used in an intimidating manner.

Bob
Bob
3 months ago
Reply to  Superman

Okay Superman so don’t use one. I think video evidence is better than none.

Deplorable Bill
Deplorable Bill
3 months ago
Reply to  Superman

It worked for me. Yes the other side will try just about anything but vidio with audio is very compelling. Cops carry them for that reason. You can’t really think those cameras at every intersection are there for giggles, do you?

Arm up, carry on

Get Out
Get Out
3 months ago
Reply to  Superman

Saw a couple of videos showing Foster was the aggressor while approaching Sgt. Perry’s car with his weapon at the low ready. I’m sure there are more out there that need to be seen as well. Sure does cut down on the he said, she said BS.

NickAtNight
NickAtNight
3 months ago
Reply to  Get Out

Well it did clear out the lie that he was still pushing his disabled wife around. He was certainly doing much of the time, but not at the time of the incident.

usaimages
usaimages
3 months ago

Sure hope he has USCCA insurance!

O. L. James III
O. L. James III
3 months ago
Reply to  usaimages

USCCA has dollar limits on the support they offer and the limits are way too low. Also, USCCA is being sued in federal court for failure to pay. https://lawofselfdefense.com/uscca-sued-in-federal-court-refused-to-cover-platinum-member/

usaimages
usaimages
3 months ago

Thanks for the link. Had no idea until I read the article.

Charlie Foxtrot
Charlie Foxtrot
3 months ago

The person suing the USCCA likely violated the USCCA’s terms of agreement, which is why the USCCA dropped coverage. She broke her bond conditions after that too: https://www.kalb.com/content/news/Kayla-Giles–568631471.html

Darkman
Darkman
3 months ago

Facts are a irrelevant consequence for people who have been raised to believe that their feelings are the only thing that matters. Best wishes to Sgt.Perry and his family. Good shoot Sir.

Rock
Rock
3 months ago
Reply to  Darkman

Sgt. PERRY DID exactly WHAT HE WAS TRAINED AND SHOULD HAVE DONE… No more, no less.