Prosecutor’s Treatment of Self-Defender Recalls Soviet Maxim about Showing the Crime

Soros DA Garza doesn’t even want you to have a gun let alone use one to defend yourself. (District Attorney José Garza/Facebook video)

U.S.A. – -(

“A Travis County grand jury … indicted Army Sgt. Daniel Perry on charges of murder, aggravated assault and deadly conduct after he shot and killed Garrett Foster, an armed protester in downtown Austin last year,” The Texas Tribune reports. “…Perry stopped his car and honked at people protesting police brutality while they walked through the street, blocks from the state Capitol. Seconds later, he drove his car into the crowd, police said.”

And then he killed one of them? That doesn’t sound good.

But there’s more to the story than is being reported here, although the beginning of how it is unraveling is touched on:

“[Perry’s attorney Clinton] Broden said the prosecutors in the Travis County District Attorney’s office refused to allow Perry’s attorney to present written evidence to the jury. This refusal is unusual in Texas and begs the question of why the District Attorney’s Office would not allow this,’ Broden said. ‘We understand the political motivations of the District Attorney, however, when this case is presented to a jury at trial and the jury gets to hear all the evidence instead of a one-sided presentation, we have every confidence that Sgt. Perry will be acquitted.’”

So what’s going on with the prosecutor? And why shouldn’t our default be to side with “two witnesses of the shooting [who] told the Texas Tribune they believed Perry’s behavior was threatening and intentional?”  For that matter, aren’t his tweets about “protesters, anarchists, agitators, looters, or lowlifes” damning and indicative of a predisposition to wanting to do them harm?

In answer to that last one, most of the comment posters here, myself included, had better never find ourselves in a defensive gun use situation against anyone who is a member of a group we oppose because the Internet is forever (unless you’re David Chipman), and any sentiments expressed could come back to haunt us.

As for the other questions, first, let’s hear Perry’s side of the story, and to do that. Some friends of his have set up a gofundme page to help with his legal defense.

The reason he was in the area is he was also an Uber driver “to make ends meet.”

“Sgt. Perry had dropped his client on or close to West 6th Street at approximately 9:15 p.m. Sgt. Perry made a right onto Congress Avenue from Fourth Street, and it was there that he first encountered a throng of people in the street. It was not immediately apparent to Sgt. Perry what group was demonstrating and, prior to turning onto Congress Avenue, Sgt. Perry had been unaware that a demonstration was taking place. After Sgt. Perry turned onto Congress Avenue, several people started beating on his vehicle. Pictures showing the damage to Sgt. Perry’s car are in the possession of the police. The pictures included pictures of damage done by protestors hitting the car with brick, trying to pull the door of the frame and from bullets.”

He shot Foster, who was masked, in self-defense, Perry says, “after the man raised an AK-47 toward him.”

OK, so what’s the beef with the prosecution?

The gofundme page links to a Dropbox file, a “Request for Evidentiary Hearing in Support of a Motion to Dismiss Indictment Based Upon  Prosecutorial Misconduct.” Part of what is alleged there includes:

“[T]he lead detective in this case, David Fugitt, was specifically instructed not to tell grand jurors that the State was in possession of evidence that would indicate that witnesses who claimed that the deceased, Garrett Foster, did not begin to raise his AK-47 assault rifle toward Sgt. Perry were not in a position to see Foster at the time of the incident and that any testimony they might provide would be false and perjurious. The detective was likewise instructed to amend demonstrative evidence that was to be presented to the grand jury (cutting the presentation by more than sixty percent) to remove exculpatory evidence after the demonstrative aid was presented to prosecutors for review.”

A prosecutor with all those resources at his disposal playing that way against a lone defendant who has to rely on crowdsourcing to raise money for his legal bills? Does it sound like mere citizens have a chance in such a system that demands crucial evidence to be withheld?

Manipulating the legal system so blatantly and arrogantly is reminiscent of a chilling sentiment from Joseph Stalin’s secret police go-to guy, Lavrentiy Beria, who boasted “Show me the man and I’ll show you the crime.”

And there’s more.

“The Austin Police Association was made aware of possible allegations of misconduct by Travis County District Attorney Jose Garza and members of his office,” a July 8 press release by the association and posted as an update on Sgt. Perry’s fundraising page announces. “The conduct and allegations included in both cases are extremely concerning and should be properly investigated immediately.

“The alleged conduct is beyond disturbing and further complicates two very serious cases; one involving a child victim of an aggravated sexual assault and the other a homicide,” the update continues. “Unfortunately, the Austin Police Association anticipates there are more cases or instances of inappropriate conduct by members of the Travis County District Attorney’s Office since Jose Garza took office in January 2021.”

Is it starting to sound like the wrong person is on trial here?

Not knowing anything about Garza, I figured I’d check him out and see what makes him tick, and it didn’t take long. We’re basically talking about a soft-on-criminals/open borders leftist, which explains why George Soros backed him.

And naturally, Garza’s a gun-grabber, implementing a policy of forcing accused citizens who have not been convicted of any crime to surrender their firearms for a variety of “reasons,” including the most telling one from the end of his long list:

“Any case, even if not within the above scenarios, where an ADA believes that a firearm surrender is necessary for public safety.”

Just because he says so? It’s not hard to picture him in a gold hat saying:

“Scenarios? We ain’t got no scenarios. We don’t need no scenarios. I don’t have to show you any stinking scenarios!”

“I entered office with a clear mandate from the community: to transform Travis County’s criminal justice system so it keeps everyone safe,” Garza told Austin Monthly. “We’ve made real progress since then, and we have a long path ahead.”

Does anybody who believes in the right of self-defense, or in anything traditionally American, for that matter, feel safer under the heel of such “progress”?

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Also “begs the question of why” Gov. Abbott hasn’t pardoned Perry already.


Garza MUST be removed from his position.


As a traitor to the very laws and the nation created by those laws, which Garza swore a sacred oath to uphold and defend, yes, I agree that he should be removed from the living and breathing.

Dean Weingarten

Notice the timing. He waited until the Texas legislative session was over. He did not want Texas passing a motorist anti-riot self defense bill, such as was done in Florida.

uncle dudley

Maybe the Texas Rangers should investigate Jose Garza for abuse of office.


Would you feel confident that they are not bed fellows?


Considering I’ve personally known several, they’re just as corrupt as the rest and have been for years.


You are not alone in your opinion. I have the lowest trust in government I ever have and all I can think of is how to turn this around and get us back on the right track especially when it comes to voting and illegals. I learned and they earned their lowest trust when I went to work for state government. Talk about corrupt, nepotism and demorats up the butt. I never should have said I was a republican, that was the beginning of the end of my career. OreGONE> headed for hell on the fast track. Want to mess… Read more »


Watching the congressional hearings on Waco will give you a little insight into how the Texas Rangers roll.


Oh, and if either of you haven’t seen the documentary on Netflix called The Confessions Killer then that will get your blood boiling over corruption in the Rangers as well.


Stopping exculpatory evidence sounds like a politically desired result was reached! Shocking!


Rittenhouse all over again.


Rittenhouse not yet, even.


The fact that George Soros backed him tells us all we need to know !!


Gee I wonder how the Founding Fathers would have treated a low life psychopathic control freak DA like this? Hint, hint..from 100 yards.

Deplorable Bill

Ten yards is normal or a short rope, tall tree and a windy day. Either way, I vote to tar and feather them first.

Arm up and carry on


A hundred yards with muskets would at least be good sport!


Increasingly it appears Texans need to be more aggressively involved in their state and local governments in order to preserve their “Republic”. The influx of wealthy from demorat states combine with the preexisting presence of demorat prosecutors and LE commanders who do not respect individual rights or US Constitution does not bode well for Texas or the United States. … As the USA is the “hope of the World” so too “Texas represented hope” to those of us enslaved in demorat states. … (Please don’t tell me to vote with my feet. That’s a separate discussion.)


Suggestions for Texas:

Make ANY Brady violation a Felony.

Make misconduct in office a Felony.

Authorize the Attorney General’s office to prosecute.

Then DO IT.


What’s a Brady violation?

Wild Bill

@Russ, In Brady v. Maryland, the S. Ct. found that it is prosecutorial misconduct to hide exclulpatory evidence from the defense, in a criminal prosecution case.
Perry is entitled to a fair trial. We all are. Perry, now has a material for an appeal or an outright overturn of the conviction.


Thanks. And the prosecutor should go to prison for at least the term he sought to pin on Perry, but that never happens.

“Qualified immunity” in practice means above the law, and it needs to be rolled back.


Why downvote this? It’s a valid point of confusion. On a gun forum, more people will associate that term with a buyer lying on a background check than with a prosecutor not disclosing evidence.


One more story that bodes true that lawyers are an unnecessary evil. Even Jesus had nothing good to say about lawyers.


The Nile crocodile, responsible for many deaths, was never held in high regard. A campaign arose to eradicate the ancient beastie. The plan went awry, when all the dead things normal to the waterway, were no longer digested by the diminished numbers of crocodile. The water fouled and disease began to spread. I said all that, to say this. . . Our system of jurisprudence is metaphorically similar to a waterway, lawyers serve their purpose in keeping the river of justice flowing cleanly. I don’t trust crocodiles enough to be in their proximity, but occasionally one can strike a truce,… Read more »


For non-Texans, Travis County has Austin as its main city. Austin is probably the most liberal of all Texas cities. Yeah, I know that’s hard to believe; but it’s true. This guy is being rail-roaded by a prosecuter who hates guns and was bank-rolled by george soros (a rich imported gun hater). Soros has been bcking prosecuters across the States in an effort to advance his anti-gun and liberal/socialist agenda!

Deplorable Bill

Tyranny to the man and the public and treason to the oath of office he (they) swore before the LORD GOD ALMIGHTY. When the $h!T huts the fan I hope that everyone will remember these people, where they live, what they drive, their phone numbers and their email. It’s literally a miracle we are not there yet. I will bet they would think differently if it was them in a like situation. I would not be surprised if they have their own personal security detail. People like these are why nobody trusts the system anymore. I have a pretty good… Read more »


From what I recall Garrett the fellow with the AK was associated with the Hawaiian igloo dweller movement and from what I recall only had his firearm at low ready. Also from what I believe I recall -and I’m not referencing any thing here specifically – is that he tried to usher him away from this get him turned around and so far as that goes I believe the driver shot the wrong guy … intimidating though he was. Did the driver have a right to be fearful sure but I think he shot the wrong guy and that’s …… Read more »

Last edited 1 year ago by HighDragLowSpeed
Dr. Strangelove

You think?


Concur with the Doctor. You do too much thinking without presenting any first-hand, factual information. If you weren’t there your drivel is meaningless.


Was he directing Perry to a safe escape route, or demanding that he get the hell out of the protest area with his AK 47?


My thought would be the former since I think he had a baby on the way anyway I think there’s actually video or at least some photos stills of it. I see the general bad reaction it has gotten which kind of indicative of people not actually looking at the information beyond this article. I’m working off of memory here but I was following things fairly closely at the time and was even watching some live streams from when people were chasing down Rittenhouse. While I agree with the general consensus here that people should not be protesting blocking off… Read more »

Last edited 1 year ago by HighDragLowSpeed

He was an Uber driver in the wrong place at the wrong time.
The fact that he had to defend himself is disgusting.
If you are protesting and you block my car or touch my vehicle I should have the right to drop you on the spot.
We should’ve done this to every protester that raised brick, a firework or any type of throwing object.

East precinct would be whole and the rioting and looting would have ended that night.

Simple solution. Don’t commit crimes and Don’t resist arrest.