re: Earlier interview of BLM protester who was killed in Austin last night carrying his AK47

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The man who says he shot and killed Austin protester Garrett Foster revealed his identity late Thursday night in an email from his attorney to KXAN. The email identified that shooter as Daniel Perry.

Austin police have not yet confirmed Perry or anyone else as a suspect in the shooting.

Perry’s attorney says the shooting was in self defense.

Austin Police Chief Brian Manley says that’s when the driver fired five shots from inside the vehicle, hitting Foster multiple times. Foster never fired a shot. Another protester then shot at the car three times, but did not hit anyone.

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The statement says Perry was driving for a rideshare company when he dropped a client off near Congress Avenue. He was looking for another request for pickup or food delivery when he turned right onto Congress Avenue from Fourth Street.

That’s when he encountered the group of protesters.

“Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place,” the statement says.

“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,” which the attorney says Perry did, thinking the gunman was a police officer.

The attorney says Foster then began to raise his weapon, and Perry shot and fired. Perry drove a short distance away to safety while another protester shot at him. He then called police.

The attorney’s statement says Perry “deeply sympathizes” with the Foster family but then concluded with a plea to the public:

“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.”

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Many of the details in the attorney statement align with what Austin police say the driver who shot Garrett Foster told them.

“During the initial investigation of this incident, it appears Mr. Foster may have pointed his rifle at the driver of this vehicle prior to being shot,” Chief Manley said in an update about the shooting on Sunday.

The chief elaborated that the driver’s account is that “Mr. Foster pointed the weapon directly at him.”

After the shooting, Chief Manley confirmed that a person did call 911, saying someone approached the driver-side window of their vehicle and pointed a rifle at them.

The department says both Perry and the second shooter have concealed handgun licenses. At this point, no one has been charged in connection to this incident.

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