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'{{short description|2020 murder in Austin, Texas}} {{Infobox civilian attack | title = Murder of Garrett Foster | location = [[Austin, Texas|Austin]], [[Texas]], U.S. | date = {{start date and age|2020|07|25}} | type = [[Murder]] by [[Gun violence in the United States|shooting]] | victim = Garrett Foster, aged 28 | perpetrator = Daniel Perry | verdict = *[[Guilt (law)|Guilty]] of murder *[[Acquittal|Not guilty]] of aggravated assault | convictions = Murder | charges = *[[Murder in Texas law|Murder]] **[[Manslaughter (United States law)|Manslaughter]] ([[lesser included offense]]) *[[Aggravated assault]] with a [[deadly weapon]] }} On July 25, 2020, Garrett Foster, a 28-year-old man, was murdered in [[Austin, Texas]] by 30-year old Daniel Perry. Perry had driven into a crowd of protesters who were standing in the street blocking traffic<ref>[https://www.npr.org/2023/04/10/1168974403/texas-greg-abbott-pardon-daniel-perry What to know as Gov. Abbott pushes to pardon a man who was just convicted of murder], NPR, April 10, 2023, [https://web.archive.org/web/20230410182339/https://www.npr.org/2023/04/10/1168974403/texas-greg-abbott-pardon-daniel-perry Archive]</ref> during a [[Black Lives Matter]] protest following the May 2020 police [[murder of George Floyd]] in [[Minneapolis|Minneapolis, Minnesota]]. Foster, who had been legally [[Open carry in the United States|open carrying]] an [[AK-47]], had walked up to Perry, who shot and killed him. Perry claimed that he had acted in [[self-defense]], but in April 2023, a jury found Perry [[Guilt (law)|guilty]] of [[Murder in Texas law|murder]]. He was [[Acquittal|acquitted]] of an [[Aggravated Assault|aggravated assault]] charge. He is currently awaiting sentencing, and faces between 5 years to [[Life imprisonment in the United States|life in prison]]. Perry had made numerous posts and direct messages on social media where he had expressed his desire to shoot protesters, which, along with contradictory statements to eyewitness accounts, brought into question his claim of self-defense. == Murder == July 25, 2020, Daniel Perry, a then-30-year old [[United States Army]] sergeant, had been working his [[Uber]] shift when he encountered a protest against [[Police brutality in the United States|police brutality]] that was blocking the road. Perry originally stopped and honked his car horn at the protesters, but later ran a [[Traffic light|red light]] and drove his car into the crowd.<ref>{{cite web|title=Daniel Perry convicted of murder in fatal shooting at Black Lives Matter protest|url=https://cbsaustin.com/amp/news/local/daniel-perry-convicted-of-murder-in-fatal-shooting-at-black-lives-matter-protest-garrett-foster-austin-texas}}</ref> Garrett Foster, a 28-year old [[United States Air Force]] veteran who was legally open carrying an AK-47, walked up to Perry in an attempt to tell him to stop driving into the crowd.<ref>{{cite news |last1=Davis |first1=Zuri |title=The Libertarian Party Mourns Garrett Foster, Activist Killed at a Black Lives Matter Protest |url=https://reason.com/2020/07/27/the-libertarian-party-mourns-garrett-foster-activist-killed-at-a-black-lives-matter-protest/ |access-date=9 April 2023 |work=[[Reason (magazine)|Reason]] |date=27 July 2020}}</ref> After he walked up to Perry's vehicle, Perry shot and killed Foster. Perry claimed self-defense and claimed that Foster had pointed his weapon at him, but eyewitnesses contradicted this account.<ref>{{Cite web |last=Melhado |first=William |date=2023-04-08 |title=U.S. Army sergeant found guilty of murder in 2020 shooting of Austin protester Garrett Foster |url=https://www.texastribune.org/2023/04/07/daniel-perry-austin-protest-garrett-foster/ |access-date=2023-04-08 |website=The Texas Tribune |language=en}}</ref><ref>{{Cite web |date=April 7, 2023 |title=Travis County jury finds Daniel Perry guilty of murder |url=https://www.kvue.com/article/news/crime/daniel-perry-trial-verdict/269-b554d558-6f17-4607-86af-dbcc9d246a83 |access-date=2023-04-08 |website=kvue.com |language=en-US}}</ref> When Perry was interviewed by police about what happened before the shooting and how Foster held his gun, Perry said: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me, you know."<ref name=cbsaustin>{{cite news |last1=Taylor |first1=Jessica |title=Trial continues for Daniel Perry, over Black Lives Matter protest deadly shooting in 2020 |url=https://cbsaustin.com/news/local/trial-continues-for-daniel-perry-over-black-lives-matter-protest-deadly-shooting-in-2020 |access-date=April 9, 2023 |work=[[KEYE-TV]] |date=April 4, 2023}}</ref><ref name="Fox7">{{cite news |last1=Ruiz |first1=Amanda |title=Daniel Perry's police interview after Garrett Foster's death revealed to jury |url=https://www.fox7austin.com/news/daniel-perrys-garrett-foster-murder-trial-police-interview |access-date=April 10, 2023 |work=[[Fox 7 Austin]] |date=April 3, 2023}}</ref> == Legal proceedings == In July 2021, nearly a year after the killing, a [[Travis County, Texas|Travis County]] [[grand jury]] indicted Perry on charges of murder and aggravated assault. Perry turned himself in and was shortly released from jail on a $300,000 bond.<ref>{{Cite web |last=Oxner |first=Reese |date=2021-07-01 |title=Army sergeant indicted on murder and aggravated assault charges after fatally shooting Austin protester Garrett Foster in 2020 |url=https://www.texastribune.org/2021/07/01/garrett-foster-indicted-murder-daniel-perry-austin-protester/ |access-date=2023-04-08 |website=The Texas Tribune |language=en}}</ref> === Trial === Perry's trial for the murder of Foster took place at the end of March 2023 to the beginning of April 2023, nearly three years after the incident. The prosecution argued that since Foster had been exercising his right to open carry, there was no justification for Perry shooting him. The prosecution revealed that Perry had made multiple posts and direct messages on social media expressing his desire to shoot Black Lives Matter protesters, writing in messages, "I might have to kill a few people on my way to work, they are rioting outside my apartment complex," and "I might go to Dallas to shoot looters." A friend of Perry's responded to him warning him of instigating protesters, stating, "We went through the same training ... Shooting after creating an event where you have to shoot, is not a good shoot." Perry had expressed his support for violence against protesters on at least three social media posts, suggesting in one post to "shoot center of mass" because "it is a bigger target", and in another stated, "Send [protesters] to Texas we will show them why we say you don’t mess with Texas."<ref>{{cite web|title=Man who killed Austin BLM protester allegedly tweeted about shooting protesters|url=https://www.dailydot.com/debug/blm-protester-daniel-perry-tweets/?amp}}</ref><ref name=":0">{{Cite web |last=Marks |first=Andrea |date=2023-04-07 |title=U.S. Army Sgt. Guilty in Murder of BLM Protester |url=https://www.rollingstone.com/culture/culture-news/daniel-perry-guilty-verdict-murder-blm-protester-garrett-foster-1234710647/ |access-date=2023-04-08 |website=Rolling Stone |language=en-US}}</ref><ref>{{Cite web |last=Bingamon |first=Brant |last2=Fri. |last3=April 7 |last4=2023 |title="Might Have to Kill a Few People" |url=https://www.austinchronicle.com/news/2023-04-07/might-have-to-kill-a-few-people/ |access-date=2023-04-08 |website=www.austinchronicle.com |language=en-US}}</ref> Perry had also stated that someone could shoot protesters and get away with it by claiming self-defense. Perry's defense claimed that Texas's [[stand-your-ground law]] protected him legally and that he had feared for his life, after the defense alleged that Foster had pointed his weapon at Perry. The prosecution contended that there was not evidence that Foster had pointed his weapon, and other eyewitnesses contradicted this account by the defense. The prosecution also focused on the fact that Foster's weapon was recovered with its safety on and no cartridge in the chamber, so it would not have made sense for him to point his weapon.<ref name=":0" /> Jurors were shown footage of Perry's police interrogation, where he said regarding Foster and how Foster held his weapon: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me".<ref name=cbsaustin/><ref name=Fox7/> On April 7, 2023, after a week of deliberations, the jury found Perry guilty of murder, but not guilty of aggravated assault, with friends and family of Perry breaking down in tears as the guilty verdict was read. Foster's father stated, "We're happy with the verdict. We're very sorry for [Perry's] family as well. There's no winners in this. Just glad it's over." Perry is currently awaiting sentencing, and faces between 5 years to life in prison.<ref>{{Cite web |last=Donlevy |first=Katherine |date=2023-04-08 |title=Daniel Perry convicted of killing BLM protester Garrett Foster |url=https://nypost.com/2023/04/07/army-sgt-daniel-perry-convicted-of-killing-blm-protester-garrett-foster/ |access-date=2023-04-08 |language=en-US}}</ref><ref>{{Cite web |last=Russ |first=Julianna |last2=Washington |first2=Jala |last3=Stark |first3=Sam |date=2023-04-07 |title=Daniel Perry found guilty of murder in protester’s death |url=https://www.kxan.com/news/local/austin/daniel-perry-found-guilty-of-murder-in-protesters-death/ |access-date=2023-04-08 |website=KXAN Austin |language=en-US}}</ref> === Calls for pardon === Following Perry's conviction, [[Conservatism in the United States|conservative]] commentators and politicians began to urge Texas Governor [[Greg Abbott]] to [[pardon]] Perry, supporting Perry's self-defense claim. These calls for a pardon of Perry included Texas U.S. Representative [[Ronny Jackson]].<ref>{{Cite web |last=Lewis |first=Kaitlin |date=2023-04-08 |title=Texas governor faces Republican pressure over Daniel Perry's conviction |url=https://www.newsweek.com/texas-governor-faces-republican-pressure-over-daniel-perrys-conviction-1793256 |access-date=2023-04-08 |website=Newsweek |language=en}}</ref> Abbott has since directed the [[Texas Board of Pardons and Paroles]] to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."<ref>{{cite web |last1=Melhado |first1=William |title=Gov. Greg Abbott backs call for pardon for Daniel Perry, who killed Austin protester in 2020 |url=https://www.texastribune.org/2023/04/08/greg-abbott-pardon-daniel-perry/ |website=The Texas Tribune |access-date=10 April 2023 |language=en |date=8 April 2023}}</ref>{{efn|Under the [[Texas Constitution]], the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.<ref>{{cite web |title=Greg Abbott says he will pardon Army sergeant who killed protester in 2020 |url=https://www.independent.co.uk/news/world/americas/greg-abbott-pardon-daniel-perry-murder-texas-b2316852.html |website=The Independent |access-date=10 April 2023 |language=en |date=9 April 2023}}</ref>}} == Notes == {{notelist}} == References == {{reflist}} {{DEFAULTSORT:Foster, Garrett}} [[Category:2020 controversies in the United States]] [[Category:2023 controversies in the United States]] [[Category:Controversies in Texas]] [[Category:2020 in Texas]] [[Category:2020–2021 United States racial unrest]] [[Category:Austin, Texas]] [[Category:Deaths by firearm in Texas]] [[Category:Deaths by person in Texas]] [[Category:Incidents of violence against men]] [[Category:July 2020 events in the United States]] [[Category:Travis County, Texas]] [[Category:2020 murders in the United States]] [[Category:Murder in Texas]] [[Category:July 2020 crimes in the United States]]'