An Army sergeant who shot and killed a gun-toting protester after a wave of Black Lives Matter protesters hemmed in his car was convicted of murder on Friday.
Daniel Perry was found guilty of murder in the July 2020 death of Garrett Foster, according to the Austin American-Statesman.
He was cleared of a charge of an aggravated assault with a deadly weapon in connection with allegations he deliberately drove into the crowd of protesters.
“We are disappointed in the verdict both as it relates to Daniel Perry and as it relates to a citizen’s ability to defend themselves. We are hopeful that the case will ultimately be overturned,” defense attorney Clint Brode said, according to NBC.
Daniel Perry was working as an Uber driver in Austin, TX when he found himself in the middle of a BLM mob.
A guy came up to his car and pointed an AK-47 at him and he fired back in self defense.
He was indicted for murder by a Soros-funded DA and was just found guilty. pic.twitter.com/bx5kLXzqva
— Greg Price (@greg_price11) April 7, 2023
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Two different versions of the incident emerged at the trial, according to the American-Statesman. In the defense version, Perry was swarmed by protesters. In the prosecution version, Perry drove into the crowd deliberately in a rage — a charge from which he was cleared.
After Perry stopped, he encountered Foster, who was carrying an AK-47 at the time. The defense argued that Foster pointed the rifle at Perry, prompting Perry to fire in self-defense. The prosecution argued that the rifle was never pointed at Perry.
Defense attorney Doug O’Connell said protesters “attacked the car and boxed it in, and Daniel had no choice, and that could have happened to anyone.”
O’Connell argued that Foster wore a neoprene vest and had a club and knife in addition to his gun. He was wearing a mask at the time of the incident, according to KXAN-TV.
Army Sgt Daniel Perry was found guilty of murder on Friday after being indicted by Soros-funded Travis County District Attorney Jose Garza for fatally shooting AK-47-toting Black Lives Matter “protester” Garrett Foster during the Floyd riots of 2020. https://t.co/dC5A2LKtKH
— Chris Menahan 🇺🇸 (@infolibnews) April 8, 2023
“Garrett Foster is dressed for war,” O’Connell said. “Daniel Perry is dressed for the beach.”
Prosecutor Guillermo Gonzalez said that after Perry’s car became intermingled with protesters “Garrett Foster had every right to go up to him and see what the heck was going on and he had every right to do it with a deadly weapon.”
@GovAbbott this is a unfair conviction please step in and free Daniel Perry https://t.co/BIBVnKy7rv
— Kyle Rittenhouse (@ThisIsKyleR) April 8, 2023
In a post on his Substack page, commentator Mike Cernovich decried the verdict.
“Self-defense is now a crime in Austin, Texas, and if you don’t watch it, you and your family won’t be safe in your town, either,” he wrote.
Cernovich wrote that the case was an instance of a liberal prosecutor overriding a police investigation.
“Multiple police officers spoke to Foster, warning him that he was menacing innocent civilians. Detectives concluded Daniel Perry acted in self-defense. That should have been the end of the case,” he wrote.
“Until a prosecutor supported by George Soros finally found a case worth prosecuting,” he wrote, referring to reports that Travis County District Attorney Jose Garza was among the prosecutors supported in his campaign for office by liberal billionaire George Soros.
Fox News, quoting data from the Capital Research Center, said Garza “is one of dozens of district attorneys around the country to have been substantially backed by leftwing billionaire George Soros, via direct contributions and supporting ads from activist groups such as the Texas Justice and Public Safety PAC.”