Soldier asks to continue serving after indictment in Austin protester shooting

Crime

AUSTIN (KXAN) — The defense for the man accused of shooting and killing an Austin protester last summer has filed three motions in the case one day after his indictments were announced.

Daniel Perry is charged with murder, aggravated assault with a deadly weapon and deadly conduct in the shooting death of Garrett Foster, which took place at a protest against police brutality on July 25, 2020.

Garrett Foster (Courtesy: GoFundMe account created to raise funds for his funeral expenses)

Perry was arrested and released on a $300,000 bond. He and his defense attorney, Clint Broden, filed one motion partially opposing two of five bond conditions the state had requested for Perry.

According to court documents, the defense claims two of the bond conditions would end Perry’s military career. Perry is an active duty member of the U.S. Army serving at Fort Wainwright in Alaska, according to his attorney. The attorney said Perry flew down to surrender himself in Travis County.

They propose the state change the bond conditions to where Perry couldn’t possess or buy any firearms outside the Army base, which would allow him to continue serving as a soldier on base if granted.

In a second motion, Perry and his defense filed a discovery request, asking for in-depth information on any witnesses the state plans to call to testify and any eyewitnesses of the shooting known to the state.

The last motion asks for the state to notify the defense at least 20 days before the trial of any expert witnesses the state plans to call to testify and provide information on them.

What happened during the shooting

Police say a car turned onto Congress Avenue from Fourth Street that night into a group of protesters. Foster, who was armed with an assault-style weapon, and other protesters surrounded the car.

Police say the driver fired from inside the car, hitting Foster multiple times. Foster did not fire his weapon. Another protester did shoot at the car but did not hit anyone.

Attorney Broden says Perry fired in self defense from inside the car, claiming Foster raised his gun at him.

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