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AUSTIN (KXAN) — Holding back tears before she began to speak, Whitney Mitchell prepared to testify in the murder trial of a man accused of killing her soon-to-be-husband three years ago.

Daniel Perry entered a not-guilty plea in court last week. He faces a murder charge.

She and Foster met as teens in high school in 2009. After a year together, Mitchell said she got sick. That sickness led to her losing both of her arms and legs.

Follow reporter Sam Stark’s live updates from Day 3 of court below:

Though the two had only been together a short time, Mitchell said Foster stuck by her side. He went from her boyfriend to caregiver.

“He helped me get dressed in the morning, brush my teeth, wash my hair … everything you would do in your everyday life, he did that for me,” Mitchell said. She and the prosecution both referred to him as her husband in court Tuesday because of how long they had been together.

The two moved to Austin in 2019. Eventually, their friend Jeremy Lett moved in with them as their roommate.

Mitchell and Garrett Foster went to Black Lives Matter protests nearly every day in the summer of 2020, she shared.

Mitchell said Foster would usually push her throughout the marches. However, shortly after Lett got arrested at one of the protests, she said Foster began carrying a rifle, so Lett would help by pushing Mitchell through the crowds sometimes.

Perry’s defense said Lett was arrested for interfering with another arrest. Lett said he didn’t consider what he was doing as interference. He went on to describe unmarked police vehicles that would follow protesters as, ‘kidnap vans.’

“[Police would] grab a protester or two, throw them in the van and drive away,” Lett said.

Lett said charges were dropped, after that arrest.

On July 25, 2020, Mitchell’s life changed forever.

Mitchell remembers the details from that day vividly because it’s when her fiancé was shot and killed, as he was armed with his military-style rifle.

“I just remember marching that way … we got to the Congress area, and I remember seeing the car come very quickly toward us,” Mitchell said emotionally fighting back tears. “And it just jerked.”

Mitchell said the car sped toward them. She testified that’s when her fiancé’ jumped in front of her, as she was near the driver’s side of the vehicle.

“I remember Garrett saying, ‘Move on.’ Then all I remember is hearing gunshots, and Garrett just falling over in front of me … and I jumped out of the [wheelchair]. I just remember laying on the ground.”

Perry has maintained he acted in self-defense.

His attorneys released a statement during jury selection earlier this week, saying, “We just ask people to put themselves in the position of being trapped in a car, being swarmed by a crowd of protesters assaulting the car from all sides, while a masked man runs up to the car brandishing an assault rifle, 130 rounds of ammunition, an asp and a knife. Then, picture the rifle starting to raise from an already low-ready position. If people can put themselves in that position, we are confident as to what the verdict will be in this case.”

A major focus for the Travis County District Attorney’s Office on Wednesday, provided context around Mitchell and Foster’s relationship.

On the other side, Perry’s defense focused on how foster carried the rifle that night.

Four new witnesses testified between 11 in the morning until 6 in the evening on Wednesday, including Mitchell and Lett.

Lett said he was also by Foster’s side when he was shot, and that Foster became protective after the car came at them.

“He said, ‘Hey, stay in the car, get back in the car,’ and sort of gestured at his gun like, you don’t really want to start anything right now,” Lett said.

The defense’s argument from the beginning is that Perry—swarmed by protesters—had to defend himself. Several witnesses did admit they kicked, hit and even banged on Perry’s car. But all said this was after he sped into the crowd.


Lett, too, admits he kicked Perry’s car.

“I was rather upset about someone driving a car through people that I cared about,” Lett said.

However, Lett did lie about kicking the car in his initial statement to the DA’s office. Perry’s defense said Lett would not meet with police to talk about the incident.

“Fear, I was worried,” Lett said.

Perry’s defense also questioned Lett on whether he was violent with a flag poll in previous protests, poking the flag through car windows. Lett said he would only do that if proved by cars intimating he and other protesters.

While Perry’s defense zero’s in on how foster held the gun, and whether it was threatening, the trauma of what happened, is still evident and felt throughout the court room.