Murder trial begins for Daniel Perry, who shot Garrett Foster in self-defense

| March 29, 2023

Daniel Perry was an Army sergeant stationed at Fort Hood at the time of this incident. From his perspective, BLM protestors surrounded his vehicle and even pounded his hood. Garrett Foster, one of the people near Perry’s vehicle, pointed his AK-47 at Perry. Naturally, Perry’s desire for self-defense, and ingrained reflexive fire abilities, pulled his firearm out and neutralized Foster. Police questioned him, then let him go that night. However, a grand jury indicted him for murder and aggravated assault.

From the Post Millennial:

According to police, the night of July 25, 2020, Perry was driving for Uber in downtown Austin to make extra money and came across a large group of protesters illegally blocking city streets as was common in Austin and elsewhere during the weeks of rioting.

Perry’s defense team alleges that the protesters encircled his car and began pounding on his vehicle. Among the protestors was 28-year-old Garrett Foster, who was armed with an AK-47.

According to Perry, Foster raised the firearm at him, prompting him to open fire with a handgun he legally carried for self-defense. Attorney for Perry Doug O’Connell told Fox News, “When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two tenths of a second to defend himself. He chose to live.”

O’Connell added, “It may be legal in Texas to carry an assault rifle in down town Austin. It doesn’t make it a good idea. If you point a firearm at someone, you’re responsible for everything that happens next.”

Perry drove away from the scene to a safe location and called 911 to report what happened. He was interviewed by officers that night and released, but a grand jury returned an indictment for murder and aggravated assault with a deadly weapon a year later.

The well-respected lead investigator who is nicknamed the “godfather of the homicide unit,” Detective David Fugitt, claimed in an August 2021 sworn affidavit that prosecutors under Travis County District Attorney Jose Garza, who has been funded by George Soros, forced him to remove exculpatory evidence from his grand jury presentation.

The Post Millennial has additional information here.

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Category: "Teh Stoopid", BLM, Second Amendment, Veterans in the news

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Old tanker

I hope for a quick verdict of not guilty and I also hope he presses charges for evidence tampering and malicious prosecution by the DA. After that he should sue the DA and the city. It is my hope he makes enough to never have to work again.

Veritas Omnia Vincit

This would be the most desirable outcome…not guilty at a minimum…compensation and removal of the DA as part of the settlement would be a seriously positive outcome.


Seconded. This NCO has been flagged (assuming regulations were followed) and unable to attend schools, get promoted, or receive awards and decorations the second he became subject to a law enforcement investigation. He’ll remain so until the hopeful “Not Guilty” verdict. If his enlistment contract expires prior to the flag being lifted he’ll simply be escorted to the gate and given a “thanks and good luck” from the Army. In other words, the DA’s malicious and politically driven prosecution can have lasting effects on SGT Perry’s career.

He was threatened, outnumbered, and considered himself about to be engaged by a man with a lot more gun than he had, so he took the necessary course of action to survive the encounter. The Army is merely following regulation and procedure, but the city of Austin should have to pay him back every penny of potential lost wages, plus damages. Let’s base it on him making a 30-year career and retiring as an E9.

USMC Steve

When the turd aimed in on him, he had every right to deploy deadly force in just about every state in Free America.


Concur absolutely, toss in an “EXPERT” qual badge with pistol bar.


…. attending OCS and retiring as MAJ or LTC.


I was going to go down the path of potential commissioning or going Warrant, but tend to get long-winded so I kept it simple. If Gov. Abbott pardons him like he’s promised I wonder how negative the impact will be to SGT Perry’s career. I mean, he’s already very likely “done” so far as the Army’s concerned. Due to the investigation, charges, and now conviction, he’s definitely been set back, and the Army (thanks to some leaders) can do even more damage to him personally.


I might have shared this before, but I had a Soldier who was outstanding in both garrison and the field. He was a PV2, though, and had been for over two years due to a pending criminal case. As a new Soldier, he’d been accused of a crime, after which the accuser moved out of state and stopped cooperating with the system. Continuation after continuation, all while the PV2’s buddies deployed and some even made SGT. I inherited him when I moved back to the line from S3 and his family had moved back to California, so his routine was work, gym, home. Due to his experience he never did anything else, making him a worry-free asset to the unit.

Long story short, his case was finally dismissed. My PSG got him promoted to PFC and scheduled Air Assault School for him, and the company commander and 1SG were fully on his side. One day something came down from Brigade: now-PFC was to be chaptered for the alleged crime. Company leadership went to bat for him, but within a couple of days fully supported the chapter. I think they were told in no uncertain terms that they needed to back down. After a month or so of wondering why Division was taking so long to process the paperwork it came down: now-PFC was facing a court-martial. I went back to Brigade S3 soon after but spent lots of time counseling and listening to the Soldier. His court-martial was scheduled after his ETS date which was, incidentally, just before Christmas. He was denied leave so missed spending the holidays with his kids.

I PCS’ed to Benning just before his court martial, but read that a PFC facing two charges was acquitted at Stewart on the day he was scheduled. Hopefully it was him. His entire career was destroyed by a bogus civilian criminal charge before some ticket-puncher(s) decided to try to destroy his life using UCMJ.


Prime example of a political activist using a grand jury as a weapon. Garza is Soros’ bitch boy. Plain and simple.

Last edited 1 year ago by Animal

Alvin Bragg, too.


Democrats trying to persuade people to be helpless… “for the greater good,” you know.
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Last edited 1 year ago by Anonymous

So why has the state of Texas not gotten involved with this shit and pony show ???


Austin is the Blue State sh*thole part of Texas.


It’s Austin. That ain’t Texas.


I know that but it’s he AG for the state just sacked the DA for El Paso county
For pulling stupid shit like this didn’t he


Grand Juries no bill all the time on self-defense shootings. It’s likely in this case the GJ was politically motivated to take him down. The DA can hardly be held to account for that.

Old tanker

Oh yes he can because it is the DA who presents the information and “evidence” to the Grand Jury. It is childishly easy to provide cherry picked material and omit any exculpatory information.


(Laughs in Alvin Bragg….)


It is on video, Fat Boy pointed the rifle at him and he shot Fat Boy first. It is on video that Fat Boy liked to intimidate people. He finally met a man who refused to be intimidated.




There’s always somebody bigger and badder, Fat Boy finally met him.


Play stupid games, win stupid prizes.


Fat Boy Fornicated About and discovered. Only in Austin would the Sgt be persecuted.


That’s the problem with grand jury. I seriously doubt any of the members were allowed to see the video. They only see what the district attorney wants them to see.


The old phrase is that a prosecutor can get a a grand jury to indict a ham sandwich. It is strictly a one-sided show, with the prosecutor presenting his side, and only his side, of the case. No defense attorney allowed.

Hack Stone

Yep, the video is out there with a newscaster interviewing Garrett Foster, who was running his suck about he would not take on the police, because they can shoot back, but he planned in using his rifle to intimidate civilians. The only way that you can intimidate someone is by use of force, or the threat of using force. He approached (Staff?) Sergeant Perry with his rifle pointing at him. That sad part about all of this tragedy is that after the Coroner scraped his remains off of the streets of Austin and the angry mob of mostly peaceful BLM rioters departed, Foster’s wheelchair bound girlfriend was left in the intersection. As far as we know, she’s still there.


Hear the Darwin Award winner in his own words:


Good example of why children (of all ages) should not have access to weapons without close adult supervision.


This is unreal:
Detective David Fugitt, claimed in an August 2021 sworn affidavit that prosecutors under Travis County District Attorney Jose Garza, who has been funded by George Soros, forced him to remove exculpatory evidence from his grand jury presentation.”


It’s not illegal when Democrats do it, of course.


… but “What difference does that make?”


Wipe, like with a cloth…

Dave Hardin



A clear violation of defendants 4th and 10th amendment rights…a Brady Motion should fix that, you know, the Motion that one of Pedo Joe’s nominees for US District Court could not recite during his nomination testimony…


Sorry, 5th and 14th amendments…


No problem. You are still more qualified to be a federal judge than that Bozo.


Well, he did say that he thought it had something to do with gun laws.


Why Democrats like ignorance.


A righteous kill and justified kill, I am proud of him.


Don’t go to Austin TX if at all possible. If one has to go, go fully armed with extra mags, head on a swivel, and knee-high boots to wade through the filth of the (D)emon-rats’ homeless encampments.
And remember, Austin TX defunded their police – so don’t expect them to appear any time soon, and be leery of those who may arrive.


I remember that day. I was still driving a lot for Uber at the time, but I started going home at dark simply because the weirdos, morons and left wing bun-boi’s came out of the woodwork.
I’ve donated money to him several times and have tried to follow the trial.
I sincerely doubt that he will not be cleared of these bull shit charges. Even the cops are on his side. Believe me, they are.
And of course the riot following his acquittal will be yet another day not to work.
I do feel bad for him and do what I can to support him.
He’s a good guy and truly does not deserve any of this any more than Kyle Rittenhouse did.
I just hope that he will sue the Hell out of all the media that trashed him for days on end after this mess.
I don’t live in Austin anymore, simply because of the stench of the place.
He should never have to work again after living through this horse shit, and it should be on the dime of all the media he sues.
He and Kyle Rittenhouse should form their own media company, seriously, I would love to see that !!!

Here’s a link to his Give Send Go. He did have about $10,000 in the campaign leading up to the trial.
His Mom is on there, what a mess. And none of his/her fault…
God Bless All of them.


Perhaps he can plead PTSD—Pre Traumatic Stress Disorder. That may go over better than self defense.


Sounds to me like a judge with any guts at all would issue a directed verdict of Not Guilty.