WACO, Texas – Fort Hood Army Sergeant Daniel Perry has been indicted by a Texas Grand Jury for the murder in the 2020 shooting of Austin protestor Garrett Foster.

Broden & Mickelsen Attorney Clint Broden says his client Perry was acting out of self-defense the night he shot Foster.

“When you have an AK-47 being raised to your face, you really don’t have many other options,” Broden said. “At that point Sgt. Perry’s training kicked in, and that’s why Garrett Foster was the only person hit that night -with a bullet.”

The Grand Jury indicted Perry on murder, deadly conduct, and aggravated assault charges. Broden says in almost 30 years of practice, he has never been denied the opportunity for a written presentation in court.

“Only thing that makes sense to me is they wanted to get to a particular result,” Broden said. “They didn’t want the Grand Jury to have a full picture of what actually happened that night.”

Perry is currently on active duty with the U.S. Army, and was stationed at Fort Hood when the incident happened. Broden says Perry is overwhelmed right now, but is coping the best way he can.

FOX44 asked Broden if this will affect Perry’s career, and he says possibly.

“It certainly has that potential, which is disappointing. He served this country the past nine years,” Broden said. “Again, he defended himself that night, and now he finds himself faced with that. So hopefully it will not, but we don’t know yet.”

Broden says he’s disappointed with how the justice system is executing this case. Now they have to prepare for a trial in Travis County.

With different point of views from people in the community on who raised their gun first, Broden says you have to look at the bias of the witness.

“I assume that Garrett Foster had several friends there that night,” Broden said. “There was nobody that was there that night that would have any incentive to slant their testimony in favor of Daniel Perry.”

Broden says Perry’s family is coping with the court’s decision.

Despite the charges, Broden says he is ready for trial because he has all the evidence to prove Perry was acting in self-defense.

“We’re prepared to go to trial and have every reason to think we will prevail, but as a stakeholder in the system, I am disappointed,” Broden said.