Man accused of shooting and killing Austin protester indicted on felony murder, aggravated assault charges

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Garrett Foster and Daniel Perry (Perry photo from Austin Police Department)

AUSTIN (KXAN) — A man who previously said he shot and killed a protester out of self defense in downtown Austin in July 2020 has been indicted on felony charges of murder and aggravated assault with a deadly weapon and a misdemeanor charge of deadly conduct, according to a statement from his lawyer.

The lawyer says Daniel Perry posted a $300,000 bond and has been released from custody.

Perry “will vigorously fight all of these charges,” the lawyer says. Police identified the man killed in the July 25, 2020 shooting as Garrett Foster.

According to APD’s description of the incident, a car turned on Congress Avenue near 4th Street at 9:51 p.m. into where a group of protesters was marching against police violence. Protesters surrounded the car. Foster was armed with an assault-style weapon and was one of the protesters who surrounded the car.

Former Austin Police Chief Brian Manley said that’s when the driver fired five shots from inside the vehicle, hitting Foster multiple times. Foster never fired a shot. Another protester then shot at the car three times but did not hit anyone.

Manley says officers detained both shooters but later released both men, including the driver they say shot and killed Foster.

Perry’s indictment says one of his charges relates to Perry endangering a second person for driving his car into the crowd of protesters. The other two charges are in relation to Foster’s death.

The Travis County District Attorney’s Office is expected to hold a press conference at 5:30 p.m. Thursday.

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