- Sgt Daniel Perry, 33, was booked into jail on a charge of murder for the July 2020 killing of BLM protester Garrett Foster
- Perry shot Foster, 28, multiple times after the protester approached his ride-share car in Austin holding an AK-47
- Protesters said Foster drove into a crowd of demonstrators, and Foster sought to protect his wheelchair-bound quadruple amputee fiancée
- Perry claimed self-defense, with his lawyer now saying he was faced with a 'split-second decision' after being confronted by masked gunman
Sgt. Daniel Perry, 33, who was stationed at Fort Hood, was booked into the Travis County jail on Thursday and later released on $300,000 bail, said Kristen Dark, a spokeswoman for the Travis County Sheriff's Office.
Perry's attorney, Clint Broden, has said the soldier was working for a ride-sharing company and acted in self-defense after protester Garrett Foster, 28, pointed an assault rifle at him.
Broden issued a statement Thursday expressing disappointment in the indictment and confidence that Perry would be acquitted.
'Sgt. Perry will vigorously fight all of these charges,' Broden stated. 'It is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction.'
Broden's statement continued: 'Sgt. Perry again simply asks that anybody who might want to engage in a hindsight review of this incident picture themselves trapped in a car as a masked stranger raises an AK-47 in their direction and reflect upon what they might have done if faced with the split-second decision he faced.'
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Perry, 33, is a career solider who was stationed at Fort Hood and served a tour of duty in Afghanistan
Travis County District Attorney Jose Garza said in a press conference Thursday that the grand jury returned indictments against Perry for the charges of murder and aggravated assault with a deadly weapon and a deadly conduct misdemeanor charge in the July 25, 2020, death of Foster.
He said the grand jury reviewed evidence from investigations by the District Attorney's office and a three-week investigation by Austin officers, who reviewed over 150 exhibits and interviewed 22 witnesses.
Garza said Perry declined to testify before the grand jury, but that Perry's attorney did provide a packet with information, which was shared with the grand jury with the exception of details not admissible in a trial.
Garza said his office planned to request that Perry surrender his firearms, in addition to other conditions, for his release.
Texas soldier who shot dead armed BLM protester indicted for murder
Army Sgt Daniel Perry, 33, has been indicted on a murder charge for the July 2020 killing of Garrett Foster (right), who was shot after confronting the soldier with an assault rifle during a protest in Austin.
www.dailymail.co.uk
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