Daniel Perry trial day 3: Witnesses to deadly shooting at Austin protest testify
AUSTIN (KXAN) – Day three of the trial for the man accused of shooting and killing Garrett Foster in July 2022 began Thursday morning with testimony from people who were at the protest where it happened.
Daniel Perry, an Army sergeant and part-time Uber driver, was indicted in the case in 2021 on felony charges of murder and aggravated assault with a deadly weapon and a misdemeanor charge of deadly conduct. Perry entered a not-guilty plea Tuesday.
During opening statements, state attorneys said Foster was out protesting police violence every day in the summer of 2020. Foster was shot and later died while out protesting the night of July 25, 2020.
The defense's argument from the beginning is that Perry — swarmed by protesters — had to defend himself. Several witnesses admitted they kicked, hit and even banged on Perry's car.
Perry's 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."
Three witnesses, who were there the night Foster died, were called to testify before noon Thursday.
Follow reporter Sam Stark's live updates from Day 3 of court below:
The witnesses — two protesters acquainted with Foster and a legal observer — approached the stand to describe the events leading up to Foster’s death.
On Wednesday, Foster's fiancee took the stand and told the court her experience that night.
Whitney Mitchell said the car sped toward a group of people that night. 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,” Mitchell said.