AUSTIN (KXAN) – The man who said he shot Garrett Foster, an Austin protester, announced his identity in an email from his lawyer to KXAN late Thursday evening. In the email, this shooter was identified as Daniel Perry.
Austin police have not yet confirmed Perry or anyone else as a suspect of the shootout.
Perry's lawyer says the shootout was for self-defense.
Austin police have identified a man who was killed in a downtown Saturday protest
The 28-year-old Foster died on July 25 after being shot in a protest in downtown Austin. A car pulled into Congress Avenue near 4th Street at 9:51 p.m. where a group of demonstrators marched against police violence. Protesters surrounded the car. Foster was armed with an attack weapon and one of the protesters who surrounded the car.
Austin Police Chief Brian Manley says the driver fired five shots from inside the vehicle and hit Foster several times. Foster never fired a shot. Another protester then shot the car three times but did not hit anyone.
According to Manley, officials arrested both shooters, but later released both men, including the driver, who they say shot the Foster.
Daniel Perry is the man who, through his lawyer, claims to be this driver.
Who's Daniel Perry?
Attorney Clint Broden of Broden & Mickelsen, a Dallas-based criminal defense firm, released Perry's personal report on the shootout late Thursday evening.
KXAN contacted Broden after receiving the email and the lawyer confirmed that he was representing Perry. The law firm's website says they represented pro-bono non-violent demonstrators in Dallas.
According to Broden, Daniel Perry is an active US Army sergeant from northern Texas and has toured Afghanistan.
KXAN turned to the US Army to confirm Perry's position and is waiting for an answer.
The shooter takes up the deadly encounter
The statement says that Perry drove to a carpool agency when he dropped a customer near Congress Avenue. He was looking for another request for food pickup or delivery when he turned Fourth Street to the right onto Congress Avenue.
Then he met the group of demonstrators.
"Before arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry didn't know a demonstration was going to take place," the statement said.
"When Sgt. Perry turned onto Congress Avenue, several people started hitting his
Vehicle. A person carrying an assault rifle, now known as Garrett Foster, quickly approached the car and gestured Mr. Perry with the assault rifle to lower his window, ”said the lawyer, Perry believed the gunman was a police officer.
The lawyer says Foster then started raising his gun and Perry fired and fired. Perry drove a short distance to safety while another protester shot him. Then he called the police.
The lawyer's statement states that Perry has "deep sympathy" with the Foster family, but concluded with a plea to the public:
"We just ask everyone who wants to criticize Sgt. Perry's actions,
Imagine a masked stranger caught in a car and raising an assault rifle towards you. Think about what they could have done if they were before Sgt. Perry's decision that evening. "
Details of the shootout confirmed by the Austin police
Many of the details in the attorney's declaration match the statements made by the Austin police that the driver who shot Garrett Foster told them.
"During the initial investigation into this incident, Mr. Foster may have pointed his gun at the driver of this vehicle before he was shot," Chief Manley said in an update on the shootout on Sunday.
A photo of Garrett Foster and his fiancé from the GoFundMe page was released to pay his funeral expenses.
The boss explained that the driver's account is: "Mr. Foster pointed the gun straight at him. «
After the shootout, Chief Manley confirmed that someone had called 911 and said someone was approaching the window on the driver's side of his vehicle and pointing a gun at them.
The division says that both Perry and the second gunner have hidden pistol licenses. At this point, no one has been charged with this incident.
Watch the Austin Chief of Police Brian Manley's Sunday briefing below:
Perry and his lawyers want the Austin police to conduct a full investigation.
"(Perry) was waiting for the police to arrive and was fully cooperative with the police after the shooting and continues to do so," the statement said.
Austin police are asking other witnesses to report
Austin police are still asking protesters who witnessed the shootout for information.
Investigators say they are also looking for more videos and photos from that night to find out what happened. Detectives are still contacting companies in the area with visible surveillance cameras.
Anyone with information about the shootings can call Capital Area Crime Stoppers at (512) 472-8477 or email [email protected]
Uber and Lyft laws on carrying weapons
Although the statement does not specify which rideshare service Perry worked for, drivers should have no weapons, according to online guidelines from Uber and Lyft.
The Lyft website states that there is a strict "no weapons" policy that includes times when drivers work and represent the company.
"This means that even in places where it is legal to carry a gun, we ask that you do not carry a gun on any Lyft property," the website says.
The Uber website states that drivers or their guests are not allowed to carry firearms while using the app.
"Uber prohibits drivers and their guests, as well as drivers and delivery partners, from carrying firearms of any kind while using the app, insofar as this is permitted under applicable law."
KXAN has reached Uber and Lyft and is waiting for an answer.