Army Sergeant Indicted On Murder Charge In Austin Activist Death

AUSTIN, TX — A Travis County grand jury has indicted an active-duty former Fort Hood Army sergeant on charges of murder, deadly conduct and aggravated assault in the July 2020 shooting death of 28-year-old Garrett Foster, according to the district attorney's office.

Sgt. Daniel Perry turned himself into the Travis County Jail at 2:21 p.m. Thursday and was released about 15 minutes later on $300,000 bail, District Attorney José Garza said Thursday in a news conference.

Garza said Perry's bond would be $250,000 on the murder and aggravated assault charge and $50,000 on the misdemeanor charge of deadly conduct.

Perry's attorney told the Austin American-Statesman in a statement that Perry was defending himself when he shot Foster and "expressed disappointment" that his client was charged.

Garza said the evidence presented by the Homicide and Major Crimes Unit included over 150 exhibits and testimony from 22 witnesses over 3 weeks.

Prior to the grand jury proceedings, in addition to the investigation that law enforcement conducted, the District Attorney’s office also reviewed evidence and interviewed witnesses in order to present "the most accurate set of facts possible" to the grand jury on these charges.

MORE BACKGROUND: Travis County Grand Jury To Decide Charges On Garrett Foster Case

Perry’s charges will be prosecuted by the Office’s Homicide and Major Crimes Unit and is pending in the 147th Judicial District Court, the district attorney's office said.

“Our hearts go out to all of those impacted by this immeasurable loss, in particular Mr. Foster’s family and friends,” said Garza. “We take our responsibility to present in front of the grand jury very seriously and in this case our office presented an extensive collection of evidence to the grand jury for their consideration.”

Foster's death brought national attention and deepened debates over issues, such as protester safety, self defense and the right to openly carry guns.

The 28-year-old was an Air Force veteran who is remembered by family and friends as a man who exercised his Second Amendment rights, stamping out racial injustice and caring for his fiancée.

According to a Patch July 2020 article, Foster was carrying an AK-47-style rifle as he protested against police brutality. The assault-style rifle is legal under Texas' open carry laws.

A driver, who was later identified as Perry, pulled onto Congress Avenue and 4th Street where a throng of protesters had gathered, honking the horn loudly on approach. Video shared on social media showed protesters descending on the car.

Police previously said Foster pointed his rifle at the driver, prompting the motorist to fire his handgun. A person in the crowd then retrieved his own concealed handgun, firing at the driver as he fled the scene, Patch reported at the time.

It remains unclear if Foster indeed pointed his rifle at Perry; however, an attorney for Perry has said that police have interviewed several people who corroborated his client's account that Foster pointed the gun at him.