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Attorney of Driver in Austin Shooting Releases Details Confirming Self Defense

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Article first appeared on Ammoland.com

U.S.A.-(AmmoLand.com)- There are new developments in the shooting case where a driver shot a protestor who was armed with an AK47 type rifle, as his car was being swarmed by the crowd of protestors. The following is a press release from the attorneys of Daniel Perry, who has identified himself as the driver who shot Garrett Foster on the evening of 25 July. This account tells what happened from the viewpoint of Daniel Perry. From the press release:

F. Clinton Broden and Broden &Mickelsen issue the following statement on behalf of our client, Daniel Perry.

Daniel Perry is an active duty sergeant with the United States Army. He is a former Eagle Scout from the North Texas area and served our country proudly for the past eight years. Sgt. Perry served a tour in Afghanistan and has been the recipient of numerous army awards and commendations.

On the evening of July25, 2020, Sgt. Perry was in Austin, Texas driving for a ride share company in order to earn extra money. He had dropped his client off in the vicinity of Congress Avenue. He was then going to proceed to a “hot spot” in order to wait on notification to pick up another client or to pick up food for delivery. Sgt. Perry made a right onto Congress Avenue from Fourth Street and encountered a throng of people in the street. Prior to arriving at the corner of Fourth Street and Congress Avenue, Sgt. Perry did not know that a demonstration was taking place.

When Sgt. Perry turned on the Congress Avenue, several people started beating on his vehicle. An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window. Sgt. Perry initially believed the person was associated with law enforcement and complied with the command. After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement. It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life.

Immediately after Sgt. Perry fired on the individual who raised the assault rifle toward him, a member of the crowd began firing on Sgt. Perry’s vehicle. Sgt. Perry drove to safety and immediately called the police. He waited for the police to arrive and fully cooperated with the police following the shooting and he continues to do so.

We urge the public to allow the police to conduct a full investigation. We also need to correct statements that have been reported by the press. First, Sgt. Perry never left his vehicle preceding or immediately following the shooting. Second, Sgt. Perry did not “flee” but immediately called police upon getting to safety. Finally and most importantly, police have interviewed witnesses who were demonstrating with Mr. Foster and these witnesses have confirmed that Mr. Foster raised his assault rifle in a direct threat to Sgt. Perry’s life.

Sgt. Perry and his family deeply sympathize with the loss and grief being experienced by Mr.Foster’s family. Sgt. Perry is devastated by what happened. Nevertheless, that does not change facts. The simple fact is that Sgt. Perry reasonably perceived a threat to his life when, as has now been confirmed by independent witnesses, Mr. Foster raised his assault rifle toward Sgt. Perry who was sitting in his car. We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening.

Image of Daniel Perry from press release, cropped and scaled by Dean Weingarten

This is very close to the speculation put forward from the available facts, published in AmmoLand on July 29. From that article:

Consider the position of the driver. He is driving on public streets, and is blocked by a mob of numerous persons who angrily beat on his vehicle. He is where he has a right to be; they appear to be breaking the law. He says a person with an AK47 pointed the rifle at him. Several people in his position have been shot, shot at, or dragged from the vehicle and beaten.

When governments allow people to block the public right-of-way, without normal precautions, tragic situations are all too likely to occur. Whether it is a driver striking protestors who run in front of him on a dark freeway where they have significantly reduced access, or protestors who stop vehicles and beat innocent occupants, or when protestors shoot at vehicle occupants to enforce their will; when protestors shoot drivers, these events are made possible by governments who are complicit with the protestors in blocking normal access, for political purposes.

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Blocking streets without notice, is not a peaceful assembly. It is a form of political intimidation.

The Left continually attempts to portray these incidents as “drivers attacking protestors”. Examined closely, that is almost never the case. It is the drivers who are the innocent victims, caught up in a no-win situation by a hostile mob who feel entitled to disrupt other people’s lives.

The ability to travel freely, in relative safety, is a hallmark of civilization. The ability to block public right of ways without legal consequence, is evidence of a breakdown of the civil order, of anarchy and mob rule.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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