What did Army Sgt. Daniel Perry do? Garrett Foster shooting video goes viral as Internet appeals for pardon

On April 7, 2023, Army Sgt. Daniel Perry was found guilty of murder, nearly three years after he shot and killed Austin protester Garrett Foster. Daniel Perry, an Army veteran who worked as an Uber driver after a tour in Afghanistan, was accused of driving his car into a swarm of Black Lives Matter protestors on July 25, 2020. Protesters gathered to protest police brutality in downtown Austin following the murder of George Floyd earlier that year.

According to prosecutors, Perry, a white man who ran a red light before barrelling into a crowd of people, allegedly shot and killed Foster, also a white man, after the latter approached the army veteran’s Uber vehicle that was seen striking protestors on foot.

During the trial, prosecutors revealed that Foster was toting an AK-47 during the protest but maintained that he did not pose a threat to Perry, who fired five shots at the victim, who did not return fire. Shortly after, Perry reportedly fled the scene but later surrendered himself to the police.

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Social media erupts with calls for appeal after Daniel Perry was found guilty of murder

On April 7, after 17 hours of deliberations, the jury found Daniel Perry guilty of murder and acquitted him of aggravated assault with a deadly weapon, despite the defense arguing that their client was acting in self-defense when he fatally shot 28-year-old Garrett Foster, who allegedly approached the suspect's vehicle carrying a gun.

The Defense argued that Foster posed an active threat when he approached Perry’s vehicle toting a weapon, but the prosecutors shot down the defense, stating that the suspect incited the crowd after driving directly into them, and the crowd responded to the initial assault by confronting the driver inside the vehicle. In a closing statement, prosecutors said:

"Garrett Foster had every right to go up to him and see what the heck was going on. And he had every right to do it with a deadly weapon, his rifle, because [Perry] was in a deadly weapon, his car."

Shortly after the verdict was announced, video footage of the 2020 Austin protest started making the rounds on social media, prompting several people to comment that Daniel Perry should be pardoned. People alleged that the video proved the suspect’s innocence as he was merely defending himself from a mob. Twitter users commented, saying:

While some called for the guilty verdict to be overturned based on the video, others pointed out that the footage was incomprehensible and did not prove anything as the clip, uploaded from two different angles, was distorted and merely showed crowds dispersing in different directions after shots were fired.

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During the trial, Daniel Perry’s attorney invoked the self-defense argument stating that their client was acting following the Texas “Stand Your Ground.” If they believe their lives are actively being threatened, individuals are legally permitted to protect themselves by any means required.

Prosecutors, however, argued that Perry willfully shot Foster and presented evidence that showed the suspect had discussed his views on the Black Lives Matter protest with a friend when he sympathized with an assailant who drove into a crowd and killed a protester in Seattle.

Perry reportedly agreed with the actions of the assailant and said the Seattle suspect should plead in self-defense. Witnesses from the Austin protest also testified, stating that Perry shot Foster, who was seen pushing his black, quadruple-amputee fiancée’s wheelchair, without any provocation.