The attorney, Clint Broden of Dallas, identified his client as Daniel Perry and said he was an active service sergeant in the army. Broden said he was releasing Perry’s name in an attempt to correct misinformation in the media.
On Saturday, Perry was working as a driver for a ride-ride company to make extra money and had just left a customer when he met the protest on Congress Avenue, the statement said.
Perry was unaware that the protest was taking place before turning onto Congress Avenue, the statement said.
People started knocking on the car and a man now identified as Garrett Foster approached, carrying an assault-style rifle, and motioned for Perry to roll down the window. Thinking that the man was associated with law enforcement, Perry did so, but then realized that the man was not a law enforcement officer, the statement said.
“It has now been confirmed by several witnesses that this individual with the assault rifle then started to lift the assault rifle towards Sergeant Perry,”
Someone else shot Perry’s vehicle and drove safely and called the police, the press release said.
Fort Hood confirmed in a statement that Perry is a sergeant assigned to the 1st cavalry division. The statement said the base was collaborating with the Austin police department in its ongoing investigations
No charges were filed in the shooting and Austin police did not identify the shooter. An Austin police department spokesman said police on Friday did not release the name of the person who shot Foster because the incident is still under investigation.
After the incident, Austin police chief Brian Manley said agents responded to a 911 call in which the caller said he had just shot someone who had approached the car window and aimed at him. rifle.
When officers arrived, resuscitation efforts began against 28-year-old Foster, but died shortly thereafter in a local hospital, Manley said.
The driver accused of shooting Foster was brought in by the police for questioning, and his gun and car were secured for evidence, police said, and another person who shot the gun at the car she was brought in for questioning. Both had a hidden gun license and were released pending further investigation.
Witnesses gave many reports, including that the disturbance started when the vehicle honked, Manley said. Witnesses told police that Foster approached the car with an AK-47 type rifle while others in the crowd started hitting the vehicle.
“This was intentional. It was aggressive and accelerated in a crowd of protesters,” said Sasinowski. “He could have waited for us to pass or he could have proceeded slowly. We would have allowed him to pass.”
Sasinowski said less than 10 seconds had passed between the driver stopping his vehicle and when the shots were fired. He said he didn’t see if Foster was pointing his gun on the car and he was about 20 feet away when he heard the first gunshots.
He said he looked over his shoulder and saw the driver’s arm fully extended out the window and holding a gun. The driver fired many more shots, Sasinowski said.
“I want to be very clear that the driver incited the violence, accelerated in the crowd and fired first,” he said.
Broden also told the station that Perry was driving for the Uber ride ride company. CNN has contacted the company for comment, but has not yet received a response. Uber has a corporate policy that prohibits drivers from carrying weapons.
Perry’s attorney’s press release states that Perry didn’t escape the scene but called the police as soon as he reached security.
“Sergeant Perry and his family deeply sympathize with the loss and pain experienced by Mr. Foster’s family,” said the press release. “Sergeant Perry is devastated by what happened.”
Broden urged people who may want to criticize Perry to “picture themselves trapped in a car while a masked stranger lifts an assault rifle in their direction and reflect on what they could have done if faced with the second decisive decision faced by Sergeant Perry. that evening “.
Jennifer Henderson and Madeline Holcombe of CNN contributed to this report.