Daniel Perry found not guilty in deadly conduct case; attorney speaks out

AUSTIN, Texas - Former Army Sgt. Daniel Perry has been found not guilty of misdemeanor deadly conduct, marking the conclusion of all criminal proceedings against him stemming from the 2020 shooting death of Black Lives Matter protester Garrett Foster.

The deadly conduct case centered on Perry’s driving behavior that night and whether his actions placed demonstrators in danger.

Daniel Perry trial

The backstory:

Back in 2020, Daniel Perry was working as a ride-share driver in 2020 when he turned his car onto a street crowded with demonstrators. He then shot and killed Garrett Foster, who was legally carrying an AK-47, and then drove off.

Perry’s attorney, Doug O’Connell, maintained that his client acted in self-defense. 

"He defended himself when an AK-47 was pointed at him by one of the protesters," O’Connell said. "He shot that protester five times, drove away, and immediately called 911 for help."

Perry was originally indicted for murder, aggravated assault, and misdemeanor deadly conduct. In 2023, he was convicted of murder, sentenced to 25 years in prison, and acquitted of aggravated assault. However, after spending one year in prison, Perry was pardoned by the Texas Governor's office citing Texas’ "Stand Your Ground" self-defense laws.

The Travis County Attorney’s Office then pursued the misdemeanor deadly conduct charge. 

"The county attorney that's responsible for prosecuting misdemeanors decided they wanted to try this misdemeanor deadly conduct charge," O'Connell said.

The Travis County Attorney's Office claimed Perry’s reckless behavior put demonstrators walking along Congress Avenue in imminent danger of serious bodily injury, alleging he was texting while driving, failed to come to a complete stop before turning right on a red light, turned into an intersection with pedestrians in the crosswalk, and drove into a crowd.

O’Connell countered those allegations, stating they presented an "expert witness who did a photogrammetry analysis on the videos and the photographs from that night that proved to the jury that Daniel wasn't traveling in a reckless manner in his car. He was actually going less than half the speed limit when he turned from 4th Street onto Congress Ave."

After just two hours of deliberation, the six-person jury found Perry not guilty. 

"This has been a long, long journey," O'Connell said following the verdict. "And now it's finally...it's finally over, and he can get on with getting on with the rest of his life."

In response to the verdict, the Travis County Attorney’s Office released a statement saying, "We are grateful for the hard work of our trial team and, while we are disappointed in the outcome, we appreciate the jury’s time and respect their decision."

O’Connell noted that Perry was previously kicked out of the Army and discharged because of the initial murder conviction, but paperwork has now been filed to upgrade his discharge status to an honorable discharge.

All criminal proceedings against Perry regarding the incident have now officially concluded.

Crime and Public SafetyDowntown