Final witness takes stand in Daniel Perry murder trial

On day seven in the murder trial of Daniel Perry, the defense called former Austin Police Homicide Detective David Fugitt to the stand. Fugitt was the final witness to testify.

Fugitt was the lead homicide detective in this case. He interviewed Perry the night of July 25, 2020, after he shot and killed Black Lives Matter Protester Garrett Foster.


When asked by the defense why he did not arrest Perry that night, Fugitt told the jury it was because there was a legitimate argument for self-defense, and he needed to investigate further.

He said there was no evidence on scene that showed Perry accelerated into the crowd of protesters or hit any protesters on July 25, 2020. He explains there were no skid marks or tire marks. Fugitt adds the thumping heard in witness video was a kick on the car from protester and previous witness Jeremy Lett.

Fugitt also told the jury he believed Foster was in a bladed tactical stance when outside Perry’s car door. He said that claim also matches up with the medical examiner’s autopsy report on Foster’s four gunshot wounds going downward and to the left.

Fugitt demonstrated a bladed stance for the jury.

"If he’s in a bladed stance like this, and he’s taking the rounds on, you can expect to find them on the left side. [It would be] much different than if he was standing at the door [forward] and these rounds went through and through front to back," he said.

At one point during the defense’s line of questioning, the state objected. 

The judge revealed the defense asked a question they were previously asked not to. In response, the judge asked the jury to disregard that part of the testimony. It was testimony in regard to potential charges against previous witness Niko Daisy who shot after Perry’s car the night of the incident.

"This line of questioning is irrelevant, has nothing to do with this crime," said Judge Clifford Brown to the jury.

The state had a chance to cross examine Fugitt. One question stuck out in a packed courtroom.

"You have been wrong on homicide cases before haven’t you?" asked state attorney Guillermo Gonzalez. Fugitt responded with, "I have. Yes."

After seven days of witness testimony, the state and defense have concluded their cases in the murder trial of Daniel Perry. Both sides will receive 90 minutes each to present closing arguments to the jury on Thursday, April 6.