Driver involved in fatal shooting at Austin protest identified

The man who admitted to fatally shooting an armed Black Lives Matter protester in downtown Austin this past weekend has been identified by his attorney as Army Sergeant Daniel Perry. 

A spokesperson at Fort Hood also confirmed that 33-year-old Perry is an active-duty soldier on the post. Fort Hood officials are cooperating with the Austin Police Department's investigation, according to the spokesperson.

Perry shot and killed 28-year-old Garrett Foster on Saturday, July 25.

According to his attorney, Perry was driving for a ride-share company and had dropped off a client in downtown Austin shortly before the shooting. Perry was heading to a 'hot spot' to wait for notification on another pick-up or food delivery when he turned right onto Congress Avenue and encountered a large group of protesters. 

Perry allegedly did not know there was a protest going on in downtown Austin.

Uber and Lyft application logos. (Ali Balikci/Anadolu Agency/Getty Images)

According to Perry, protesters began beating on his car when Garrett Foster approached his vehicle. Foster motioned with his AK 47 to lower his window. When he did so, Foster allegedly began to raise the AK 47 weapon towards him. 

Perry's attorney says Perry carries a handgun for protection. 

Perry grabbed the handgun and fired, hitting Foster. 

Someone in the crowd than began shooting at Perry, who drove away to safety and called police. 


Perry is cooperating with investigators and is devastated by what happened, according to his attorney. His attorney also stresses that Perry believed his life was in danger and responded accordingly. 


APD says officers spoke with multiple witnesses at the scene that described several different versions of the shooting. Witnesses say a vehicle started honking its horn as it turned south onto Congress from 4th Street. The vehicle stopped as there was a large number of people in the road.

Foster, who had been holding an AK-47 type assault rifle, approached the driver's side window as others began striking the vehicle.

APD says gunshots than were fired from inside the vehicle at him.

Following that, another person who heard the gunfire and saw the vehicle driving away drew their concealed handgun and fired multiple shots at the vehicle as it drove away. 

Detectives are reviewing available video, photos and witness statements to determine the precise actions of those involved.


Detectives are asking anyone with video/photos of the incident to call APD Homicide at 512-974-TIPS (8477), to email, to call the anonymous Crime Stoppers tip line at 512-472-TIPS (8477) or use the Crime Stoppers App or APD’s mobile app.