Jurors hear witness testimony in Daniel Perry murder trial

Court was back in session for day three of witness testimony in the murder trial of Daniel Perry. Jurors heard from participants and Austin Police Department officers at the protests on July 25, 2020.

Perry is accused of shooting and killing Black Lives Matter Protester Garrett Foster.

"I saw [the driver] reach over to his right side and lift, what I saw to be, a silhouette of a handgun and as he moved that handgun to point it towards the group of people who approached the driver’s side door, the window was rolling down on it driver’s side, and then I saw and heard three shots fired," said Brandon Keeton, protester.

A different witness, Lyric Costly, described the driver of the car as angry.

The defense is claiming Perry shot Foster in self-defense. The prosecution is claiming it was intentional.

Costly mentioned Foster was holding his rifle in a "low ready" position. Photos of how Costly previously demonstrated that position were presented to the jury.

Haven Trahan was a protester there that night who was called to testify. He demonstrated with a mock gun how he remembers Foster holding his rifle. He said it was slung down across Foster’s chest when approaching the car.

Niko Daisy says he was participating in the protest and heard the gun fire. In a split second, he says he made the decision to shoot the car three times as it drove off as a way for cops to later identify it. He also adds he was one of the first to render aid to Foster.


The jury also heard from three Austin police officers who were assigned to follow the protest on July 25, 2020. The officers agree they all heard the gunfire and responded within seconds.

One officer retrieved Foster’s rifle after the shooting. It was present in court as evidence.

Trial picks up Friday, March 31 at 9 a.m.