A US Army sergeant fatally shot an Austin protester and says it was an act of self-defense, his lawyer says

• Daniel Perry, an active US Army sergeant fatally shot an Austin protester and says it was an act of self-defense, according to a press release from his attorney obtained by NBC affiliate KXAN.
• Perry's lawyer said his client fired the gun to "protect his own life," after the protester raised a weapon.
• But witnesses have disputed that claim and said Perry was accelerating his vehicle aggressively and inciting the violence.
• Perry has not been charged with any crimes.

An active US Army sergeant identified as Daniel Perry fatally shot an Austin protester and said it was an act of self-defense, his lawyer confirmed in a press release obtained by NBC affiliate KXAN.

Last Saturday, 28-year-old Garrett Foster, an Air Force veteran, was killed at a Black Lives Matter protest after a motorist turned down a street where protesters were marching. A witness of the shooting told CNN that the driver "intentionally aggressively accelerated" the vehicle into the crowd of people before shooting Foster, who was armed with an AK-47-style rifle, according to The New York Times.

Austin police chief Brian Manley stated Sunday that Foster "may have pointed his weapon at the driver of this vehicle prior to being shot," The Times reported.

On Thursday night, Perry's lawyer Clint Broden released a statement to KXAN confirming that Perry fired shots at Foster.

Perry has not been charged with any crimes.

Broden said Perry fired on Foster, who "raised an assault rifle toward him," from his vehicle. He said Perry "reasonably perceived a threat to his life" and "fired on the person to protect his own life." The statement also said police interviewed witnesses who marched with Foster who confirmed Foster raised a rifle on Perry.

Meanwhile, Perry's now-deleted tweets have resurfaced in the wake of Foster's death. In June, Perry responded to one of President Donald Trump's tweets, saying "any protesters, anarchists, agitators, looters, or lowlifes who are going to Oklahoma" will face a "much different scene." Perry had responded by saying, "Send them to Texas we will show them why we don't mess with Texas."

Broden told The Texas Tribune that Perry's tweets were being taken out of context, and that Perry did not go to Austin with "an agenda."

The Austin Police Department told Insider that the Austin PD Homicide Unit is continuing to investigate the case and asked anyone with relevant information or were in the immediate proximity of vehicle and witnessed the incident to contact the department.

Austin PD also told Insider they have not released information regarding the suspects to "minimize external influence that could obstruct witness and suspect testimony and impede future legal proceedings," but definitively said "no one involved in this case has any connection to law enforcement agencies, including APD."

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