An Enormous Protest Brings No Good People With Bad Intentions

The Protest Of 2020

The protest that took place on July 25, 2020, in Austin, Texas, was part of a larger wave of demonstrations that swept across the United States and the world, following the murder of George Floyd by a Minneapolis police officer on May 25, 2020.

George Floyd’s death, captured in a harrowing video showing the officer kneeling on his neck for nearly nine minutes, ignited a profound public outcry against systemic racism, police brutality, and the unjust treatment of Black individuals by law enforcement agencies. The Black Lives Matter (BLM) movement, which actively advocates for racial justice and equality, organized the Austin protest along with many others.

The BLM Movement

The BLM movement, originating in 2013, gained unprecedented momentum in the wake of George Floyd’s murder, leading to one of the largest movements in U.S. history. Consequently, the protests aimed to bring attention to the pervasive racial disparities in the criminal justice system, to demand accountability for police misconduct, and to advocate for substantial reforms in policing practices. A broad coalition of participants, including people of all ages, races, and backgrounds, characterized the demonstrations as they took to the streets to voice their frustration and demand change.

On that particular day in Austin, protesters gathered to express their solidarity with the national outcry and to highlight local instances of racial injustice and police violence. Moreover, the peaceful assembly was part of a series of ongoing protests in the city, reflecting the community’s engagement with the broader movement for racial equality and justice.

The events that unfolded, leading to the tragic confrontation between Daniel Perry and Garrett Foster, underscored the tensions and the highly charged atmosphere of the time. Subsequently, the incident became a focal point for discussions on the right to protest, the use of firearms at demonstrations, and the responsibilities of individuals and law enforcement in maintaining peace and safety during such events.

Who Is Daniel Perry?

Meanwhile, Daniel Perry, a 30-year-old United States Army sergeant at the time, became embroiled in a fatal incident during a Black Lives Matter protest. On the day of the incident, Perry, working his shift for Uber, encountered a protest blocking the road. Initially, according to reports, he stopped and honked his horn at the protesters but later drove his car into the crowd, running a red light.

Consequently, this action led to a confrontation with Garrett Foster, a 28-year-old United States Air Force veteran, who was legally carrying an AK-47 rifle. He approached Perry’s vehicle, reportedly attempting to stop him from driving into the crowd.

Subsequently, the situation escalated when Perry shot and killed Foster. Perry claimed he acted in self-defense, alleging that Foster had pointed his weapon at him. However, eyewitnesses contradicted this account.The closely watched legal proceedings delved into Perry’s actions, his claims of self-defense, and his prior social media activity, including statements expressing a desire to shoot protesters and identifying himself as ‘a racist.’

Who Was Garrett Foster

Garrett Foster, a 28-year-old United States Air Force veteran, became a focal point of national attention during the 2020 Black Lives Matter protests. He was actively participating in a BLM protest in Austin, Texas, on July 25, 2020, when a tragic incident led to his death.

Foster was deeply engaged in the protests sparked by George Floyd’s murder, advocating against systemic racism and police brutality. On the night he was killed, he was legally carrying an AK-47 rifle, sparking significant discussion. Texas’s open-carry laws allowed this, reflecting the complex dynamics of gun rights and protest culture.

Foster’s military background added depth to his involvement, highlighting diverse participants in the BLM movement. His engagement was both political and personal, reflecting his values and commitment to justice. His death, amid peaceful protest, ignited debate on protester safety, firearm use, and the movement’s broader implications for racial justice.

Daniel Perry Social Highlights His Animosity

Discussing the social media posts made by Daniel Perry in the context of the events leading up to the tragic incident in Austin, Texas. In the days leading up to the incident, Perry made several posts and direct messages on social media platforms that shed light on his state of mind and his views regarding the protests.

Perry’s social media activity, particularly the posts sent out the day before the shooting, revealed a troubling perspective towards the protesters. He expressed a desire to shoot protesters and made statements that one might interpret as inciting violence.

A Pattern Of Behavior Emerges

Furthermore, these posts were not isolated comments but part of a pattern where he actively made derogatory and racist remarks, including self-identifying as “a racist” and referring to black protesters in highly offensive terms. Such posts contribute to understanding the mindset of individuals involved in violent confrontations at protests and the potential for social media to serve as a platform for escalating tensions.

The revelations about Perry’s social media activity became a focal point in the legal proceedings and public discourse surrounding the case, underscoring the complex relationship between online behavior, political and social beliefs, and actions taken in highly charged environments like protests.

The Prosecution Approach

Central to the prosecution’s case were Perry’s social media posts and direct messages, which revealed a disturbing pattern of behavior and thought. These communications were crucial in demonstrating Perry’s mindset leading up to the incident. The posts included expressions of disdain towards the protesters, with Perry explicitly stating his desire to shoot them. The prosecution presented this online behavior to the jury as indicative of Perry’s premeditated hostility towards the protesters, thereby challenging his claim of acting in self-defense.


Eyewitness accounts played a significant role in the trial, offering firsthand perspectives on the sequence of events that led to Foster’s death. Contrary to Perry’s assertion that Foster had pointed his rifle at him, several witnesses testified that Foster did not make any aggressive moves that would have justified Perry’s use of deadly force. This testimony was pivotal in undermining the self-defense argument and painting a picture of an unnecessary and unprovoked escalation by Perry.

Additionally, the prosecution focused on the tactical aspects of the incident, such as the positioning of Foster’s rifle, which they found with the safety on and no round in the chamber, suggesting that Foster was not an immediate threat. This detail was critical in countering the notion that Perry had no choice but to fire his weapon.

Video Evidence

Finally, the prosecution leveraged video evidence and Perry’s own statements during police interrogation to construct a timeline of events and highlight inconsistencies in Perry’s account. By meticulously dissecting Perry’s actions and statements, the prosecution aimed to demonstrate that Perry had not only initiated the confrontation but had also acted with lethal intent, devoid of the immediate threat necessary to justify a self-defense claim.

Through this combination of digital evidence, eyewitness testimony, and forensic analysis, the prosecution sought to present a compelling narrative to the jury, ultimately leading to Perry’s conviction for murder. The case serves as a poignant example of how diverse strands of evidence can be woven together to articulate a persuasive argument in a court of law.

Daniel Perry Founded Guilty

In April 2023, a jury found Perry guilty of murder but acquitted him of an aggravated assault charge. The trial revealed Perry’s antagonistic views towards the Black Lives Matter movement and his previous expressions of intent to harm protesters.

On May 10, 2023, the court sentenced Perry to 25 years in prison, with eligibility for parole after 12.5 years. Following his conviction, there were calls from some conservative commentators and politicians for Texas Governor Greg Abbott to pardon Perry, citing his self-defense claim. Consequently, this aspect of the case has sparked further debate and discussion about the right to self-defense, the stand-your-ground laws in Texas, and the broader implications for protest movements and gun rights in the United States.

The Pardons

“After Perry’s conviction, some conservative commentators and politicians called on Texas Governor Greg Abbott to consider pardoning Perry, citing his claim of self-defense during the incident.

In Texas, the governor can grant pardons, usually on the recommendation of the Texas Board of Pardons and Paroles. A pardon for Perry would be a significant reversal with profound political and social implications.

Advocates for Perry’s pardon argue that his actions aligned with self-defense, especially under Texas’s stand-your-ground laws. These laws permit individuals to use force without retreating if they believe it’s necessary to prevent imminent harm.

However, the potential pardon for Perry is controversial. Critics point to the circumstances of the shooting, including Perry’s actions before the incident and his social media hostility toward protesters, as undermining the self-defense claim. They fear a pardon could set a dangerous precedent on lethal force during protests, potentially chilling demonstrations and escalating tensions.

The discussion on possibly pardoning Perry mirrors broader debates in the U.S. on gun rights, self-defense laws, and the right to protest. It raises critical questions on legal and moral responsibilities, especially in volatile situations like protests, where escalation risks are high.

The decision to pardon Perry will resonate far beyond his case, touching on justice, government oversight of legal judgments, and democratic values.”

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Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you.

Our team is here to explain your trial, guiding you through the criminal justice process with clarity and support every step of the way. If you’re navigating the complexities of criminal charges and the court system seems daunting, reach out.

Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.

Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.  

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