Texas Soldier Who Shot, Killed Austin Protester Indicted on Murder Charge: Authorities

Daniel Perry, who was stationed at Fort Hood, was indicted Thursday

NBC 5 News

An Army soldier who shot and killed an armed protester after driving into a crowd demonstrating against police violence in the Texas capital last summer has been indicted on murder charge, authorities said Thursday.

Sgt. Daniel Perry, who was stationed at Fort Hood, was booked and released on $300,000 bail, said Kristen Dark, a spokeswoman for the Travis County Sheriff's Office. She said Perry was booked on one count of murder and one count of deadly conduct in the July 25 death of Garrett Foster, 28.

Perry's attorney, Clint Broden, has said the soldier was working for a ride-sharing company and acted in self-defense after Foster pointed a gun at him. Broden issued a statement Thursday expressing disappointment in the indictment and confidence that Perry would be acquitted.

"It is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction," the statement said.

The Travis County district attorney's office — which previously had announced plans to present the case to a grand jury to consider charges — did not immediately comment and scheduled a news conference for later Thursday.

Foster was killed during a night of protests and unrest in several U.S. cities. In the immediate aftermath, then-Police Chief Brian Manley said officers heard "two separate volleys of gunfire" and made their way to the crowd, where they found Foster with multiple gunshot wounds.

Perry's attorneys have previously told The Associated Press that their client had just dropped off a rider when he turned onto a street filled with protesters who began beating on his vehicle. They said that Foster approached the car and motioned with his gun for Perry to lower his window. Perry initially thought Foster worked in law enforcement and put his window down, they said. But when Foster raised his weapon toward Perry, the soldier realized Foster was not a police officer and shot him in self-defense with a handgun in his car, the attorneys said.

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