AUSTIN, Texas — The fate of U.S. Army Sgt. Daniel Perry is now in the hands of the jury.
Perry was working as a rideshare driver in downtown Austin when he claims shot protester Garrett Foster in self-defense after driving through a crowd of protesters.
The prosecution and defense gave closing arguments on Thursday.
Judge Clifford Brown kicked off the day by calling this a "very difficult case," that was highly charged and highly emotional. Perry is charged with two counts of murder and aggravated deadly assault. Perry pleaded "not guilty."
The prosecution began with prosecutor Elizabeth Lawson showing a "roadmap" to analyze whether or not the shooting could be considered self-defense. Lawson claimed that Perry had to know protesters were in Downtown Austin that evening in 2020.
Lawson posed the question, "What was Perry's intent when he drove toward the crowd?"
She showed clues from his social media accounts featuring memes like "running over protesters" and also being "afraid of being attacked by people of this certain movement who compare his people to termites." Another post mentioned he might go to Dallas to shoot protesters.
The prosecution argued that he could have kept driving and did not have to stop his car and engage with the protesters.
"This is not a good shoot. Daniel Perry was not legally justified in using deadly force against Garrett Foster when he did, even in Texas, this isn't a good shot and we're going to ask you to consider that as you deliberate," Lawson said.
Prosecutor Guillermo Gonzalez closed the argument by claiming the trial is occurring because Perry chose to "blow a red light" and approach protesters.
"This case is about an age-old story since we all began walking on two feet. It's about a man who can't keep his anger under control," Gonzalez said.
Defense attorney Clint Broden then began the defense's closing arguments. He mentioned that there is no way to know the true angle of Foster's rifle no matter how much the photos are studied.
In regard to Perry's social media posts, Broden argued they were posted at least a month before the shooting happened. Broden asked the jury to put themselves in Perry's position with protesters surrounding the car.
"He knows, two-tenths of a second, to make sure he could get home to his family that night, if we're honest about ourselves, we would not just sit there and pray," Broden claimed.
Defense attorney Doug O'Connell claimed while Perry had social media posts warning protesters to not go near him or his car, O'Connell claimed that that was "all the government has.," and that it does not prove that Perry is guilty beyond a reasonable doubt.
"If you do decide to carry an assault rifle in our community walking down the street, and you point that at somebody, you are responsible for everything that happens after that. Daniel Perry had no choice," O'Connell said.
As closing arguments have concluded, the jury will now deliberate. The jury will finish proceedings Thursday night at 8 p.m. If no verdict is reached, they will return on Friday and resume deliberation.