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Army sergeant accused of killing protester in 2020 gets another trial reset date

Daniel Perry is accused of killing protester Garrett Foster in July 2020.

AUSTIN, Texas — A U.S. Army sergeant accused of murdering a demonstrator at a 2020 police brutality protest in Downtown Austin had a court date set for July 26. While he did not appear, the date has now been reset to Sept. 27 to determine a new trial date.

Almost exactly two years ago, on July 25, 2020, Daniel Perry was working as a rideshare driver when he took a turn onto a road where a group of people were protesting police brutality. That wrong turn led to tragedy.

According to Perry's lawyer, he dropped off a rideshare customer in Downtown Austin and was then surrounded by demonstrators. Some of them allegedly beat on Perry's car – including Garrett Foster.

Foster and his fiancé had attended previous demonstrations. At the one on July 25, Foster was holding a rifle.

Perry claims Foster raised a weapon, prompting Perry to shoot him. Perry called 911, but Foster did not survive.

Perry says he acted in self defense, but he did turn himself into authorities after the shooting. Since then, he has been out on bond.

Last July, after reviewing evidence, a grand jury decided to charge Perry with murder, deadly conduct and aggravated assault. 

Perry was set to face a judge last Friday, but the date was canceled. Tuesday's court session is related to the murder charge he is facing.

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