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Trial begins for Army sergeant accused of killing Austin protestor in July 2020

Daniel Perry is accused of killing protestor Garrett Foster in July 2020. Perry says he was acting in self defense.

AUSTIN, Texas — The trial has begun for a U.S. Army sergeant accused of murdering a demonstrator at a 2020 social justice protest in Downtown Austin.

On July 25, 2020, Daniel Perry was working as a rideshare driver when he took a turn onto a street where a group of people were protesting police brutality. That wrong turn led to a clash between Perry and a protestor named Garrett Foster.

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 Foster.

Foster and his fiancée 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 and turned himself into authorities after the shooting. Since then, he has been out on bond.

In July 2021, after reviewing evidence, a grand jury indicted Perry with murder, deadly conduct and aggravated assault.

Jury selection began for Perry's trial on Monday. Testimony began Tuesday morning.

KVUE's Isabella Basco will be present in the courtroom throughout the proceedings and will tweet live updates. This story will be updated with the latest updates throughout the day Tuesday.

Day 1 live updates:

4:50 p.m.  A fifth witness, Michael Rose, is brought in to be questioned.

4:19 p.m. – A fourth witness, Travis Bonnet, is called to the stand. Bonnet is an Uber driver who was at the protests in July 2020.

2:38 p.m. – The third witness, an engineer who was at the July 25 protest to take photos, is called to testify. 

The prosecution begins reviewing the more than 1,500 photos taken by the witness.

12:47 p.m. – Trial breaks for lunch until 2 p.m.

12:20 p.m. – Garrett says he heard six or seven gunshots and called 911. The prosecution plays the 911 call he made, followed by dash camera footage.

12:06 p.m. – Garcia is excused. The second witness, Robert Garrett, is called. Garrett has worked as a rideshare driver both Uber and Lyft for four years.

11:59 a.m. – Jurors are brought back into the courtroom.

The defense asks Garcia about the behavior of the protesters, and Garcia states that people were "emotional" and "passionate" about speeches. He also says that all "groups and ideologies" were carrying weapons, and he saw "hundreds" of people carrying assault weapons.

11:41 a.m. – Jurors are asked to leave the courtroom.

10:58 a.m. – The first witness, 25-year-old Hiram Garcia, is called. Garcia was at the July 25 protest acting as a citizen journalist and said he noticed there was a need for documentation. 

Jurors are shown video that Garcia filmed at the protest and Garcia recaps the portion of the march that went down Congress Avenue. When the defense asks Garcia if protesters were hostile, Garcia says they were in "emotional distress."

10:20 a.m. – The defense begins going over the Uber routes that Perry took the night of the protest while working as a rideshare driver. As he texted the woman he met, the defense said he made a turn and ended up seeing a group of protesters that he had tried avoiding all night. 

The defense says Perry saw the protesters change locations and assures the jurors that they will hear "scientific evidence" to prove Perry drove 12 mph.

The defense then says Perry stopped his car because a protester jumped in front of it. Protesters converged on the car and began pounding and screaming at the car, according to the defense. The defense says they will provide photos of the damage caused by the protesters.

The defense also says Foster had 120 rounds of ammunition with the AK-47 rifle he was carrying and that Foster had been "counseled" and told he shouldn't hold the weapon, but he claimed it was his "right."

The defense says Foster screamed at Perry to get out of the car. Seeing that Foster was holding the gun and knowing what it could do, the defense says Perry shot at Foster with his handgun.

Perry was "visibly shaken" and his demeanor was consistent with someone who had to defend themselves, according to the defense. Perry voluntarily met with the lead detective and was "cooperative," giving police permission to search his car.

The defense shows the jurors details of how the protesters surrounded Perry's car and says that a protester said they were "probably going to try to vandalize the car."

10:17 a.m.  The State says Perry drove a woman during a ride and she suggested they exchange numbers. A few hours later, Perry received a text from the woman, demanding $200 for the "date." Perry responds, refusing.

10 a.m. – Opening statements begin for the murder trial of Daniel Perry. 

The State claims Perry was “not truthful” to police when asked about what happened and says evidence will show his actions were “unreasonable.” The State says it is going to prove that Perry intentionally drove into the protest Garrett Foster and his fiancée were attending before Foster was killed. The prosecution says Perry should be held liable.

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