AUSTIN, Texas — Attorneys will give their closing arguments on Thursday in the murder trial of a rideshare driver who shot an armed protester in Downtown Austin.
Army Sgt. Daniel Perry says he shot Garrett Foster in self defense in July 2020 during the social justice protests in the city.
On Wednesday, a key witness took the stand – former APD detective David Fugitt, who was the lead investigator on the case.
The defense questioned Fugitt, first asking him to identify the routes and timeframes of the protest that took place the night of the incident. He showed the route Perry's car took, clarifying why he made the turn onto Congress Street, saying he was in a "turn-only lane."
Fugitt also took a number of measurements, looking at still photos to identify how close Foster potentially was to Perry's car.
Fugitt said he found no evidence of skid or tire marks from Perry's car, and there was no evidence it accelerated or that his car hit anyone. He agrees the protesters were "somewhat hostile," calling the situation "volatile."
He showed the jury that Foster was in a "tactical and bladed stance" when he approached Perry's door.
Defense attorney Doug O'Connell asked Fugitt about what he knew prior to his interview with Perry.
Fugitt responded with his account of the situation, stating he "knew that Garrett Foster pointed the rifle at Daniel Perry, that he challenged him to get out of the vehicle and that protesters intentionally jumped in front of Daniel Perry's car to stop him."
The State cross-examined Fugitt. Prosecutor Guillermo Gonzalez asked Fugitt if he had ever been wrong in homicide cases before, despite being an experienced and well-credentialed officer.
Fugitt responded simply, "Yes."
The defense and prosecution have both rested their cases, and each side will present a 90-minute closing argument on Thursday. Judge Clifford Brown has said he wants to have the case in the hands of the jury by the end of Thursday.