A jury in Austin, Texas, has convicted an Army sergeant and Uber driver of murder after he shot dead a Black Lives Matter protester during the George Floyd riots, who confronted him with an AK-47.
Daniel Perry, 37, said that he killed Garrett Foster, 28, in self defense.
The jury deliberated 17 hours over two days to reach its decision, after an eight-day trial.
He sobbed when the guilty verdict was read out, and hugged his attorney. Perry faces up to life in prison.
Foster’s wife, Whitney Mitchell, hugged friends and cried after hearing the verdict, The Austin-American Statesman reported.
Perry was driving his Uber through downtown Austin on July 25, 2020, and found himself in the midst of a BLM protest.
The city, and much of the nation, was at the time roiled by demonstrations following the May 2020 murder of George Floyd in Minneapolis.
Daniel Perry, a 37-year-old Uber driver and Army sergeant, was found guilty of murder on Friday
Perry killed Garrett Foster, 28, who is pictured with his wife Whitney Mitchell
Activists are pictured on July 26, 2020 holding a vigil for Foster, the day after he was killed
Defense lawyers said that Foster raised his AK-47 at Perry, and that Perry fired in self-defense.
Witnesses have said during the trial that Foster never raised his rifle at Perry.
On Friday, a jury found Perry guilty of murder, but not guilty of aggravated assault.
Perry’s defense attorneys, in their closing arguments, insisted that he had no choice but to shoot Foster five times as he approached Perry’s car with an AK-47 rifle.
Prosecutors said Perry had plenty of choices, including driving away before he fired his revolver.
Guillermo Gonzalez, prosecuting, said Perry’s posts on social media showed he was vehemently opposed to protesters.
Perry also said that in Texas you could get away with shooting them.
Perry’s phone showed he was texting a woman shortly before the 9:51pm encounter with Foster.
The woman he wanted to meet up with sent him a text asking for money, said Gonzalez.
‘This is an age-old story about a man who couldn’t keep his anger under control,’ said Gonzalez.
‘It’s not about police, and it’s not about protest marchers.’
The scene of Foster’s shooting in Austin, Texas on July 25, 2020
Police are pictured on the scene of Foster’s killing in July 2020 in downtown Austin
Foster was a frequent presence at BLM protests, and was armed with an AK-47 when he was killed
A memorial to Foster is seen in Austin on July 28, 2020 – two days after his killing
Gonzalez said Perry drove angrily into the crowd even though he could clearly see the protesters marching from three different angles.
The state argued Perry sped into the crowd, but that was disputed by the defense’s expert witnesses who used science and data to track the speed of his car. The expert testified he was slowing down when his car entered the demonstration.
Doug O’Connell, defending Perry, said prosecutors wanted the jury ‘to believe (Perry) had this evil plan when he turned right.’
‘The protesters didn’t know anything about Perry when they attacked the car and boxed it in,’ he said.
‘And Daniel had no choice, and that could have happened to anyone.’
O’Connell argued that Foster was dressed for battle at the protest, including wearing a neoprene vest under his T-shirt and carrying an AK-47, a club and a knife.
Perry was wearing a T-shirt, shorts and flip-flops.
‘Garrett Foster is dressed for war,’ O’Connell said.
‘Daniel Perry is dressed for the beach.’
