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An Army soldier who shot and killed an armed protestor after driving into a crowd demonstrating against police violence in Austin, TX last summer has been indicted on murder charges, according to authorities.

Sgt. Daniel Perry, who was stationed at Fort Hood, was booked and released on $300,000 bail, a spokeswoman for the Travis County Sheriff’s Office told AP News.

Perry’s attorney, Clint Broden, released in a statement that the soldier was working for a ride-share company and acted in self-defense after the protester pointed a gun at him.

“It is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction,” Broden said in a statement.

The Texas Tribune reported that Perry stopped his car, honked and seconds later, he drove his car into the crowd.

Perry then encountered Garrett Foster, a 28-year-old Air Force veteran, who was holding an AK-47. The rifle was legal under Texas open carry laws, according to NY Post.

At the time, authorities reported that Perry, who was also legally armed, fatally shot Foster with a handgun before fleeing the scene.

Travis County District Attorney Jose Garza said in a press conference on Thursday, July 1, that the grand jury returned indictments against Perry for the charges of murder and aggravated assault with a deadly weapon and a deadly conduct misdemeanor charge in the July 25, 2020 death of Foster. He said that the grand jury reviewed evidence from investigators by the D.A. office and a three-week investigation by Austin police officers.

Garza told NY Post that Perry declined to testify before the grand jury, but that Perry’s lawyer did provide a packet of information, which was shared with the grand jury with the exception of details not admissible in a trial.

 

Foster (right) and his fiancee, Whitney Mitchell (left)

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