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The lawyer, Clint Broden of Dallas, recognized his consumer as Daniel Perry and mentioned he was an lively responsibility sergeant within the Military. Broden mentioned he was releasing Perry’s identify in an try to appropriate misinformation within the media.

Final Saturday evening, Perry was working as a driver for a ride-share firm to make extra cash and had simply dropped off a consumer when he encountered the protest on Congress Avenue, the discharge mentioned.

Perry didn’t know the protest was happening earlier than turning onto Congress Avenue, the discharge mentioned.

Folks started beating on the automobile and a person now recognized as Garrett Foster approached, carrying an assault-style rifle, and motioned for Perry to decrease his window, the discharge mentioned. Pondering the person was related to legislation enforcement, Perry did so however then realized the person was not a legislation enforcement officer, the discharge mentioned.

“It has now been confirmed by a number of witnesses that this particular person with the assault rifle then started to lift the assault rifle towards Sgt. Perry,” the information launch mentioned. “It was solely then that Sgt. Perry, who carried a handgun in his automobile for his personal safety whereas driving strangers within the journey share program, fired on the individual to guard his personal life.”

Someone else fired on Perry’s car and he drove to security and referred to as police, the information launch mentioned.

An undated photo of Sgt. Daniel Perry provided by Broden & Micklsen, the law firm representing him.

Fort Hood confirmed in a press release that Perry is a sergeant assigned to the first Cavalry Division. The assertion mentioned the bottom was cooperating with the Austin Police Division in its ongoing investigation

No fees have been filed within the capturing and Austin police haven’t recognized the shooter. A spokesman for the Austin Police Division mentioned Friday police haven’t launched the identify of the one that shot Foster as a result of the incident remains to be underneath investigation.

After the incident, Austin Police Chief Brian Manley mentioned officers responded to a 911 name during which the caller acknowledged they’d simply shot somebody who had approached their automobile window and pointed a rifle at them.

When officers arrived, they started resuscitation efforts on the 28-year-old Foster, however he died shortly after at a neighborhood hospital, Manley mentioned.

The motive force accused of capturing Foster was introduced in by police for questioning, and his handgun and automobile had been secured for proof, police mentioned, and one other one who fired their gun on the automobile was introduced in for questioning. Each had a hid handgun license and had been launched pending additional investigation.

Witnesses gave many accounts, together with that the disturbance started when the car began honking its horn, Manley mentioned. Witnesses instructed police that Foster approached the automobile with an AK-47 assault-style rifle whereas others within the crowd started hanging the car.

One witness to the capturing, James Sasinowski, instructed CNN that the driving force of the automobile initiated the encounter by turning on Congress Avenue and accelerating towards the protesters.

“This was intentional. It was aggressive and he accelerated right into a crowd of protesters,” Sasinowski mentioned. “He may have waited for us to go or he may have gone slowly. We’d have allowed him to undergo.”

“This was intentional,” Sasinowski mentioned in an interview with CNN’s Chris Cuomo. “It was aggressive and he accelerated right into a crowd of protesters. He may have waited for us to go or he may have gone slowly. We’d have allowed him to undergo.”

Sasinowski mentioned it was lower than 10 seconds between the driving force stopping his car and when the photographs had been fired. He mentioned he didn’t see whether or not Foster pointed his gun on the automobile and was about 20 ft away when he heard the primary gunshots.

He mentioned he appeared over his shoulder and noticed the driving force’s arm absolutely prolonged out of the window and holding a handgun. The motive force fired a number of extra photographs, Sasinowski mentioned.

“I need to be very clear that the driving force incited the violence, he accelerated into the group of individuals and he shot first,” he mentioned.

In an interview with CNN affiliate KEYE, Broden mentioned that Perry “he does take that flip rapidly, however this concept that he did that to run protesters down is absurd.”

Broden additionally instructed the station that Perry was driving for the ride-sharing firm Uber. CNN has reached out to the corporate for remark however has not but heard again. Uber has an organization coverage prohibiting drivers from carrying weapons.

The information launch from Perry’s lawyer mentioned that Perry didn’t flee the scene however referred to as police as quickly as reaching security.

“Sgt. Perry and his household deeply sympathize with the loss and grief being skilled by Mr. Foster’s household,” the information launch mentioned. “Sgt. Perry is devastated by what occurred.”

Broden urged individuals who may need to criticize Perry to “image themselves trapped in a automobile as a masked stranger raises an assault rifle of their path and replicate upon what they could have executed if confronted with the break up second resolution confronted by Sgt. Perry that night.”

CNN’s Jennifer Henderson and Madeline Holcombe contributed to this report.

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