Adam Loewy Discusses the Daniel Perry Verdict with KVUE
The case against Daniel Perry, the U.S. Army sergeant indicted for murder, deadly conduct, and aggravated assault after killing Garrett Foster at a protest in Downtown Austin in 2020, is now over. The jury spent 17 hours deliberating after hearing testimony from dozens of witnesses and closing statements from the prosecution and defense teams.
Perry was found guilty of murder for his actions related to Foster’s death. However, the jury found him not guilty of aggravated assault. Deputies immediately handcuffed and took Perry into custody after the court rendered its verdict.
According to trial evidence, on July 25, 2020, Perry made a wrong turn onto a street filled with people protesting police brutality. After dropping off his rideshare passenger, demonstrators surrounded his vehicle in downtown Austin, according to his lawyer. Some allegedly started beating on the car, including Garrett Foster, who was holding a rifle.
Perry then shot Foster, claiming that Foster raised his weapon and that he had no choice but to act in self-defense. Although Perry called 911 soon after the incident, Foster didn’t survive the gunshot wound.
Perry remained out on bond for some time after turning himself in to local authorities. Then, in July 2021, a grand jury indicted Perry with deadly conduct, aggravated assault, and murder after reviewing the evidence.
A crime scene specialist, a medical examiner who conducted Foster’s autopsy, a citizen journalist, fellow protestors, and other witnesses testified. Many took the stand to discuss Perry’s demeanor during his encounter with Foster and after the shooting. They also described the protestors’ energy and how Foster held his gun.
However, Perry never took to the stand to defend himself against the charges he faced. While speaking with KVUE Reporter Tony Plohetski, attorney Adam Loewy mentioned how this was a mistake. “I think in this county, a jury wants to hear from a person claiming self-defense, and they want him to swear under oath and explain why he felt he was in danger.” Loewy went on to say, “And I think, in retrospect, it was a big mistake not to put him on the stand.”
The jury saw numerous photos and videos during the trial. The state also shared Perry’s previous social media posts to support their claims that he had previously threatened protestors.
Mr. Loewy, an injury attorney in Austin, discussed the importance of letting the state present those social media posts at trial. He said, “When the state presents this and says this guy was looking for a fight, this guy was looking for trouble to shoot protestors, and this is what happened. I think the jury believed it.”
Now, Judge Brown has the difficult decision of deciding whether to sentence Perry to prison and, if so, how long his sentence should be.
According to Loewy, “Brown is one of the best judges in Travis County. He’s very fair. He will look at all of the evidence. One thing to keep in mind is that these social media posts that were entered into evidence were not all of the evidence. Judge Brown kept a lot of them out. But importantly, Judge Brown saw all of them. So, I can’t imagine that doesn’t influence his decision somewhat.”
Loewy also gave his opinion on possible sentencing, saying, “If I had to guess, I think he will sentence Perry to 20 to 30 years in prison.”
Contact the expert team at Loewy Law Firm for more information about this case and how they can assist you with your personal legal needs.