Travis County judge denies motion to drop case against driver who fatally shot BLM protester
The case against a driver charged with killing a Black Lives Matter protester in Austin will continue after a state district judge on Wednesday disagreed with the defense's allegations of prosecutorial misconduct and denied a motion to dismiss.
U.S. Army Sgt. Daniel Perry, who was indicted by a Travis County grand jury this summer on charges of murder, aggravated assault and deadly conduct, has said that he acted in self-defense when he shot and killed Garrett Foster a year ago in downtown Austin.
Since the indictment, Perry's attorney has filed several motions accusing District Attorney José Garza of manipulating the grand jury system. Austin police Detective David Fugitt, who determined that the shooting was justified, has said that prosecutors instructed him to dramatically scale down his grand jury presentation of his evidence in the case involving Daniel Perry.
When Fugitt asked prosecutors if he would face any ramifications if he did not edit his presentation, they resent him an email simply reaffirming the subjects he was not allowed to mention in his testimony.
Read more: https://www.statesman.com/story/news/2021/08/05/judge-denies-motion-drop-daniel-perry-case-garrett-foster-death/5496892001/
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