TX - Multiple victims in downtown shooting, 1 killed, Austin, July 2020 *Army sergeant charged* *guilty*

MajorHoople

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From the link above I noticed the bullet hole in Sgt. Daniel Perry's car. He is fortunate that the Antifa supporters tend to be poor pistol shots.
 

Cryptic

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It looks like the shooter has been charged by a grand jury with multiple charges- including murder.

https://www.kxxv.com/hometown/texas...r-garrett-foster-indicted-on-multiple-charges

The prosecutor is stating that deleted social media messages by the shooter indicate that he was pre-disposed to confront protesters. Another point appears to be that the shooter had already noticed the crowd, but still went down the street.

In the end, I think that the social media posts and driving down a street after noticing the protestors still dont support murder charges- at all.

I could go with manslaughter, if it could be shown that the sole intent of shooter that night was to find and confront protesters. But, at the end of the day, the deceased did not give prosecutors a strong case- he chose to ignore police directions not to block streets- then pointed a weapon at somebody attempting to use a street.
 
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JerseyGirl

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A U.S. Army sergeant accused of murdering a demonstrator at a 2020 police brutality protest in downtown Austin will stand trial in the shooting beginning Monday in Travis County District Court.

On July 25, 2020, Daniel Perry was working as a rideshare driver when he took a turn onto a street where a group of people were protesting police brutality. That wrong turn led to a clash between Perry and a protestor.
 

Cryptic

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On July 25, 2020, Daniel Perry was working as a rideshare driver when he took a turn onto a street where a group of people were protesting police brutality. That wrong turn led to a clash between Perry and a protestor.
The source could be incomplete from both sides- and that incompleteness might show how this was purely avoidable:

- The prosecutor maintains that new cell phone analysis shows that Perry double backed upon noticing the protestors. He also states that Perry had made social media posts expressing a willingness to confront protestors.

- The deceased protestor's group had been informed many times by police that they could not prevent other citizens from using a city street. Yet, the deceased is also on social media stating that he carried a weapon in part because he thought it would empower him to enforce illegal street closures.

In my opinion, the larger society seems to have two interests in the case:

A- Should not facilitate people illegally ordering other citizens off public streets and then enforcing that order with weapons-motivation of the protestors does not matter.

B- Should not facilitate a citizen identifying other citizens whose views the oppose, arming themselves, then start "Cruising for a show down". It does not matter whether the cruisers are inner city youth types or well, military servicemen.
 
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JerseyGirl

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Judge Clifford Brown said the sentencing hearing could happen as early as next Tuesday, the Austin American-Statesman reported. Perry faces at least five years in prison, but murder convictions can result in a life sentence in Texas.
 

TGIRecovered

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Hallelujah, there is justice in Texas! There is no excuse for anyone to ever be part of a mob, blocking people from driving past unaccosted. People in the United States of America are free to protect themselves and the sooner this innocent man is set free, the better! MOO
 

Cryptic

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Hallelujah, there is justice in Texas! There is no excuse for anyone to ever be part of a mob, blocking people from driving past unaccosted. People in the United States of America are free to protect themselves and the sooner this innocent man is set free, the better!
I agree with you fully. At the same time....

The jury heard all the facts. Evidently, this included social media posts showing a pre-disposition to confront protestors and cell phone tracking indicating that he had doubled back to take that particular street.

In short, cruising for a confrontation might not be a good idea if trouble develops later.

The deceased had been told by police that he did not have authority to block public streets- but he chose to do so repeatedly. The deceased also stated that he carried the AK-47 to enhance his "street creds" to close down streets.

I think your point is equally valid. Society cannot tolerate mobs ordering other citizens off of public streets and enforcing those orders at gun point. Those who give such orders risk bad out comes. The deceased received one.

I support the pardon. But... I think the governor should have waited until after sentencing- and perhaps after the review by an appellate court.

Yes, the defendant would spend time in prison. But.... governors offering quick and easy "Get out of Jail Free" cards to convicted defendants might not be a good idea either.
 

Cryptic

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I cant believe this evidence was not permitted to be shown at trial. It could indicate a politically biased judge.

The prosecution was allowed to present past social media posts made by the defendant that supported shooting demonstrators. Yet the defense was not permitted to present:

- Evidence (video footage) that the deceased stated he carried a weapon to intimidate "puzzies" (sp) (those who don't share his political beliefs)

- Three other instances of the deceased forcing cars to stop on public streets. The cars were then attacked by demonstrators.

Speedy and complete pardons by governors can threaten to undermine the judicial system. Then again, so can politically biased judges.

I think the ideal outcome would be witholding the pardon. An appellate court voids the conviction upon appeal. A plea bargain is then entered and accepted or manslaughter.
 

sds71

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When asked if the newly revealed evidence affected the governor’s decision for a pardon recommendation, Abbott spokesperson Renae Eze said “all pertinent information is for the Board of Pardons and Paroles to consider, as this is part of the review process required by the Texas Constitution.”



@stevanzetti

In addition to occasionally racist messages suggesting Daniel Perry, the man Governor Greg Abbott wants to pardon, was fantasizing about shooting protesters, there are some where he is chatting with underage youth. "No nudes until you're old enough," Perry wrote in one message.

 
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