Daniel Perry's attorney addresses verdict in deadly conduct case

Fox - 7 Austin
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2 Video Views·Oct 24, 2026
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In 2023, former Army Sergeant Daniel Perry
was on trial for the 2020 murder of Black Lives Matter
protester Garrett Foster.
Perry was working as a rideshare driver when he turned his car
onto a street crowded with demonstrators and shot Foster,
who was legally carrying an AK-47
before driving off. My own child was killed
on American soil for doing nothing but practicing
his first and second amendment rights.
Perry's attorney, Doug O'Connell, claimed he acted in
self-defense. He defended himself
when an AK-47 was pointed at him by one of the protesters.
He shot that protester five times, drove away,
and immediately called 911 for help.
He was indicted for murder, aggravated assault,
and misdemeanor deadly conduct. In 2023,
he was convicted of murder sentenced to 25 years in prison
and acquitted of the aggravated assault
but after spending one year in prison he was pardoned
by the governor's office stating Texas's
stand your ground laws of self-defense
the county attorney that's responsible for prosecuting
misdemeanors decided they wanted to try
this misdemeanor deadly conduct charge the Travis
county attorney's office claimed
that Perry's reckless behavior put the demonstrators walking
along Congress in imminent danger
of serious bodily injury the accusations include texting
while driving failing to come
to a complete stop before turning right on a red light turning into
an intersection with pedestrians in the crosswalk
and driving into a crowd an expert witness who did
a photogrammetry analysis on the videos
and the photographs from that night that proved to the
jury that Daniel wasn't traveling in a reckless manner in his car.
He was actually going less
than half the speed limit
when he turned from 4th Street onto Congress Ave. This week, after just
two hours of deliberation, the six-person jury found Perry not guilty.
This has been a long,
long journey. It's finally over,
and he can get on with getting on with the rest of his life.
The Travis County Attorney's Office sent Fox 7 a statement saying,
quote, we are grateful for the hard work of our trial team.
And while we are disappointed in the outcome,
we appreciate the jury's time and respect their decision.
O'Connell says Perry was discharged from the Army
because of the murder conviction.
Now they filed the paperwork to get
the discharge upgraded to an honorable discharge.
