AUSTIN— Nearly two months of civil unrest has persisted in Austin, Texas after the death of George Floyd. On Saturday, July 25, a man was shot and killed during a protest.

Garrett Foster and his fiancée, Whitney Mitchell, who is a quadruple amputee and uses a wheelchair. Photo courtesy of @JermaineWatkins via Twitter.

Garrett Foster, 28, was killed when a car drove into a crowd of protesters on Congress Avenue near 4th Street at 9:51 p.m. Foster was openly carrying an AK-47 style rifle, he allegedly pointed it at the driver. The driver, who was working for a rideshare company, then rolled down his window and shot Foster. He left the scene as a bystander fired their gun at the vehicle. He called 911 moments after the incident.

The shooter has been identified as Daniel Perry, an active duty sergeant with the U.S. Army from North Texas.

Perry’s attorney, Clint Broden, said in a statement: “We simply ask that anybody who might want to criticize Sgt. Perry’s actions, picture themselves trapped in a car as a masked stranger raises an assault rifle in their direction and reflect upon what they might have done if faced with the split second decision faced by Sgt. Perry that evening.”

The statement also said: “[Perry] waited for the police to arrive and was fully cooperative with the police following the shooting and continues to do so.”

Garrett Foster’s mother, Sheila Foster, said to The Dallas Morning News: “This man needs to go to jail for the rest of his life. If I could have been there to take those bullets in his place I would have. My son was a better man than most, and if he hadn’t been there, there’s no telling how many lives this evil man would have taken because he went there intent on hurting people.”

A memorial was held for Garrett Foster in downtown Austin. Photo courtesy of @chadloder via Twitter.

The Austin Police Department and Texas Department of Public Safety intend to increase staffing for expected protests this upcoming weekend.

Anyone with information on the shooting is encouraged to call Capital Area Crime Stoppers at 512. 472.8477 or email