Attorneys for Daniel Perry, a U.S. Army sergeant, filed a motion for a new trial days after Perry was convicted of murder. The legal team said key evidence was omitted from Perry’s trial that showed he acted in self-defense and that the jury was subject to “outside influence.”
Perry, 37, had fatally shot Garrett Foster, who had approached Perry’s car with a rifle during a Black Lives Matter demonstration, in Austin, on July 25, 2020. Perry, who was working for Uber, was traveling to Austin for work at the time before his car was surrounded by protesters, one of whom was Foster.