Army sergeant who drove car into crowd at BLM demonstration and shot dead protester who was armed with AK-47 is charged with murder: PARDONED!!!

[Bonesinium]

I saw the video where dead dude stuck the muzzle of the AK in live guy's face.
Try and twist that a thousand ways , it doesn't change shit.

Link?

I thought I remembered seeing a similar video but cannot find anything showing that now and am thinking maybe it was another incident somewhere else? It’s hard to remember with how much rioting took place at that time.

 

[Dadstoys]

He sure as f*** is pointing that rifle.

There was a video when it first broke that showed it, no question.
Dead dumbass walked right up to the drivers door and pointed it right in his face.
Bang bang bang ,crowd running ect.

 

[Dadstoys]

Link?

I thought I remembered seeing a similar video but cannot find anything showing that now and am thinking maybe it was another incident somewhere else? It’s hard to remember with how much rioting took place at that time.

I can't find it either.
I saw it either here or ARF , it was the same incident.
I recall thinking at the time , well that's as clear cut as it gets.

 

[Rob Boudrie]

Exactly. It’s very complex and not black and white at all.

If I had to speculate, as the rifleman is dead so we will never know, I’d wager he wasn’t planning on shooting Perry, but didn’t have good intentions either. I mean, in the interview he did earlier, he literally said he didn’t think anyone would do anything. He didn’t expect to get shot. He did expect to use his rifle as intimidation and to empower others to do bad things. So while he may not have been personally a deadly threat, I think the group as a whole, was. And being he was the one clearly with the most immediate potential, he was the one Perry targeted.

Sucks for him but that’s the potential when you go armed with a group of people out committing havoc and other crimes.

We would still not know if the rifleman survived, as he would give a self-service version of what transpired. In the situation of not knowing, there is reasonable doubt which would mandate acquittal. But, it's hard to really judge not sitting through the multiple days of presentation of evidence and testimony.

 

[Tartakovsky]

I can't find it either.
I saw it either here or ARF , it was the same incident.
I recall thinking at the time , well that's as clear cut as it gets.

Everyone keeps talking about the video they saw, but no one seems to be able to produce it. Was it scrubbed from the internet due to its exculpatory nature?

 

[FPrice]

Everyone keeps talking about the video they saw, but no one seems to be able to produce it. Was it scrubbed from the internet due to its exculpatory nature?

If it benefits a white CIS gender male defending himselfwith a gun?

Quite possibly.

 

[Bonesinium]

Everyone keeps talking about the video they saw, but no one seems to be able to produce it. Was it scrubbed from the internet due to its exculpatory nature?

So I just went back through the NES thread in which if that video existed, would have been posted. It’s not there, no dead links, nothing. Now I’m almost certain that I’m either remembering a different incident entirely, or what I thought I remembered seeing in the video wasn’t accurate and a faulty memory possibly from the combining the still image and the video in my mind.

With that said, dead guy most definitely wasn’t just holding the rifle in the normal causal manner you hold it while it’s sling. He appears to be holding it somewhere between low ready and slightly raised from low ready. Considering it being at night and lots of people moving and rushing toward the car, if he wasn’t pointing it directly at Perry, it would be completely reasonable for Perry to think he was.

 

[Chantry]

He sure as f*** is pointing that rifle.

From my link: "the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry."

 

[Chantry]

I saw the video where dead dude stuck the muzzle of the AK in live guy's face.
Try and twist that a thousand ways , it doesn't change shit.

From my link: "the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry."

 

[NHCraigT]

MSN

 

[safetyfirst2125]

From my link: "the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry."

Cop in the case testified the DA also withheld over 100 pages of exculpatory evidence from the grand jury. So. We’ll never know.

Pardon incoming.

 

[Chantry]

Considering the number of innocent drivers who’d been attacked by people at BLM protests nation wide during that time frame, plus the videos and some of the other facts, I think there’s plenty of evidence that supports a self defense claim.

As I asked, what are you supposed to do when an angry violent group of people, several who are armed, block your vehicle in the street? Seriously? What are your options? Shoot? Drive through them? Do nothing and hope they don’t shoot [at] you or rip you out of car and beat you unconscious?

It’s an honest question. Because drivers in similar situations around that time had been shot at. Had been ripped from their car and beaten unconscious. Had their windows smashed. There’s a video of a driver trying to back up and comply with the mob. It didn’t matter.

Now regardless how you got in the situation, it’s beyond clear, the crowd is a threat and you probably don’t have any good options.

It's a valid question and I don't think there is a single answer to every situation.

Perry's posts on the internet were not helpful to his case and it's likely those posts are why he did not testify: "The prosecution presented the jury with social media messages of Perry’s from which they might reasonably infer that Perry was looking for an opportunity to use deadly force against protestors. One Facebook message stated “I might have to kill a few people on my way to work.” In a Facebook comment about a video showing protestors being shot in San Antonio earlier that year, Perry wrote that he was “glad someone finally did something.”.

 

[Chevy 2 65]

From my link: "the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry."

and people don't lie.

 

[pdm]

and people don't lie.

Especially Antifa rioters. They are the very soul of honesty.

 

[Chevy 2 65]

From my link: "the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry."

He pointed the rifle. You have to be blind not to see it. Explain why his elbow is in that manner. You can also see the butt of the rifle against his shoulder.

 

[Bonesinium]

It's a valid question and I don't think there is a single answer to every situation.

Perry's posts on the internet were not helpful to his case and it's likely those posts are why he did not testify: "The prosecution presented the jury with social media messages of Perry’s from which they might reasonably infer that Perry was looking for an opportunity to use deadly force against protestors. One Facebook message stated “I might have to kill a few people on my way to work.” In a Facebook comment about a video showing protestors being shot in San Antonio earlier that year, Perry wrote that he was “glad someone finally did something.”.

Nice sidestep of the question.

 

[M1911]

And a reminder, things posted on the internet can and will be used against you in a criminal case.

Apparently the sergeant made some rather inflammatory statements in Facebook messages about shooting antifa /BLM protesters. These were admitted to trial so the jury knew about them.

It is hard to know the impact of these statements, but they are kind of like having “I don’t call 911” stickers on your truck — they sure aren’t going to help.

 

[Rob Boudrie]

Everyone keeps talking about the video they saw, but no one seems to be able to produce it. Was it scrubbed from the internet due to its exculpatory nature?

Mandella effect.

 

[drgrant]

So I just went back through the NES thread in which if that video existed, would have been posted. It’s not there, no dead links, nothing. Now I’m almost certain that I’m either remembering a different incident entirely, or what I thought I remembered seeing in the video wasn’t accurate and a faulty memory possibly from the combining the still image and the video in my mind.

With that said, dead guy most definitely wasn’t just holding the rifle in the normal causal manner you hold it while it’s sling. He appears to be holding it somewhere between low ready and slightly raised from low ready. Considering it being at night and lots of people moving and rushing toward the car, if he wasn’t pointing it directly at Perry, it would be completely reasonable for Perry to think he was.

The one video clip i saw, was a mob of people around a car, and foster and others leering/approaching on the drivers side, but then you just hear shots and thats that.. . A lot of the motion of foster was concealed. It kind of led me to believe though that Perry saw this kid sneaking up in his mirror, saw the rifle (possibly being raised? ) and decided to shoot him at that point believing that he was threatened but that's just a gut reaction based on limited information. I think this also opens aside conversation where self-defense qualifiers need to be relaxed when a reasonable person would think that a mob of people are going to kill
you.... of course Moonbats will suggest that "it's just a protest" but in my opinion if you're blocking a car from traveling on a public way intentionally that should basically be a crime by itself. I mean if you think about it there's really no excusing it if you don't want to get killed then don't surround somebody's car it's pretty simple.

 

[Chantry]

Nice sidestep of the question.

Because I don't want my response to come back on me if the worst happens and I have to defend myself with a firearm

 

[Chantry]

He pointed the rifle. You have to be blind not to see it. Explain why his elbow is in that manner. You can also see the butt of the rifle against his shoulder.

The pro-gun criminal defense who followed the trial closely disagrees and apparently the jury did too.

 

[Chantry]

Cop in the case testified the DA also withheld over 100 pages of exculpatory evidence from the grand jury. So. We’ll never know.

Pardon incoming.

There is no legal requirement for a prosecutor to present exculpatory evidence to a grand jury. See United States v. Williams (1992) - Wikipedia

There IS a legal requirement for the prosecution to give the defense any and all exculpatory evidence the prosecution has: Brady rule

 

[Dadstoys]

Everyone keeps talking about the video they saw, but no one seems to be able to produce it. Was it scrubbed from the internet due to its exculpatory nature?

Very possible.
Try and look up any of the social media of the last two shooters.
Poof , like a fart in the wind.

 

[Dadstoys]

There is no legal requirement for a prosecutor to present exculpatory evidence to a grand jury. See United States v. Williams (1992) - Wikipedia

There IS a legal requirement for the prosecution to give the defense any and all exculpatory evidence the prosecution has: Brady rule

Yet they still don't
They just let two guys out in MA. last month when it was discovered the prosecutor withheld evidence they were innocent (Two totally separate cases ) same DA .
Thirty years between them for crimes they didn't commit.
The prick is dead as is the detective that lied about it too., so they will get no justice.

 

[Broc]

• Sgt Daniel Perry, 33, was booked into jail on a charge of murder for the July 2020 killing of BLM protester Garrett Foster
• Perry shot Foster, 28, multiple times after the protester approached his ride-share car in Austin holding an AK-47
• Protesters said Foster drove into a crowd of demonstrators, and Foster sought to protect his wheelchair-bound quadruple amputee fiancée
• Perry claimed self-defense, with his lawyer now saying he was faced with a 'split-second decision' after being confronted by masked gunman

These Bullet points hurt my head.

Foster was the protester.
Foster approached Perry's car.
But foster drove his car into the protest?

 

[M1911]

Yet they still don't
They just let two guys out in MA. last month when it was discovered the prosecutor withheld evidence they were innocent (Two totally separate cases ) same DA .
Thirty years between them for crimes they didn't commit.
The prick is dead as is the detective that lied about it too., so they will get no justice.

You are mixing up two different things: 1) grand jury and 2) trial. The rules are different between grand juries and trials. A grand jury just indicts, it doesn’t try anyone. The DA apparently doesn’t have to present exculpatory evidence to the grand jury. The DA must provide exculpatory evidence to opposing council before trial.

 

[Chantry]

Yet they still don't
They just let two guys out in MA. last month when it was discovered the prosecutor withheld evidence they were innocent (Two totally separate cases ) same DA .
Thirty years between them for crimes they didn't commit.
The prick is dead as is the detective that lied about it too., so they will get no justice.

It'll never get passed, but the solution is that prosecutor who knowingly withholds exculpatory evidence from the defense will be sentenced to the same amount of jail time that the defendant was sentenced to.

 

[Agnotology]

An analysis by a lawyer who specializes in self defense law. And no, most of us aren't going to like what he has to say. The short version is that there was no apparent evidence, other than what Perry said, to support his claim of self defense.

Link: Daniel Perry’s Murder Conviction Was Legally Sound

And a reminder, things posted on the internet can and will be used against you in a criminal case.

This seems to be the correct take, as that photo does not show the gun pointed at Daniel Perry.

The one video clip i saw, was a mob of people around a car, and foster and others leering/approaching on the drivers side, but then you just hear shots and thats that.. . A lot of the motion of foster was concealed. It kind of led me to believe though that Perry saw this kid sneaking up in his mirror, saw the rifle (possibly being raised? ) and decided to shoot him at that point believing that he was threatened but that's just a gut reaction based on limited information. I think this also opens aside conversation where self-defense qualifiers need to be relaxed when a reasonable person would think that a mob of people are going to kill
you.... of course Moonbats will suggest that "it's just a protest" but in my opinion if you're blocking a car from traveling on a public way intentionally that should basically be a crime by itself. I mean if you think about it there's really no excusing it if you don't want to get killed then don't surround somebody's car it's pretty simple.

When I look at that photo, I see what looks to be a wood buttstock really high and on the crook of his elbow, in the 10 o'clock position of circle. He was carrying a full sized AK. Which means I should see front stock/barrel/gasblock somewhere in the 4 o'clock position of his rifle. But I don't. And that brown I see also cannot be his AK, because he had a side-folding black triangle stock. The more I look at that photo, the less it looks like he was pointing it at him.

Seeing the original, here (click photo and click the photo a second time once twitter's page opens)
View: https://twitter.com/JackPosobiec/status/1644518046784995331/photo/1
, without the tweet compression clearly shows a side-folding stock in the 11 o'clock position, and the barrel pointing squarely at the ground. But that is only for that one frame. I want the video that freeze-frame is taken from.
If Jack Posobiec's goal with that photo is to prove a gun was pointed at Daniel Perry, he fell completely short.

 

[Dadstoys]

You are mixing up two different things: 1) grand jury and 2) trial. The rules are different between grand juries and trials. A grand jury just indicts, it doesn’t try anyone. The DA apparently doesn’t have to present exculpatory evidence to the grand jury. The DA must provide exculpatory evidence to opposing council before trial.

I understand .
The evidence was with held at the criminal trial.

 

[Dadstoys]

It'll never get passed, but the solution is that prosecutor who knowingly withholds exculpatory evidence from the defense will be sentenced to the same amount of jail time that the defendant was sentenced to.

The last time i heard of that happening was in CO. a long time ago .
A girl was murdered in a park and two cops and the DA fabricated an entire case against some homeless guy they found sleeping on a bench.
IIRC all three received ten year sentences.