Family of Austin BLM protester sues admitted shooter Daniel Perry, Uber

AUSTIN, Texas - The family of a Black Lives Matter protester who was shot and killed in 2020 is suing the admitted shooter who was driving for Uber. The family is also suing Uber.

Murder charges are still pending against the driver, Daniel Perry.

Garrett Foster's family filed the lawsuit Wednesday in Travis County state District Court. 

The lawsuit states that the company should have known Sgt. Daniel Perry was a "dangerous, ticking time-bomb." The lawsuit also states that Perry posted online that he had previously threatened to shoot protestors.

Daniel Perry, 35, was driving with Uber in downtown Austin in 2020 when he reportedly shot and killed Garrett Foster. Perry drove his car onto Congress Avenue, where protesters had been marching. Protestors began "striking the vehicle" and Garrett reportedly approached the vehicle with a rifle. It is legal in Texas to openly carry a rifle.

Perry fired several shots at Garrett with a handgun. Garrett, a 28-year-old U.S. Air Force veteran, was taken to Dell Seton Medical Center where he was pronounced dead. 

Perry drove away after he shot Foster, and he then called the police. 

The Austin Police Department determined that the shooting was a justifiable homicide, but a grand jury decided that probable cause existed to charge Perry with murder. Murder charges are still pending against Daniel Perry.

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According to the Austin Police Department, officers reported hearing two separate volleys of gunfire on Congress Avenue just before 10 p.m. during a Black Lives Matter protest march on July 25. When officers arrived at the scene, they found Foster with multiple gunshot wounds and began resuscitation efforts until fire crews arrived and took over.

According to his attorney, Army Sergeant Daniel Perry was driving for a ride-share company and had dropped off a client in downtown Austin shortly before the shooting. Perry was heading to a 'hot spot' to wait for notification on another pick-up or food delivery when he turned right onto Congress Avenue and encountered a large group of protesters.

Perry allegedly did not know there was a protest going on in downtown Austin. 

Foster's family believes Perry drove the car into the crowd intentionally. 

Austin police say protestors began hitting Perry's car. Some protestors say Perry aggressively drove through the crowd, honking his horn. Foster, then approached Perry’s driver-side window with a rifle. He legally carried the gun. His mother says he carried it for protection at protests.

Perry claims Foster raised the gun.

WARNING: THIS VIDEO CONTAINS GRAPHIC CONTENT

APD says gunshots than were fired from inside the vehicle at Foster.

ATCEMS transported Foster to Dell Seton Medical Center at the University of Texas where he succumbed to his wounds and was pronounced dead a short time later.

Sheila Foster, Garrett Foster’s mother, released the following statement to media:

"It’s my hope that my son’s story will now be told by the media.  He stayed with, and cared for Whitney Mitchell, his quadruple amputee fiancée for ten years after she lost all four of her limbs.  He was a veteran of the United States Air Force, and he believed passionately in the Constitution and protecting our freedoms and our rights, including the right to free speech and the right to bear arms."