AUSTIN, Texas — Daniel Perry, the man who shot and killed another man who was participating in a Black Lives Matter protest in downtown Austin in July, has passed a polygraph test, according to his attorney.
Clint Broden with Broden and Mickelsen Law Firm told CBS Austin in July that Perry, an active duty sergeant at Fort Hood, was acting in self-defense when he shot Garrett Foster.
Foster was shot in downtown Austin by Perry who had just turned south onto Congress Avenue from Fourth Street and was been surprised by the number of people on the street.
Broden claims Perry was driving for Uber at the time, and that protesters began surrounding Perry's car-- including Foster, who was legally carrying an assault rifle.
According to Broden, Perry mistook Foster for a police officer and began rolling down his window, but realized shortly after that he wasn't.
Broden claims Foster began to raise his "AK-47" gun and Perry, fearing his life, shot Foster several times, killing him before driving away.
As he left the scene, another protester shot at his car-- and police say Perry pulled over shortly after, called police and went in for questioning.
Broden said that Perry took the polygraph test on October 16th, and was asked these two questions:
Did you lie about seeing that AK barrel coming up before you fired your weapon on July 25th?
Did you lie about seeing that AK barrel being raised before you shot [Garrett Foster] on July 25th?
"Sgt. Perry answered 'no' to both questions and Mr. Holden found that 'NO DECEPTION INDICATED' and that Sgt. Perry was being 'TRUTHFUL' in his responses on the test," Broden wrote in a press release.
Perry has not been charged with a crime as of this publication.