Bombshell: Anti-police DA retaliates against cop for not changing investigation to target veteran

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AUSTIN, TX- On July 25, 2020, a group of “peaceful protesters” took over an intersection in Austin, Texas. As one car attempted to drive past the crowd through the intersection, the group approached that vehicle.

In this case, one of the “protesters,” Garrett Foster, was carrying a loaded AK-47 rifle. According to the car’s operator Army Sgt. Daniel Perry, Foster pointed the weapon at him. Perry fired in Foster’s direction from inside his car, killing him.

Perry claimed that as he drove away, another protester shot at his car. The Texas Tribune reported at the time that Perry initially fled the area, however then contacted the Austin Police Department proactively to report the incident, which we reported earlier this year.

Perry was subsequently indicted by a Travis County grand jury and charged with murder, aggravated assault, and deadly conduct.

Now PJ Media is reporting that Travis County’s district attorney and the acting chief of police may have attempted to sway the investigation.

The indictment is extremely questionable, given the fact that photos of the scene showed Foster pointing the AK-47 at Perry, the castle law in Texas extends to an individual’s car, and allows the use of deadly force in self-defense if a driver believes his or her life is in danger.

Perry was also a concealed handgun permit holder and had no criminal record. On the night of the shooting, he was driving for Uber on that night, and was released by the Austin PD after questioning.

The shooting was investigated by Austin Police Detective David Fugitt, one of the agency’s most experienced investigators, with decades of experience who has a record of solving numerous cases.

By all accounts, Fugitt took extensive notes of everything involved in the case. Fugitt’s investigation found that Perry had shot Foster in self-defense and should not face criminal charges.

In new filings levied in Perry’s case this week, it shows that District Attorney Jose Garza, yet another George Soros-funded far-left neo-Marxist district attorney ordered Fugitt to change his testimony before the grand jury in order to ensure Perry would not be exonerated.

After he refused to do so, Fugitt was subject to retaliation by both Garza and Austin’s acting police chief Joseph Chacon, as well as Assistant Chief Ricardo Guajardo, the filing read.

 In the filings obtained by PJ Media, Fugitt said he was directed by Assistant District Attorney Guillermo Gonzalez to alter his witness testimony before the grand jury.

Fugitt said he told Gonzalez that due to restrictions and limitations placed upon his “presentation and testimony” by the DA’s office, the outcome of the grand jury “was clearly a pre-determined, forgone conclusion.”

Fugitt further told the Travis County District Court Trial Director and Assistant District Attorney Efrain De La Fuente in front of two other attorneys that forcing him “to withhold exculpatory evidence (to include impeaching and evidence material to innocence) only served to mold and perpetuate a false narrative for the grand jury.”

An attachment to the filing in which Fugitt outlined his concerns about possible retaliation from the DA’s office if he refused to restrict evidence and hide evidence from the grand jury, at which point Gonzalez told Fugitt he would “discuss” his “concerns with the elected District Attorney Jose Garza.”

It was later confirmed that the directive to change his (Fugitt’s) grand jury testimony was coming directly from Garza.

True to his oath, Fugitt refused to change his testimony or alter evidence and stood by his finding that Foster acted in self-defense, and it was a justifiable homicide. That was when Fugitt was subjected to retaliation by Garza, Chacon and Guajardo., according to the filing and several others obtained by PJ Media.

The filing, the Defendant’s Request for Evidentiary Hearing in Support of Motion to Dismiss Indictment Based Upon Prosecutorial Misconduct, contained an affidavit from Fugitt in which he said that his grand jury testimony was tampered with by Garza.

Only 21 minutes later, Garza called Chacon, at which Guajardo was apparently directed to threaten disciplinary action against Fugitt and ordered him not to speak with the defense attorneys in the case.

The filing read:

  • Guajardo told Det. Fugitt that “the [threatened] Internal Affairs complaint was in direct response to APD Interim Chief Joseph Chacon ‘getting his ass chewed’ by Travis District Attorney Jose Garza”
  • Guajardo told Det. Fugitt that Chacon was attempting to curry favor with Garza in Chacon’s efforts to be named the new police chief.
  • Guajardo told Det. Fugitt that the threatened disciplinary complaint would not have happened had Det. Fugitt had “not come forward with the accusation of Witness Tampering by Travis county District Attorney Jose Garza”
  • Fugitt noted “Assistant Chief Guajardo then gave me a ‘Direct Order’ that I am not to speak to Defense Attorneys Clint Broden or Doug O’Connell without a court ordered ‘subpoena.’”

“In deference to the retaliation against Det. Fugitt, the defense has not attempted to speak to Det. Fugitt about the facts of the case since that time.”

Any such internal affairs complaint can lead to disciplinary action up to and including termination from the department.

The new filing asks for an evidentiary hearing to investigate the facts surrounding Det. Fugitt’s direct accusations against Garza, and also includes new evidence and also implicates Chacon and Guajardo.

Not so ironically, Garza opposes any such evidentiary hearing, likely because he is guilty of prosecutorial malfeasance, according to Perry’s defense attorneys.

The document actually alleges criminal conduct against Garza, accusing him of felony criminal conduct under the Texas Penal Code 36.06(a)(1)(A), unethical conduct, and violation of Sgt. Perry’s right to a fair trial under the law as a defendant.

Det. Fugitt’s notes were included in the filing and outline specifically what he found based on the evidence of the case:

The exculpatory evidence, impeaching information and evidence material to innocence that I was directed by the Travis County District Attorneys Office to remove from my grand jury presentation directly and unequivocally refutes the aggravated assault with motor vehicle charge ultimately returned by the grand jury.

Based on the totality of the circumstances, the available evidence supports the assessment that Daniel Scott Perry had the right to be on the public roadway, did not provoke an armed encounter with Garrett Foster or engage in criminal activity other than a traffic violation [ran red light] and reasonably acted in self-defense under Texas Penal Code Sec. 9.32-deadly force in defense of person. Justified homicide.

In other filings this week, Perry’s attorneys intend to call Garza to the witness stand due to the allegations of misconduct. That move, which is highly unusual would remove Garza from being able to participate in the case.

PJ Media notes that Chacon is among three finalists for the Austin PD’s full-time position.

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For our original reporting on this incident, we invite you to:

DIG DEEPER

TRAVIS COUNTY, TX- The New York Post reports that a US Army soldier who shot and killed an armed protester last summer, after coming across a Black Lives Matter protest and was accosted by a mob has now been charged with murder, according to law enforcement authorities.

Army Sgt. Daniel Perry was indicted last week by a Travis County grand jury and charged with murder, aggravated assault and deadly conduct in connection with the July 25, 2020 death of Garrett Foster in Austin, Texas.

Perry, stationed at Fort Hood was working for a ride-sharing company and had just finished dropping off a customer. As he turned onto a street, he came across with a street full of “peaceful” protesters complaining about alleged police brutality.

Perry stopped his vehicle, honked the horn and a few seconds later drove his car into the midst of the crowed, according to The Texas Tribune.

A mob then surrounded Perry’s car, including Foster, a 28-year-old veteran of the United States Air Force. Foster was carrying an AK-47 rifle, legal to carry under Texas open carry laws.

Details about what occurred next are muddled, but at some point, Foster died of multiple gunshot wounds. Austin police say that Perry, also legally armed, allegedly shot foster with a handgun and then fled the area, as reported in The Tribune.

The Tribune also noted that it was Perry who called police to report what happened and told them he fired in self-defense. After calling police, Perry drove to safety and waited for police to arrive. He was fully cooperative with police following the shooting.

Also, to address the elephant in the room, both men are white.

Perry was taken into custody after the shooting, however, was released without charges pending an investigation. Perry’s attorneys said that he had acted in self-defense, claiming Foster pointed the AK-47 at him. Video of Foster prior to the shooting also seems to indicate he wasn’t there as a “peaceful” protester.

Perry claimed that protesters started beating on his vehicle after he turned onto the street, at which time Foster approached his vehicle and demanded he lower his window. Perry, who believed Foster to be a law enforcement official complied. He alleges that Foster raised his weapon up toward him, at which point Perry realized he wasn’t a police officer, at which point he fired in self-defense.

Here is video of the moments leading up to the shooting:

 

“It is important to note that the standard of proof required for an indictment is significantly less than the standard of proof required for a conviction,” Perry’s attorney Clint Broden said in a statement.

According to Travis County District Attorney Jose Garza, the grand jury reviewed evidence from the investigation into the incident, reviewing over 150 exhibits and interviewing 22 witnesses in the process.

“In this case, we were particularly presented with an extensive collection of evidence for the grand jury’s consideration,” Garza said.

Some witnesses said that Perry had initiated the violence prior to shooting Foster, who attended the protest with his fiancée, a triple amputee. He had resigned from the Air Force to be her full-time caregiver, the Post said.

Perry turned himself into the Travis County Jail last Thursday and was released on a $300,000 bond.

Broden complained that the Travis County District Attorney’s office refused to allow them to present written evidence to the grand jury.

‘This refusal is unusual in Texas and begs the question of why the District Attorney’s Office would not allow this,” Broden said.

“We understand the political motivations of the district attorney, however when this case is presented to a jury at trial and the jury gets to hear all the evidence instead of a one-sided presentation, we have every confidence that Sgt. Perry will be acquitted.”

The district attorney’s office did not respond to a request by the Tribune for comment on Broden’s allegations.

However, it should be noted that Garza is one of a number of district attorneys across the country who was elected through the deep pockets of anti-American socialist billionaire George Soros. That would seem to indicate he’s soft on real criminals while going after someone who appeared to be protecting his own life. Here’s an example:

The incident sparked outrage among people who had been protesting against what they call “systemic racism”, and it also fueled a debate over Texas’ open carry law, as well as the state’s “stand your ground” law, which grants people the right to use deadly force if they feel they are in danger.

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For more on “peaceful” BLM/Antifa protests, we invite you to:

DIG DEEPER

PORTLAND, OR – The evening of January 23rd in Portland, Oregon saw yet another demonstration aimed at an Immigration and Customs Enforcement facility located within the city.

This protest that was eventually declared as an unlawful assembly, was said to have prompted the response from Federal Protective Service officers.

In Portland, the ICE facility situated within the city has been the target of protesters for some time within the past year, with optics that transpired on the evening of January 23rd that hosted similar chants and antics akin to what the facility has been subjected to previously.

Video captured from the demonstration showed protesters shouting the likes of, “No borders! No nations! Abolish deportations!”

At approximately 10:00 p.m. in Portland that evening, law enforcement officers from the Federal Protective Service – which the FPS is an entity that falls under the Department of Homeland security – had declared the protest to be an unlawful assembly.

Demonstrators and protesters at the time were advised over loudspeaker that any instances of trespassing on federal property while hosting a weapon would result in suspects being arrested.

Later on in the evening, federal agents could be seen responding to the riotous crowd by using various crowd control methods such as teargas.

It’s unclear, as of this time, how many arrests were enacted during the unlawful assembly on the evening of January 23rd. At least one video has surfaced showing one suspect being detained by law enforcement that evening. 

As mentioned earlier, anti-ICE protests had been transpiring for some time within Portland, with anti-ICE sentiments being expressed on protests and unlawful assemblies that occurred as recently as Inauguration Day of 2021. 

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We at Law Enforcement Today recently reported on some of the Inauguration Day protests/riots that transpired in Portland – as well as Seattle. 

Here’s that previous report. 

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According to reports, groups of far-left rioters engaged in various acts of vandalism and other alleged criminal offenses in both Seattle, Washington and in Portland, Oregon following the inauguration of President Joe Biden.

Among these groups of rioters were individuals adorning what’s typically referred to as Antifa black bloc.

With regard to the events that transpired in Seattle, Washington, there are reports of at least three people who were arrested during the unrest.

According to Seattle police, one individual had been arrested for property damage, another arrested for assault, and another individual arrested for an alleged burglary and property damage with respect to a Starbucks storefront within the city.

Images of the property damage that occurred in Seattle were shared by the Seattle Police Department on Twitter.

Among the images displayed are what appeared to be an Amazon Go storefront having been defaced with spray paint and also shattered windows among the William Kenzo Nakamura courthouse.

The protests which hosted the criminal acts started at around 4:30 p.m. on January 20th in Seattle, which started out initially as a hodgepodge of individuals having congregated at a park before they started to march throughout the streets of downtown Seattle.

Individuals among the group that were marching had been seen carrying signs that hosted such popular far-left slogans like “Abolish ICE”, while other signage present during the protest bore messages generally denigrating both law enforcement and the newly elected President Biden.  

Local reporting of the riotous demonstration that transpired in Seattle alleged that some within the group of protesters were hurling objects at vehicles and engaging in targeted harassment of people who were not among them protesting.

Videos also surfaced online showcasing an American flag that was draped out in the middle of an intersection that was lit afire by the protesters. However, the fire was reportedly extinguished quickly thereafter.

As mentioned earlier, protests and riotous acts of this brand were not only present in Seattle on January 20th – but also in Portland.

According to Portland Police Sergeant Kevin Allen, a group of roughly 150 people had amassed at Revolution Hall at approximately 2:00 p.m. on January 20th in Portland and then made their way over to the Democratic Party of Oregon headquarters.

This Portland-based protest was coined as the J20 protest – which was essentially billed as a demonstration against President Biden’s inauguration and also expressing disdain toward law enforcement in general.

Apparently, this group of people we’re also trying to support the rights of indigenous people.

Much in line with the typical acts often associated with Antifa inspired protests and riots, the Portland demonstration saw the likes of smashed windows, buildings being vandalized by way of graffiti, and also hostile interactions with police officers who were attempting to maintain order.

Despite a new administration coming into the White House that are compliments of the Democratic Party, it appears those among the far-left are still not satisfied – and are up to the same sort of antics akin to the summer riots of 2020.

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