TX: one dead at shooting during police protest in downtown Austin tonight

[srothstein]

The closest I have seen so far is that KXAN has a reporter (?) tweeting of it live throughout the day. Based on his tweets, I do not think he is a big fan of the sergeant.

[AF-Odin]

Absolutely nothing on TV news or local newspaper since the original newspaper article from last week saying that jury selection would begin on 27 March. I would really think that since we are in the local Fort Hood area that local media would have some daily updates, but no, total silence.

[philip964]

https://www.statesman.com/story/news/lo ... 066884007/

Sounds like the police are not helping the DA in this case.

[philip964]

https://www.statesman.com/story/news/lo ... 090982007/

Active military making extra money as an Uber driver who had an AK pointed at him by a protestor at a night time police protest after he was trapped by a mob found guilty of murder by an Austin jury.

April 8, 2023

https://www.austinchronicle.com/news/20 ... ew-people/

Said unhelpful things on line. May have convicted himself with social media.

[tomneal]

Pardon?:
https://www.zerohedge.com/political/wil ... e-shooting

[03Lightningrocks]

Pardon?:
https://www.zerohedge.com/political/wil ... e-shooting

This whole case is bull !!! A whacked out radical comes at him with an "ASSAULT RIFLE" and he defends himself. Any other time they would be screeching about how the guy with an "ASSAULT RIFLE" was a threat to the entire community. But this time, because it is some leftist radical, they want to ignore the fact that he had an "ASSAULT RIFLE"??? Give me a break!!! I am out of patience with this garbage!!! It is just like that crazed mental case who thought she was a guy in Tn. They all want to downplay it when it is a leftist scum. NOT HERE IN TEXAS PEOPLE!!! We cannot sit by and allow this crap.

[rtschl]

Gov. Abbott has issued the following statement and an attorney on Twitter, Marina Medvin shows affidavit that a police officer claims DA tampered with him as a witness and believe the Soros DA's have acted criminally.

[powerboatr]

if soros acted criminally....then arrest his old butt and take him to task or trial and be done with this horses dairy aire

[Paladin]

if soros acted criminally....then arrest his old butt and take him to task or trial and be done with this horses dairy aire

Agreed. Soros DA should be the one in jail.

[Paladin]

I haven't followed the trial closely but its hard to imagine that the jury would have convicted if they had seen this:

[srothstein]

If you call or contact the pardons and parole board, ask them to make the pardon on the grounds of actual innocence. Those words in the pardon will allow his record to be expunged and will let him file a claim against the state for compensation for his illegal incarceration.

TBH, I think his military career is over now no matter what happens. That is a loss to the Army.

[Paladin]

If you call or contact the pardons and parole board, ask them to make the pardon on the grounds of actual innocence. Those words in the pardon will allow his record to be expunged and will let him file a claim against the state for compensation for his illegal incarceration.

TBH, I think his military career is over now no matter what happens. That is a loss to the Army.

Their number: 512-406-5452

[rtschl]

Andrew Branca, who wrote the Law of Self Defense, wrote article below and he thinks the conviction was legally sound. I have to admit, his analysis from a legal perspective challenged my views on this case. Perry really hurt himself with his social media posts prior to the incident and that was used against him.

Some lessons everyone should take away from this case no matter what:
* Don't post stupid, idiotic stuff that can and WILL be used against you. That includes this forum or other friendly places
* Don't go looking for a fight
* Especially don't post that you're looking for a fight, even in jest or in frustration of current events
* Always try to deescalate and avoid a fight if you can

Perry may very well have just been venting online and there is no question that Antifa/BLM rioters were and still are dangers to society. I'm willing to give him and anyone the benefit of doubt on that due to the fact cities were being burned down and authorities were standing down police all across the US. But it looks like his own posts came back to bite him. Since he was the only witness to claim Foster pointed the rifle at him, the jury never heard it, because he never testified. That is his right, but that may have hurt him too.

Branca wrote the following near the end of the article:
First, on an emotional level this was not a particularly easy analysis for me to write. I’ve shot guns since childhood, I’ve carried a gun for personal protection essentially every day of my adult life, I’m an NRA Life-Benefactor member, I’m a decades-long NRA Certified Instructor in pistol, rifle, and personal protection, I’m on the political Right, and I believe George Soros and the prosecutors he funds to be political enemies of my nation.

But a proper legal analysis must be done rationally, independent of emotion and political or other biases. The evidence and the law must guide us in our analysis. Sometimes the destination we arrive at will be unpleasant. That does not make it legally unsound, however, and forcing a legal conclusion to satisfy emotional and political desires is simply not sound legal analysis.

https://legalinsurrection.com/2023/04/d ... lly-sound/

[Paladin]

Andrew Branca, who wrote the Law of Self Defense, wrote article below and he thinks the conviction was legally sound. I have to admit, his analysis from a legal perspective challenged my views on this case. Perry really hurt himself with his social media posts prior to the incident and that was used against him.

Some lessons everyone should take away from this case no matter what:
* Don't post stupid, idiotic stuff that can and WILL be used against you. That includes this forum or other friendly places
* Don't go looking for a fight
* Especially don't post that you're looking for a fight, even in jest or in frustration of current events
* Always try to deescalate and avoid a fight if you can

Perry may very well have just been venting online and there is no question that Antifa/BLM rioters were and still are dangers to society. I'm willing to give him and anyone the benefit of doubt on that due to the fact cities were being burned down and authorities were standing down police all across the US. But it looks like his own posts came back to bite him. Since he was the only witness to claim Foster pointed the rifle at him, the jury never heard it, because he never testified. That is his right, but that may have hurt him too.

Branca wrote the following near the end of the article:
First, on an emotional level this was not a particularly easy analysis for me to write. I’ve shot guns since childhood, I’ve carried a gun for personal protection essentially every day of my adult life, I’m an NRA Life-Benefactor member, I’m a decades-long NRA Certified Instructor in pistol, rifle, and personal protection, I’m on the political Right, and I believe George Soros and the prosecutors he funds to be political enemies of my nation.

But a proper legal analysis must be done rationally, independent of emotion and political or other biases. The evidence and the law must guide us in our analysis. Sometimes the destination we arrive at will be unpleasant. That does not make it legally unsound, however, and forcing a legal conclusion to satisfy emotional and political desires is simply not sound legal analysis.

https://legalinsurrection.com/2023/04/d ... lly-sound/

Thanks for posting that! I was wondering what Branca's analysis would be. There is no doubt that Perry's social media posts and not testifying on his own behalf hurt him... but 100 pages of suppressed exculpatory evidence and speaking to law enforcement without a lawyer also hurt him.

I'm no lawyer, but I believe the trial/Branca's argument is quite poor:

If the jury concluded that Foster had not, in fact, pointed his rifle at Perry, then it must also conclude that it was Perry who was the initial deadly force aggressor in this confrontation when he shot Foster—and, as the initial deadly force aggressor Perry cannot justify his use of force as self-defense.

I have never heard of having to wait until a firearm is actually pointed at you to be a firm requirement of self-defense. Try some force-on-force. I doubt there would be many survivors of such a real world defense strategy as to wait until the firearm is actually pointed at you before you can react.

[rtschl]

If the jury concluded that Foster had not, in fact, pointed his rifle at Perry, then it must also conclude that it was Perry who was the initial deadly force aggressor in this confrontation when he shot Foster—and, as the initial deadly force aggressor Perry cannot justify his use of force as self-defense.

I have never heard of having to wait until a firearm is actually pointed at you to be a firm requirement of self-defense. Try some force-on-force. I doubt there would be many survivors of such a real world defense strategy as to wait until the firearm is actually pointed at you before you can react.

If I understand his argument, it is that seeing a firearm, especially in an open carry state, cannot in and of itself be enough to cause alarm. The picture he circled and red lines the angle of the barrel does appear that the rifle is in the low ready, which is not a threatening manner.

One other point Branca made about trying to analyze the case - it wasn't televised. So he can only go by what is reported and what information is publicly available. So that made his review more difficult.

But a crowd of rioters and protesters illegally encircling the car and impeding him, along with Foster and his rifle, may have been perceived by Perry as a threat. Foster may have pointed the rifle at him. There just isn't any evidence to corroborate it.

For me, I'm not alarmed or concerned when I generally see someone open carrying - handgun or rifle. But if I see Antifa with their black bloc and masked person(s) openly carrying - my alert and safety concerns are highly elevated. As a group, they repeatedly call for and enact violence, assaults, deadly assaults, fire bombing etc.

IMHO, Antifa legally fits the definition of a street gang, and Texas should declare Antifa as members of a gang and then they would be prohibited carriers.