Family of Austin Black Lives Matter protester sues admitted shooter, his employer Uber

Two years ago, an Uber driver shot and killed a Black Lives Matter protester who approached him while holding a rifle. Now, the protester’s family is suing the driver — whose murder charge is still pending — and Uber.

Daniel Perry, 35, was indicted in the death of Garrett Foster, 28. Austin police determined that the shooting was a justifiable homicide, but a grand jury decided that probable cause existed to charge Perry with murder.

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

Uber prohibits drivers and their riders from carrying guns of any kind while using the app, "to the extent permitted by applicable law," according to the company's website. Uber declined to answer questions about whether Texas laws affect this policy.

"Uber certainly did not enforce the policy in Perry’s case. ... We believe that Garrett Foster’s death at the hands of Uber driver Daniel Perry was predictable, obvious and preventable," said Quentin Brogdon, Sheila Foster's attorney.

Brogdon added he hopes the lawsuit will "force Uber to institute basic, common-sense corrective measures to ensure that its drivers truly pose no safety threat to Uber’s passengers and to the public at large."

Uber said in a statement that "this incident is not related to the Uber platform" and did not release further information.

Perry's attorney, Clint Broden, said he will not be representing Perry in the civil case, but he added that Foster's family was "trying to take advantage of Garrett Foster's actions that night."

Perry is an active-duty sergeant in the U.S. Army, and Foster was a U.S. Air Force veteran. Foster worked as a flight mechanic until he was 19, then left to become his girlfriend's full-time caretaker in Austin, his family said. Foster was honorably discharged, according to his military paperwork.

His girlfriend, Whitney Mitchell, uses a wheelchair, and she and Garrett Foster were attending the protest together when Perry shot him.

The encounter happened July 25, 2020, when Perry turned onto Congress Avenue and drove through a crowd of protesters, according to people at the scene. He did not hit anyone, but protesters said they were alarmed by the action.

Several protesters then approached Perry's car and began to bang on it, Broden has said.

"An individual carrying an assault rifle, now known to be Garrett Foster, quickly approached the car and then motioned with the assault rifle for Mr. Perry to lower his window," according to a July 2020 statement from Broden. "Sgt. Perry initially believed the person was associated with law enforcement and complied with the command.

After rolling down the window, it became apparent to Sgt. Perry that the individual with the assault rifle was not with law enforcement."

Perry told investigators Foster raised his weapon at him and that's when Perry fired; some witnesses have said Foster pointed his rifle at the ground, citing partially obscured photos from the scene.

It is legal in Texas to openly carry a rifle. In most circumstances, it is only legal for an armed person to point a gun at someone in self-defense or to defend another person.

Perry drove away after he shot Foster, and he then called the police. Officers released Perry after questioning him.

Sheila Foster said she is still grieving the loss of her son.

"It’s my hope that my son’s story will now be told by the media," she said Thursday in a statement. "He stayed with, and cared for Whitney Mitchell, his quadruple amputee fiancée, for 10 years after she lost all four of her limbs. He was a veteran of the U.S. Air Force, and he believed passionately in the U.S. Constitution and protecting our freedoms and our rights, including the right to free speech and the right to bear arms.”

This article originally appeared on Austin American-Statesman: Family of Austin protester Garrett Foster sues Daniel Perry, Uber