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Informative Interview on Police Shortage

4,056 Views | 42 Replies | Last: 1 yr ago by Keeper of The Spirits
Rongagin71
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Lots of shocking facts listed, so bad that the state has to help the city.

https://www.msn.com/en-us/video/news/texas-dps-forced-to-step-in-after-defund-movement-ravages-austin-police-force/vi-AA19eMn9?ocid=msedgdhp&t=79
The Fall Guy
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So bad that you get charged for murder when a gun is pointed at you and you fire in self defense. The FAFO the protestor was killed because if you have a gun and point it at someone there is a chance the other guy will fire back. Common sense gun training .
Rongagin71
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The lead investigator testified for the defense so I thought Perry would get at least one not guilty from the Travis County Jury but apparently Perry's earlier comments on social media (Facebook?) set him up for guilty.
There is some pressure on the Governor to do a pardon.
210
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The Fall Guy said:

So bad that you get charged for murder when a gun is pointed at you and you fire in self defense. The FAFO the protestor was killed because if you have a gun and point it at someone there is a chance the other guy will fire back. Common sense gun training .
Well he admitted it wasn't pointed at him.

Correct me if I'm wrong as I haven't followed this super closely.

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him? Seems like this dude should be in jail which is what the jury thought as well. Don't understand the rule of law if he just gets pardoned, which Abbot can't even legally do.

Ag_EE_88
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210 said:

The Fall Guy said:

So bad that you get charged for murder when a gun is pointed at you and you fire in self defense. The FAFO the protestor was killed because if you have a gun and point it at someone there is a chance the other guy will fire back. Common sense gun training .
Well he admitted it wasn't pointed at him.

Correct me if I'm wrong as I haven't followed this super closely.

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him? Seems like this dude should be in jail which is what the jury thought as well. Don't understand the rule of law if he just gets pardoned, which Abbot can't even legally do.




Have you ever fired a gun? Pointed at you and aimed at you are not the same.
KT 90
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Quote:

Don't understand the rule of law if he just gets pardoned, which Abbot can't even legally do.

The Board of Pardon's and Parole has has to first recommend the pardon, then Abbott can issue a pardon. Abbott can't just issue a pardon on his own. That's my understanding anyway. So Abbott can certainly pardon him legally, it just has to work it's way through the process first.

It'll definitely be interesting to follow. There are pics online of the guy pointing his gun at Perry. Then supposedly the lead detective had additional evidence which Garza refused to provide/consider as evidence in the case, and apparently this would have been beneficial to Perry's case.

Seems like there should be an appeal first to have the case retried? Then go through the whole pardon process if need be. But I definitely don't know the details on all this. I guess in the appeal situation, he'd have to stay in jail throughout that process, vs. going straight to the Board of Pardon's and Parole. Maybe that is like another trail with the evidence presented again. No idea.
Rongagin71
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Charges should never have been filed as it was a clear case of self def. - Perry's delivery vehicle was surrounded and being kicked, more than one rioter was armed and waving their weapons, the particular guy that Perry had to shoot had a loaded gun and was approaching pointing it at a time and place (in the street) that he had no legal business being...no different than a hold up by a gang.
Perry's earlier speculations about what he might do if attacked by a BLM mob blocking the street should not have been allowed as evidence... he was a driver, naturally he speculated since rioting was common at the time.
The Lead Investigator says the DA was biased against Perry and coached witnesses.
Hope the Gov can issue a pardon soon, but Perry's military career is ruined.
210
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Ag_EE_88 said:

210 said:

The Fall Guy said:

So bad that you get charged for murder when a gun is pointed at you and you fire in self defense. The FAFO the protestor was killed because if you have a gun and point it at someone there is a chance the other guy will fire back. Common sense gun training .
Well he admitted it wasn't pointed at him.

Correct me if I'm wrong as I haven't followed this super closely.

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him? Seems like this dude should be in jail which is what the jury thought as well. Don't understand the rule of law if he just gets pardoned, which Abbot can't even legally do.




Have you ever fired a gun? Pointed at you and aimed at you are not the same.
Yep, I am a gun owner. Don't like the governor trying to overturn verdicts. We have the rule of law or we don't.
BQ78
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We don't, in case you've not been paying attention for the last 8 years or so
Apache
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Quote:

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him?

I haven't followed this closely either.... is this all accurate?
I thought it was an open & shut case of self defense, but this definitely changes that narrative.
KT 90
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Apache said:

Quote:

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him?

I haven't followed this closely either.... is this all accurate?
I thought it was an open & shut case of self defense, but this definitely changes that narrative.

I'll go with "kinda" accurate.

... when a guy walked towards him... with a loaded AK-47 and points it at Perry. Perry then ultimately shot Foster.
210
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Apache said:

Quote:

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him?

I haven't followed this closely either.... is this all accurate?
I thought it was an open & shut case of self defense, but this definitely changes that narrative.
This outlines some of his comments if you're interested:

https://cbsaustin.com/news/local/a-look-at-the-social-media-timeline-presented-in-the-daniel-perry-case
KT 90
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KT 90 said:

Quote:

Don't understand the rule of law if he just gets pardoned, which Abbot can't even legally do.

The Board of Pardon's and Parole has has to first recommend the pardon, then Abbott can issue a pardon. Abbott can't just issue a pardon on his own. That's my understanding anyway. So Abbott can certainly pardon him legally, it just has to work it's way through the process first.

It'll definitely be interesting to follow. There are pics online of the guy pointing his gun at Perry. Then supposedly the lead detective had additional evidence which Garza refused to provide/consider as evidence in the case, and apparently this would have been beneficial to Perry's case.

Seems like there should be an appeal first to have the case retried? Then go through the whole pardon process if need be. But I definitely don't know the details on all this. I guess in the appeal situation, he'd have to stay in jail throughout that process, vs. going straight to the Board of Pardon's and Parole. Maybe that is like another trail with the evidence presented again. No idea.


Just ran across this, pushing for a new trial rather than an appeal. Maybe the appeal is an option to purse if the new trial isn't granted.

Then there is the whole Board of Pardon's of Parole. Who knows how that works exactly, but I did see earlier today that Garza (the district attorney) put in a request to appear before this Board (which what I read made it sound like this wasn't standard procedure.... but none of this seems to be standard procedure). Will be fascinating to watch.




Rongagin71
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Lawyers are expensive and will always have a way to appeal.
Pretty sure Perry just wants away from Austin and more debt ASAP.
I don't think Perry is ANY danger to society so I favor a pardon, but this is where people wanting another trial rather than a pardon may have a legit difference of opinion.
txags92
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210 said:

Apache said:

Quote:

He made social media comments about wanting to kill protestors. Then he drove around a barricade to get near them. Then he shot one when a guy walked towards him?

I haven't followed this closely either.... is this all accurate?
I thought it was an open & shut case of self defense, but this definitely changes that narrative.
This outlines some of his comments if you're interested:

https://cbsaustin.com/news/local/a-look-at-the-social-media-timeline-presented-in-the-daniel-perry-case
That article ignores that the PD's lead investigator said none of the witnesses claiming that Foster did not point the AK at Perry were in a position where they could had seen or known whether he pointed the gun at him. The Grand Jury was denied that information from the lead investigator.

I don't think those posts give any indication of intent and they should have been excluded from the trial. This is a guy who drove for Uber and has little control over where his fares want him to drive. He had obviously had issues with protestors blocking traffic before and expressed his feelings about them with some hyperbole to his friends a few times. The same kind of things get said on the Houston board all the time when discussing the Critical Mass bike rides. I also don't think his gun positioning or doing searches about where protests were planned is any indication of intent. If I know I am going to be driving into a potentially unsafe situation, I am going to try to search for info about road closures and if there might be crime in the area, I will make sure I know where my weapon is and make sure I can get to it easily.

Ultimately this case came down to a few points for me. The guy was driving a vehicle on a public road that had not been closed by police or the city. His car was surrounded by people illegally blocking that road who were pounding on his car and threatening him, and ultimately a guy walks up carrying a gun and raises it to high ready to point at him. None of his other postings or thoughts matter in that instant. He is being threatened by a crowd and has a gun pointed at him, and it would be reasonable for him to be in fear for his life and/or safety. Which makes it a good shoot...end of story. The rest is just window dressing. The crowd surrounding him and the guy pointing the gun at him were the ones that precipitated the aggression, not the guy legally driving his vehicle.
Mulberrywildman
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Mic drop!
210
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Can you post some sources for that? Would love to read about it.

Unfortunately it's just conflicting reports between the prosecution and the defense, and the jury didn't buy the defense's argument.

Quote:

On the night of July 25, 2020, Perry, an active duty sergeant at nearby Fort Hood, was working as a rideshare driver to make extra money, his attorney Clint Broden previously said.
He carried a handgun in his car for protection, Broden said.
Perry dropped a passenger off near the rally, which he did not know was taking place, Broden added.
Several people then began beating on Perry's car and a man carrying an assault-style rifle approached the car and motioned with the rifle for Perry to lower his window, according to Broden.
"Foster, the individual with the assault rifle, began to raise the AK-47 toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection, fired on Foster because he believed his life to be in jeopardy," Broden has said.
The prosecution argued Perry initiated the encounter by running a red light to turn into the crowd gathered for the police brutality protest and had previously posted on social media about shooting protesters, according to CNN affiliate KEYE.
Then-Austin Police Chief Brian Manley said officers responded to a 911 call in which the caller stated they had just shot someone who approached their car window and pointed a rifle at them.
One witness to the shooting, James Sasinowski, told CNN at the time that the driver of the car initiated the encounter by accelerating toward the protesters.
"This was intentional. It was aggressive and he accelerated into a crowd of protesters," Sasinowski said. "He could have waited for us to pass or he could have gone slowly. We would have allowed him to go through."
txags92
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210 said:

Can you post some sources for that? Would love to read about it.

Unfortunately it's just conflicting reports between the prosecution and the defense, and the jury didn't buy the defense's argument.

Quote:

On the night of July 25, 2020, Perry, an active duty sergeant at nearby Fort Hood, was working as a rideshare driver to make extra money, his attorney Clint Broden previously said.
He carried a handgun in his car for protection, Broden said.
Perry dropped a passenger off near the rally, which he did not know was taking place, Broden added.
Several people then began beating on Perry's car and a man carrying an assault-style rifle approached the car and motioned with the rifle for Perry to lower his window, according to Broden.
"Foster, the individual with the assault rifle, began to raise the AK-47 toward Sgt. Perry. It was only then that Sgt. Perry, who carried a handgun in his car for his own protection, fired on Foster because he believed his life to be in jeopardy," Broden has said.
The prosecution argued Perry initiated the encounter by running a red light to turn into the crowd gathered for the police brutality protest and had previously posted on social media about shooting protesters, according to CNN affiliate KEYE.
Then-Austin Police Chief Brian Manley said officers responded to a 911 call in which the caller stated they had just shot someone who approached their car window and pointed a rifle at them.
One witness to the shooting, James Sasinowski, told CNN at the time that the driver of the car initiated the encounter by accelerating toward the protesters.
"This was intentional. It was aggressive and he accelerated into a crowd of protesters," Sasinowski said. "He could have waited for us to pass or he could have gone slowly. We would have allowed him to go through."

https://www.kxan.com/news/local/austin-police-detective-accuses-travis-county-da-of-criminal-behavior-in-case-against-sgt-daniel-perry/

The slides with the illustrations that the witnesses claiming the AK was not pointed at Perry could not have seen whether it was or wasn't were part of the 100 slides the DA ordered removed from the presentation to the grand jury. If the Grand Jury had seen the whole presentation, the indictment may have never happened. And this case should not have been tried before a Travis County jury. He was never going to get a fair shake on these charges in Austin.
SteveBott
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Various posters on this thread that Foster pointed the gun at Perry. The problem is Perry said HE DID NOT. The statement is the linked video above. It's right there.

Pointing the gun is the key to this case. You point a gun at someone that is clearly life threatening and a justified shooting. But in the video Perry himself said he pointed it down in a defensive position not at him.
210
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Wild story, thanks for sharing. Didn't see anything referencing where the gun was pointed in that article, just something about an animation on where he was driving. I'm assuming it was presented to the actual jury that convicted him, right?

Here is an article outlining what the defense claims was missing from the first trial if anyone is interested:

https://www.statesman.com/story/news/local/2023/04/11/daniel-perry-austin-shooting-request-new-trial-garrett-foster-murder/70104891007/
txags92
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https://www.statesman.com/story/news/local/2023/03/31/daniel-perry-trial-austin-protester-garrett-foster-officer-testifies-victim-warned-way-carried-rifle/70066884007/

Quote:

A police bodycam video was shown in court Friday of Perry when he spoke to officers right after the shooting.

Perry told the officers in the video that he rolled his window down because he thought "a guy (Foster) was trying to talk to me." He said Foster raised his gun at him.

"I didn't know he was going to aim it at me," Perry said. "I thought he was going to kill me. ... I've never been so scared in my life, and I've been to Afghanistan."


BQ78
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No, no he clearly said he did not point the gun at him and of course the photographic evidence is an illusion.
Rongagin71
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I've been amused many times by dramatic fiction showing two exposed people with guns pointed at each other talking up a gabfest - that may not be impossible to happen, but in real life the first person to draw a bead rarely gives the second person with a gun a chance to aim.
When your life is at stake, you shoot as soon as you think there is danger that the other guy is shooting.
And Texas is a "stand your ground" law state so there is no legal requirement to try to flee.
210
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Some more of his social media posts were revealed today, the jury didn't see these.

https://www.statesman.com/story/news/local/2023/04/13/daniel-perry-trial-social-media-racist-anti-protester-comments-gov-abbott-garrett-foster/70113166007/

Some snippets:
Quote:

"If I were in danger I don't care who is in my way I am pushing them out of my way to escape I will also repeatedly say I am in fear of my life I will defend myself."


On another Facebook post on June 1, 2020, Perry wrote: "now it is my turn to get banned (from Facebook) by comparing the black lives matter movement to a zoo full of monkeys that are freaking out flinging their s--t."

The posts included messages such as "Black Lives Matter is racist to white people...It is official I am racist because I do not agree with people acting like monkeys," Perry wrote.


txags92
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210 said:

Some more of his social media posts were revealed today, the jury didn't see these.

https://www.statesman.com/story/news/local/2023/04/13/daniel-perry-trial-social-media-racist-anti-protester-comments-gov-abbott-garrett-foster/70113166007/

Some snippets:
Quote:

"If I were in danger I don't care who is in my way I am pushing them out of my way to escape I will also repeatedly say I am in fear of my life I will defend myself."


On another Facebook post on June 1, 2020, Perry wrote: "now it is my turn to get banned (from Facebook) by comparing the black lives matter movement to a zoo full of monkeys that are freaking out flinging their s--t."

The posts included messages such as "Black Lives Matter is racist to white people...It is official I am racist because I do not agree with people acting like monkeys," Perry wrote.



What bearing do the ones about race have in a case where a white guy shot another white guy? Just meaningless race baiting in this situation. And newsflash, the BLM movement (the people in the streets, not the ones tweeting the hashtag) was violent and racist against white people in the heat of many of those protests. His first statement is exactly the way I feel. If I feel I am in danger in that situation, I am going to run over people to escape if I have to. Not sure what is controversial about that?
Rongagin71
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Assuming those quotes are true, so what? It's called free speech.
You might say Perry wasn't very smart, but you also might agree with him 100%.
Either way, politics should not take away his right of self defense.
210
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Rongagin71 said:

Assuming those quotes are true, so what? It's called free speech.
You might say Perry wasn't very smart, but you also might agree with him 100%.
Either way, politics should not take away his right of self defense.

And more comes out...

https://www.houstonchronicle.com/politics/texas/article/daniel-perry-messages-violent-racist-posts-17896036.php

Quote:

Daniel Perry, convicted of murder, wrote of wanting to kill protesters, Muslims, Black people, new court docs show


I don't disagree with you, but it is relevant to this thread. Abbot's pardoning comments were purely political, and it will be interesting to see if he walks them back now.
Rongagin71
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210 said:

Rongagin71 said:

Assuming those quotes are true, so what? It's called free speech.
You might say Perry wasn't very smart, but you also might agree with him 100%.
Either way, politics should not take away his right of self defense.

And more comes out...

https://www.houstonchronicle.com/politics/texas/article/daniel-perry-messages-violent-racist-posts-17896036.php

Quote:

Daniel Perry, convicted of murder, wrote of wanting to kill protesters, Muslims, Black people, new court docs show


I don't disagree with you, but it is relevant to this thread. Abbot's pardoning comments were purely political, and it will be interesting to see if he walks them back now.
I tried to read your Chronicle posting but the newspaper kept interrupting with a popup.
I will venture that if BLM rioters had posted online that they wanted to burn down America and kill their "oppressors" I would still have afforded them the right of self-defense.
They were the ones in the street, breaking the law, and threatening with guns - they were also the ones who were coached by the DA. Also don't forget that the Lead Investigator testified for the Defense.
Abbott is of course a political animal but he is reacting to very real grass root pressure to free Perry.
210
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All fair points, I just don't think we're going to agree on this.

I look at it as:

  • Posted numerous comments and messages about wanting to kill protestors
  • Witnesses claimed he was the aggressor
  • Witnesses claimed Foster did not aim his gun at him
  • Perry admitted in the video above that the gun was not pointed at him
  • Guy lives in Killeen but was in Austin (could have just been a coincidence)

I look at this and just see a guy that was looking for trouble and found it. If this is self-defense then it seems like anyone can legally shoot someone that is open carrying and claim they were scared for their life.

If he is legally allowed to appeal or get a second trial, I'm all for it. I just don't want Abbot interfering in our judicial process to win points with his base.
BQ78
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What do you think of the Foster videos about why he was bringing a gun to the protest, do you think he was looking for trouble too?

Does the fact that on a previous protest day, another motorist felt threatened enough by him to pull a gun also?

Do you think any of that matters too?
210
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Absolutely, Foster is by no means innocent in all of this but he wound up dead. He also had some crazy social media posts. I have no sympathy for either of these guys. If you are open carrying an AK-47 downtown then something is wrong with you.
txags92
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210 said:

All fair points, I just don't think we're going to agree on this.

I look at it as:

  • Posted numerous comments and messages about wanting to kill protestors
  • Witnesses claimed he was the aggressor
  • Witnesses claimed Foster did not aim his gun at him
  • Perry admitted in the video above that the gun was not pointed at him
  • Guy lives in Killeen but was in Austin (could have just been a coincidence)

I look at this and just see a guy that was looking for trouble and found it. If this is self-defense then it seems like anyone can legally shoot someone that is open carrying and claim they were scared for their life.

If he is legally allowed to appeal or get a second trial, I'm all for it. I just don't want Abbot interfering in our judicial process to win points with his base.
I am fine with your questions about it. We disagree on whether the video is Perry saying Foster didn't point the gun in his direction. It is a subtle fine point, but you can point a gun in somebody's direction with intent, but not be "aiming at them". That difference is a second or two at most and is consistent with Perry's statements that he drew and shot because he didn't want to give him a chance to "aim" the gun at him. If Perry waited for Foster to actually aim the gun at him before drawing his own weapon, it is likely he would have been shot before he could complete the move. In that case, I think Foster could have made a semi-credible case of self defense as well.

The pictures and videos from the scene clearly show Foster bringing the rifle to high ready position, where he is able to aim and shoot within a second or two. Police had warned him about how he was carrying his weapon and that people would feel threatened with him carrying it that way. Regardless of everything else that happened prior to that, Perry was doing something legal (driving on a street), foster and company were doing something illegal (trying to block that street), and when the two met, Foster raised his rifle first. In that situation, I don't ever want anyone to have to second guess everything they might have posted online in the past before deciding to protect themselves. The situation in that moment should be what decides whether it was self defense or not.
Potcake
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Both of these dudes won stupid prizes. Abbott needs to butt out.
Definitely Not A Cop
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Perry posting ****ty things online does not in anyway prove beyond a shadow of a doubt that he was planning to murder a white person illegally blocking the street with a gun on him. It's not his job to defend his innocence, it's the prosecution's job to prove beyond a shadow of a doubt that he's guilty. They have not, and the police department agrees with that.

It's pointless lawfare aimed to protect the wolves in our society under the guise of victimhood.
Potcake
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Did you forget a jury of his peers found him guilty?
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