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Shooting at Austin protest tonight, 1 dead


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28 minutes ago, ChickenSandwich said:

He has the rifle fully engaged and pointing at the driver (low ready position).

no he does not, he's clearly pointing it at the ground with the butt of his gun by his ear. for a guy who has been frequently characterized as "spoilin for a fight" it's interesting that Foster is not the one who fired his weapon but, according to that witness, was just telling Perry to cool it with his car. Perry is the one who opened up on him after aggressively threatening multiple protesters with his vehicle and then blaring his horn at them. you should remember that BLM protesters have been run over and threatened by motorists on multiple occasions, including during protests in Austin, so it's understandable that they would bang on the back of his car in response to his actions. 

Perry  ran the red light when it had been red for at least four seconds, he never even stopped for that right turn and he could see that the intersection was full of people. he accelerated at them, braked, and laid on his horn because his intent was a confrontation. try that shit on a Saturday night on Dirty Sixth and see what happens.

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Here is a good video of the intersection from the car on Congress facing East. There is a car also facing west on Congress and two facing north and south on the cross street in addition to the Uber that appears later in frame.  
 

The light turns green and 4 seconds pass, but so do the people walking across that street you see the Uber driver go right on red. 

Driver is immediately stopped. Some dude from behind the dash came blows by full sprint as the car is surrounded.  Dude is moving. 
 

Gourmand is correct. A jury should decide. 

Edited by ChickenSandwich
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2 hours ago, JohnnyRage said:

Charge him with something more reasonable than murder, and let him battle out a civil case as well.

Why wouldn't he be charged with murder?

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

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11 hours ago, Homesickhorn said:

Foster shouldn’t have been walking around with a tactically modified AK-47 in Downtown Austin. I’m not saying he deserved to die, but anyone walking around in a potentially hostile environment, at night, with a loaded tactical long rifle is a fucking idiot.

Civilians that carry around assault rifles in public are unbridled cretins.   Black, white. Big, small. Republican, Democrat.  Doesn’t matter.  Buffoonery doesn’t discriminate when it comes to machismo-driven idiotic dumbfucks who carry around these ARs or AKs in public, either in a car or especially walking around in plain sight.    They're a bomb waiting to go off, one way or the other, and it's a travesty that people are allowed to do that - has been and always will be.   

 
Great, you're a badass with this wicked weapon and anyone crossing you is going to regret the day they did.   Not so much.  You ended up on a cold slab and another may be heading to the cage.   Well done.
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6 hours ago, Gourmand said:

Why wouldn't he be charged with murder?

(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

So literally the next sentence...

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

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So literally the next sentence...
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
Right, but I'll ask again.... Why wouldn't they charge him with murder? His actions and the circumstances fit the statute. This case hinges on intent. He's either a murderer who (as I believe) used his car to provoke a confrontation with protesters he openly disdained and opened fire on one of them with the intent to cause serious bodily injury or he acted reasonably in self defense.

There's no middle ground here.





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lolol this is as bad and incorrect a take as all you DTers who insisted that he never ran the red light when we have two different videos that prove definitively otherwise.
the picture here clearly shows Fosters gun pointed at the ground. the butt of his rifle is up high covering his right ear, and the barrel of the gun is right there in front of his left forearm pointed almost straight down - just off that girl's chin.
31251196-8573297-A_newly_surfaced_photograph_shows_Garrett_Foster_at_the_driver_s-a-31_1596216266271_LI.jpg.491b8c6225b62d3ffd3e83a543e400c4.jpg

I don’t really know what’s going on here but if anyone walks up to my car with an AK or an AR in a threatening posture (and that’s what that pic is) then lead is going to fly. Period. End of story.

I’m not some bad ass either. But you do not walk up on another man with a loaded gun at the ready and expect nothing to happen.
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21 minutes ago, Gourmand said:

He's either a murderer who (as I believe) used his car to provoke a confrontation with protesters he openly disdained and opened fire on one of them with the intent to cause serious bodily injury 

He was working as an Uber driver that night apparently. Ridiculous that he is being charged with anything.  There is zero chance he gets convicted.

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9 minutes ago, cabowabo said:
He was working as an Uber driver that night apparently. Ridiculous that he is being charged with anything.  There is zero chance he gets convicted.

 


When did "working as an Uber driver" become an affirmative defense?

He was alone in his car when this happened and had dropped off his last ride in the area. Completely irrelevant to his criminal conduct.


 

 

Edited by Gourmand
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@Gourmand because premeditation and intent are extremely difficult to prove. All you need is one juror that believes the defense or thinks that the protester got what he deserved.

Easy defense - He had a legal right to be in the area in his vehicle, he had a legal right to have a loaded firearm in his vehicle, he ran the red light because in fear for his safety he wanted to leave the area, he made a logistical mistake with the direction he chose to escape, his vehicle was surrounded and attacked by an angry mob, a non L.E.O. approaches his immediate space with an ‘assault’ rifle, he was in fear of his life, he had a legal right to defend himself under the extension of the Texas Castle Doctrine. 

Edited by JohnnyRage
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That intersection is full. 4 cars. One in each direction.  A cab/Uber driver makes a right on red without coming to a complete stop. The road was not closed. Multiple other vehicles were using it also as intended. Hard to assess intent unless he was lying about working at the time. 
 

His previous tweets hold as much value as Garret giving an interview shortly before his death and when asked why he brought his rifle said because pussies who disagree with us. 

Edited by ChickenSandwich
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4 minutes ago, JohnnyRage said:

because premeditation and intent are extremely difficult to prove. All you need is one juror that believes the defense or thinks that the protester got what he deserved.

then prove it. let the jury decide and if they can't agree on murder, they will be able to consider lesser included offenses. 

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11 minutes ago, Gourmand said:

 


When did "working as an Uber driver" become an affirmative defense?

He was alone in his car when this happened and had dropped off his last ride in the area. Completely irrelevant to his criminal conduct.


 

 

You implied he went to that area on purpose to create a confrontation so he could murder someone.  Not the case.

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3 minutes ago, Steel Shank said:

In the pic, I wonder why he has the butt of the rifle raised up near the right side of his head. Is that a normal, relaxed, non-threatening position?

Probably so that he doesn’t accidentally shoot someone, and then when he pivots the gun it is up high and ready to fire.

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9 minutes ago, cabowabo said:

You implied he went to that area on purpose to create a confrontation so he could murder someone.  Not the case.

No, you inferred that. Perry was already in Austin to make some gig money, he was in the area because he was driving for Uber. That is well established and not in dispute, nor is it disputable that he'd already dropped off his last ride somewhere in the vicinity.

However, his driving around the area meant that would have  been aware of that protest going on as it was easily visible from adjacent streets. I believe and the evidence suggests that he was probably pissed off about them being in the area interrupting traffic flow an his public postings that he was already predisposed to hate BLM. I am absolutely convinced by his actions with his car, his horn, his gun and his social media postings that Daniel Perry is just another in a long line of right-wingers who are prone to political violence. This was not an act of self defense, this was a politically motivated act that resulted in the shooting of a protester who was legally (but unwisely) exercising this state's idiotic open carry freedoms. 

I'm sure this will trigger most of you in this forum, but idgaf because my initial instincts were more correct than not since the story first came out. Go back and read my earlier posts. Many of you were convinced the driver didn't run a red light, that he just found himself in trapped, that the bullets had to be from an assault rifle etc. I won't be surprised if we find out that Foster didn't even have his safety off or any bullets chambered. He was foolish to open carry and if I'd been near him during one of those protests I would have expressed my displeasure and anti-gun opinion to him, but he was lawfully carrying that weapon and did not raise it at Perry. He was a sitting duck for a dude itching to shoot center of mass. 

I'm fed up with right-winger political violence and am glad that this mfer is facing the maximum possible charges and I hope he's put through the ringer defending himself. Let a jury decide.

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21 minutes ago, Gourmand said:

 

 

No, you inferred that. Perry was already in Austin to make some gig money, he was in the area because he was driving for Uber. That is well established and not in dispute, nor is it disputable that he'd already dropped off his last ride somewhere in the vicinity.

However, his driving around the area meant that would have  been aware of that protest going on as it was easily visible from adjacent streets. I believe and the evidence suggests that he was probably pissed off about them being in the area interrupting traffic flow an his public postings that he was already predisposed to hate BLM. I am absolutely convinced by his actions with his car, his horn, his gun and his social media postings that Daniel Perry is just another in a long line of right-wingers who are prone to political violence. This was not an act of self defense, this was a politically motivated act that resulted in the shooting of a protester who was legally (but unwisely) exercising this state's idiotic open carry freedoms. 

I'm sure this will trigger most of you in this forum, but idgaf because my initial instincts were more correct than not since the story first came out. Go back and read my earlier posts. Many of you were convinced the driver didn't run a red light, that he just found himself in trapped, that the bullets had to be from an assault rifle etc. I won't be surprised if we find out that Foster didn't even have his safety off or any bullets chambered. He was foolish to open carry and if I'd been near him during one of those protests I would have expressed my displeasure and anti-gun opinion to him, but he was lawfully carrying that weapon and did not raise it at Perry. He was a sitting duck for a dude itching to shoot center of mass. 

I'm fed up with right-winger political violence and am glad that this mfer is facing the maximum possible charges and I hope he's put through the ringer defending himself. Let a jury decide.

Yes, we're all very impressed with how smart and insightful you think you are.

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Civilians that carry around assault rifles in public are unbridled cretins.   Black, white. Big, small. Republican, Democrat.  Doesn’t matter.  Buffoonery doesn’t discriminate when it comes to machismo-driven idiotic dumbfucks who carry around these ARs or AKs in public, either in a car or especially walking around in plain sight.    They're a bomb waiting to go off, one way or the other, and it's a travesty that people are allowed to do that - has been and always will be.   
  Great, you're a badass with this wicked weapon and anyone crossing you is going to regret the day they did.   Not so much.  You ended up on a cold slab and another may be heading to the cage.   Well done.

This. When everyone is trotting around with a gun, the odds of a gunfight go way up.

I find ironic that the same crowd that shout about “the right to carry, carrying around a gun everywhere you go is a sacred right, deal with it!” is also the crowd saying that if someone carrying a gun approaches you, and you have ANY basis to fear him, you can shoot him dead.

Which is one of the big concerns that many of us have long had: I see a guy with a slung AR at low ready, I don’t know if he’s a threat or not until he lifts and fires in 1/10th of a second? I have to wait till then to defend myself? What’s the standard? Is it now “if someone approaches me with a firearm in ANY tense situation, I can shoot in self defense?” Some clarity and consistency would be nice.
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Is this position threatening? This is the same position he was holding it in the picture next to the vehicle, and there are many other photos like this one as well that show him open carrying in the same manner. 

If someone approaches your vehicle like this you can just open fire on them no questions asked? 

pols_feature1-5.jpg

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5 hours ago, Wally Pryor said:

Civilians that carry around assault rifles in public are unbridled cretins.   Black, white. Big, small. Republican, Democrat.  Doesn’t matter.  Buffoonery doesn’t discriminate when it comes to machismo-driven idiotic dumbfucks who carry around these ARs or AKs in public, either in a car or especially walking around in plain sight.    They're a bomb waiting to go off, one way or the other, and it's a travesty that people are allowed to do that - has been and always will be.   

 
Great, you're a badass with this wicked weapon and anyone crossing you is going to regret the day they did.   Not so much.  You ended up on a cold slab and another may be heading to the cage.   Well done.

agree with all this.

2 hours ago, Handcruser said:


I don’t really know what’s going on here but if anyone walks up to my car with an AK or an AR in a threatening posture (and that’s what that pic is) then lead is going to fly. Period. End of story.

I’m not some bad ass either. But you do not walk up on another man with a loaded gun at the ready and expect nothing to happen.

Agree with this, too, and I feel the same way about these 2A weirdos parading around with ARs like it's a fashion accesory. It's like my dad (EDC Glock 23) said about those idiots at the Chipotle a while back - anybody walks into a restaurant with a rifle in a ready position will get dropped the moment they cross the threshold. 

Edited by Bozo_Casanova
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36 minutes ago, Gourmand said:

Is this position threatening? This is the same position he was holding it in the picture next to the vehicle, and there are many other photos like this one as well that show him open carrying in the same manner. 

If someone approaches your vehicle like this you can just open fire on them no questions asked? 

pols_feature1-5.jpg

you might be unaware of this, but this photo shows that he had his gun raised in the other photo above in a firing position. look at the trigger finger elbow. we are done here.

Edited by riloh05
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Agree with this, too, and I feel the same way about these 2A weirdos parading around with ARs like it's a fashion accesory. It's like my dad (EDC Glock 23) said about those idiots at the Chipotle a while back - anybody walks into a restaurant with a rifle in a ready position will get dropped the moment they cross the threshold. 

Yep. I’m not worried about someone with a gun on their hip. Just not.

My alarm does go off when I see someone with an AR slung over their shoulder because “that’s not typical” to see everyday. And there is zero reason for him/her/it to raise that AR into any position outside of it resting against his/her/its body. When that happens…..get ready.
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2 hours ago, Gourmand said:

 

 

No, you inferred that. Perry was already in Austin to make some gig money, he was in the area because he was driving for Uber. That is well established and not in dispute, nor is it disputable that he'd already dropped off his last ride somewhere in the vicinity.

However, his driving around the area meant that would have  been aware of that protest going on as it was easily visible from adjacent streets. I believe and the evidence suggests that he was probably pissed off about them being in the area interrupting traffic flow an his public postings that he was already predisposed to hate BLM. I am absolutely convinced by his actions with his car, his horn, his gun and his social media postings that Daniel Perry is just another in a long line of right-wingers who are prone to political violence. This was not an act of self defense, this was a politically motivated act that resulted in the shooting of a protester who was legally (but unwisely) exercising this state's idiotic open carry freedoms. 

 

There were at least 4 other cars visible sitting at that intersection/light on Congress.  Should they too have been aware of a non sanctioned protest, with no police presence or road closure signs?  With people randomly walking from the side walk, some using the cross walk, some walking diagonal across the intersection, and some in between cars?  Were they there to fuck around, or caught in a random unorganized protest?  A cab/uber driver rolling a red light and going right on red is not the call to violence(IMO) you are making it out to be. 

Anyone driving for a living would be "pissed off" if people are illegally blocking the streets, it's his livelihood (hell, even those not driving for a living feel that way). 

His tweets vs GF's interview?  Is either admissible?

 

Anyone open carrying a long gun is a moron.

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10 minutes ago, ChickenSandwich said:

There were at least 4 other cars visible sitting at that intersection/light on Congress.  Should they too have been aware of a non sanctioned protest, with no police presence or road closure signs?  With people randomly walking from the side walk, some using the cross walk, some walking diagonal across the intersection, and some in between cars?  Were they there to fuck around, or caught in a random unorganized protest?  A cab/uber driver rolling a red light and going right on red is not the call to violence(IMO) you are making it out to be. 

Anyone driving for a living would be "pissed off" if people are illegally blocking the streets, it's his livelihood (hell, even those not driving for a living feel that way). 

His tweets vs GF's interview?  Is either admissible?

 

Anyone open carrying a long gun is a moron.

Do you wear a trench coat when you carry a long gun?

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12 minutes ago, Brisketexan said:

Only if I'm naked underneath said coat.  Being a pervert is more important to me than being armed, and a man has to follow his priorities.

I mean, If you're a man of culture then you surely should be naked. How can you win in a battle of surprises, if you don't have your rifle and gun out at the same time.

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you might be unaware of this, but this photo shows that he had his gun raised in the other photo above in a firing position. look at the trigger finger elbow. we are done here.

That’s very very close to a “fuck around and find out” posture. Very close. If I saw that I would be evacuating the scene (because that’s what most people who carry guns do…..evade conflict).
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4 hours ago, Gourmand said:

Is this position threatening? This is the same position he was holding it in the picture next to the vehicle, and there are many other photos like this one as well that show him open carrying in the same manner. 

If someone approaches your vehicle like this you can just open fire on them no questions asked? 

pols_feature1-5.jpg

I have been avoiding this as I think both sides are off.  When he is next to the car he is not directly pointing at the rifle at the driver but has the gun in a ready position which is an aggressive position.  But he is also not pointing at the ground...that is my take.

However, if you think this picture is "the same position he was holding it in the picture next to the vehicle" you need to look again and back off that statement or you have no credibility.  This picture/position and how he approached the vehicle are not remotely similar.

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We have so many guns in the States that a reasonable person would assume everyone in a public place without regulations to the contrary is armed until proven otherwise.  Obviously, people are not always reasonable.

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Guest Lobo

^
Yeah, I've been walking around in public assuming everyone else is a fucking idiot.  So may as well throw "armed" in there, too.  Assume every driver is looking at their phone.  Assume every cop is looking for a reason to beat me.  Assume everybody is packing and dumb.  And then do what you gotta do to make it home to your family at night. 

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19 hours ago, Brisketexan said:

Only if I'm naked underneath said coat.  Being a pervert is more important to me than being armed, and a man has to follow his priorities.

Now that would be a tv show: Nekkid and armed…with a brisket. TLC should be calling since their calendar opened up after canceling the Duggars.

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