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Judge: Not Available
Court: District Court, Travis County, Texas
Plaintiff's Attorney: Travis County Texas District Attorney's Office
Description: Austin, Texas criminal defense lawyer represented Defendant care with first-degree murder for killing a demonstrator at a black lives rally shortly after the death of George Floyd. Defendant was also indicted by a grand jury for aggravated assault with a firearm.
Daniel Perry, an army sergeant stationed at Fort Hood, was driving for Uber in Austin to make more money. He encountered a large group of protesters who were illegally blocking the street.
Garrett Foster, who was armed with an AK-47 allegedly pointed the weapon at Perry, who was also armed. Perry shot and killed foster.
"It may be legal in Texas to carry an assault rifle in downtown Austin. It doesn’t make it a good idea. If you point a firearm at someone, you’re responsible for everything that happens next." Defense counsel.
Homicide is the killing of a human being by another human being. In Texas, homicide is classified into four categories: murder, capital murder, manslaughter, and criminally negligent homicide.
"Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought can be express or implied. Express malice aforethought is the intent to kill. Implied malice aforethought is the intent to do serious bodily injury to another person, even if there is no intent to kill.
Capital murder is the unlawful killing of another human being in the commission of certain felonies, such as aggravated robbery, arson, or sexual assault. Capital murder is also the unlawful killing of a peace officer, firefighter, or other public servant who is acting in the line of duty.
Manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter can be voluntary or involuntary. Voluntary manslaughter is the killing of another human being in the heat of passion caused by adequate provocation. Involuntary manslaughter is the killing of another human being by criminal negligence.
Criminally negligent homicide is the killing of another human being by criminal negligence. Criminal negligence is defined as the failure to use ordinary care that a reasonably prudent person would use under the same or similar circumstances.
The penalties for homicide in Texas vary depending on the type of homicide. Murder is a first-degree felony, punishable by life in prison or the death penalty. Capital murder is also a first-degree felony, but the death penalty is mandatory. Manslaughter is a second-degree felony, punishable by 2-20 years in prison. Criminally negligent homicide is a state jail felony, punishable by 180 days to 2 years in a state jail facility.
If you are charged with homicide in Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and protect your rights."
Outcome: Defendant was found guilty.
Comments: Editor's Note: Texas Governor Abbott said over the weekend that he intends to pardon Perry.