The lawyer, Clint Broden of Dallas, identified his client as Daniel Perry and said he was an active duty sergeant in the Army. Broden said he was releasing Perry's name in an attempt to correct misinformation in the media.
Last Saturday night, Perry was working as a driver for a ride-share company to make extra money and had just dropped off a client when he encountered the protest on Congress Avenue, the release said.
Perry did not know the protest was taking place before turning onto Congress Avenue, the release said.
People began beating on the car and a man now identified as Garrett Foster approached, carrying an assault-style rifle, and motioned for Perry to lower his window, the release said. Thinking the man was associated with law enforcement, Perry did so but then realized the man was not a law enforcement officer, the release said.
"It has now been confirmed by several witnesses that this individual with the assault rifle then began to raise the assault rifle toward Sgt. Perry," the news release said. "It was only then that Sgt. Perry, who carried a handgun in his car for his own protection while driving strangers in the ride share program, fired on the person to protect his own life."
Somebody else fired on Perry's vehicle and he drove to safety and called police, the news release said.
Fort Hood confirmed in a statement that Perry is a sergeant assigned to the 1st Cavalry Division. The statement said the base was cooperating with the Austin Police Department in its ongoing investigation
No charges have been filed in the shooting and Austin police have not identified the shooter. A spokesman for the Austin Police Department said Friday police have not released the name of the person who shot Foster because the incident is still under investigation.
After the incident, Austin Police Chief Brian Manley said officers responded to a 911 call in which the caller stated they had just shot someone who had approached their car window and pointed a rifle at them.
When officers arrived, they began resuscitation efforts on the 28-year-old Foster, but he died shortly after at a local hospital, Manley said.
The driver accused of shooting Foster was brought in by police for questioning, and his handgun and car were secured for evidence, police said, and another person who fired their gun at the car was brought in for questioning. Both had a concealed handgun license and were released pending further investigation.
Witnesses gave many accounts, including that the disturbance began when the vehicle started honking its horn, Manley said. Witnesses told police that Foster approached the car with an AK-47 assault-style rifle while others in the crowd began striking the vehicle.
One witness to the shooting, James Sasinowski, told CNN that the driver of the car initiated the encounter by turning on Congress Avenue and accelerating toward the protesters.
"This was intentional. It was aggressive and he accelerated into a crowd of protesters," Sa
