The active-duty U.S. Army sergeant who fatally shot Garrett Foster at a Black Lives Matter rally, did so in self defense, his attorney said Friday. Daniel Perry, who was identified by his attorney, was working as a ride-share driver at the time of the July 25 shooting. After dropping off a client, Perry went to a protest “hot spot” to wait for another passenger or a delivery notification when he found himself surrounded by a group of protesters, his lawyers said. Several people started to beat Perry's car before 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,” the statement said.

Perry initially thought Foster was a cop so complied but, after rolling his window down, apparently realized he wasn’t. “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. 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.”