GoFundMe removes page supporting Army sergeant who shot and killed armed Black Lives Matter protester

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Outnumbered - Friday, December 3

On today's episode, Steve Hilton is 'Outnumbered' as we await a press conference on the Michigan school shooting. Meanwhile, President Biden says the economy is getting back on track despite November job reports.

A United States Army sergeant facing a murder charge after shooting a Black Lives Matter protester who approached his vehicle with an AK-47 had his GoFundMe page removed from the site by the company. 

Perry’s attorneys confirmed to Fox News Digital that the GoFundMe page for their client, Army. Sgt. Daniel Perry, has been removed.

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(Sgt Daniel Perry)

"It’s an expensive trial to undertake with the need for expert witnesses and stuff and we had a GoFundMe site that’s been taken down and it’s been weighing on him," Perry Attorney Clint Broden told Fox News Digital, adding that Perry’s father had to pay a "significant bond" for his release and that the ordeal has taken a "significant toll" on the family.

On the night of July 25, 2020, at about 9:50 p.m., authorities say Sgt. Daniel Perry was driving for Uber when he encountered a Black Lives Matter protest in downtown Austin, Texas. Perry, an active duty soldier, was stationed at Ft. Hood at the time. The protesters did not have a permit and were reportedly clogging a busy intersection.

After making a right turn onto Austin’s Congress Avenue, Perry’s attorneys say he was swarmed by a group of Black Lives Matter protesters and a masked man, later identified as Garrett Foster, approached his vehicle armed with an AK-47 in the "ready position" as protesters began banging on Perry’s car and throwing bricks.

A protester carries a Black Lives Matter flag shortly before the start of a dawn to dusk curfew following the killing of Andrew Brown Jr. by sheriffs last week, in Elizabeth City, North Carolina, U.S. April 27, 2021.  REUTERS/Jonathan Drake

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Believing that Foster was beginning to raise the rifle and that his life was in danger, Perry fired the handgun he kept in his car console multiple times at which point another protester opened fire on him. 

The man with the AK-47, Garrett Foster, was fatally wounded. 

Roughly a year later, Perry was indicted on murder and aggravated assault charges by Travis County District Attorney Jose Garza who claimed that over 150 pieces of evidence and testimony from 22 witnesses during a three-week court hearing led to the decision to press charges.

Perry’s attorneys say the shooting was a clear case of self-defense and have expressed serious concerns with how the case has been handled by Garza’s office.

"Garrett Foster either intentionally or accidentally pointed his rifle at Daniel Perry’s head and Daniel Perry fired in self-defense," Perry attorney Doug O’Connell told Fox News Digital. "And as a practical matter he had no ability to retreat nor was he required to."

"You have the right to defend yourself in a crowd and you feel like you’re in imminent danger of being shot," Broden added. "That’s what it’s all about. I ask people to put themselves in Sgt. Perry’s position and you have this masked man with an assault rifle ready starting to raise it. I think anybody that had access to a firearm would react the same way."

Texas castle law extends to one's vehicle in some circumstances.

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Austin Texas downtown cityscape skyline aerial view

Veteran Detective David Fugitt of the Austin Police Department, the lead investigator on the case who has been on the Austin police force for 27 years, concluded that the shooting was justifiable homicide, but charges were filed anyway, and the veteran detective said in a sworn affidavit that Garza’s office committed witness tampering by preventing the grand jury from seeing exculpatory evidence.

Perry’s attorneys say that those who wish to financially support Perry can still do so via the GoGetFunding crowdfunding platform.

"I can confirm that this fundraiser was reviewed and found to be in violation of GoFundMe Terms of Service, and subsequently removed. GoFundMe prohibits raising money for the legal defense of a violent crime," a GoFundMe spokesperson said in a statement to Fox News Digital.

The platform has previously stated multiple times that it removes pages supporting those who are accused of a "violent crime" but has declined to completely remove pages of others accused of violent crimes in the past. 

A trial date has not been set for the case but Perry's lawyers have a call scheduled with a judge on December 15th to review concerns with the grand jury process.