Also under Texas law you can use deadly force to prevent the forcible entry into your vehicle or forcible removable of yourself or another from a vehicle.

That said, what this prosecutor is apparently doing is using the idea that Perry, by driving his car into the “protest,” is the aggressor and any action taken by those at the “protest” is thus to be viewed as in self-defense. In the Travis county jurisdiction he may be able to sustain this view and obtain a conviction.

Yes, in order to sustain a charge of murder, the DA has to claim that self-defense was not involved.

However, Perry had to assume that Foster’s rifle was loaded. Foster ordered Perry out of his car and had the rifle in the ready position. That’s an implied threat and, if Perry refused Foster’s order and waited to see if Foster would point the rifle at him, he would have been placing his life at much greater risk.

Also, why tell Perry to get out of his car, since Perry just wanted to continue down a public thoroughfare?

We don’t know if Foster started to raise his rifle or if he then pointed it at Perry. We do know that none of the “mostly peaceful” demonstrators witness testimony can be trusted.

We also know that when your life is threatened, you can’t afford to wait until the aggressor is shooting at you.

Foster had a rifle he could easily raise in a split second to a firing position. In ordering Perry out of his car to be surrounded by a hostile mob… had but one response to remove the threat. Foster’s stupidity brought his fate upon him.

“Mitchell – who had all four of her limbs amputated in 2010 after contracting a mystery virus ”

A bit of a difference in description between that and “A UTI”…

SMH.

None of this is any surprise, though clearly, and always, a disappointment.

Lovely story.

I think there is much good will remaining in our nation. Not to be forgotten.

–Zuri Davis, “The Libertarian Party Mourns Garrett Foster, Activist Killed at a Black Lives Matter Protest”
https://reason.com/2020/07/27/the-libertarian-party-mourns-garrett-foster-activist-killed-at-a-black-lives-matter-protest/

Foster considered himself a Libertarian. In the Reason credits, Zuri Davis, the article author, celebrates herself as “Catholic/Black/Feminist/pluviophile.” The latter being a “lover of rain.”

Her article on the shooting is … questionable. She gets ratio’d in the comments with most of her support coming from trolls.

One thing I learned from the comments is that Foster had his rifle at “low ready.” I didn’t know the term, but it was clear from the photo that his rifle wasn’t casually slung over his shoulder.

Foster was at the protest with his quad amputee fiance. (She had had a urinary infection which went septic and lost her limbs below the the knees and elbows.) He was pushing her wheelchair around and carrying his AK rifle. They attended these protests regularly.

Foster was interviewed that night by someone livestreaming. Foster was asked if he felt he would have to use his rifle:
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Nah, I mean, if I use it against the cops I’m dead. I think all the people that hate us and want to say shit to us are too big of p-ssies to stop and actually do anything about it.

https://thespectator.info/2020/07/26/people-who-hate-us-are-too-big-of-p-ssies-to-actually-do-anything-about-it/
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Mr. Foster sounds like a complicated young man.