Daniel Perry Shooting in Austin

[rmgill]

I had not realized this case was going to trial. I am seeing some strong points about it from the like of Tim Pool. 
 

Interestingly, Legal Insurrection calls the guilty verdict out as justified and sound. 

 

I am going to have to gather more data to see where my own view falls. 
 

https://legalinsurrection.com/2023/04/daniel-perrys-murder-conviction-was-legally-sound/

[Ivanhoe]

One of the problems with commentary from guys like Branca is they attribute honesty to the witnesses who were rioting, and dishonesty to the defendant. 

I'm just not buying that interpretation. 

Part of the prosecution case apparently was that the defendant had an obligation to retreat. False on the face of it due to "stand your ground" provisions, plus there has been mention of dozens of different people's fingerprints on the defendant's car. Had the defendant put the pedal to the metal, it would have been multiple counts of vehicular homicide.

This is going to turn out to be one of those cases where lawyers with zero training and experience in lethal force encounters are applying standards of performance that are wildly unrealistic. The guy got trapped and surrounded in a street riot, had a guy with a rifle who was acting aggressively towards numerous people approach and point the rifle at the victim. Unless better video surfaces, I'm applying the legal principle of FAFO. 

Had he been tried in a conservative county, the charges wouldn't have made it past the GJ.

 

 

[BansheeOne]

I was surprised to find this is the Air Force vs. Army BLM protest shooting incident from back then, too. I had just naturally assumed it was covered by Texas self-defense law.

Much is being made of the lead investigator's complaint about being made to exclude exculpatory evidence by the district attorney, but assuming it's correct and encompassing, I can see both sides of the issue being in the wrong. The DA can be clearly accused of witness tampering, but the withheld evidence seems to refer to the charge of aggravated assault, on which Perry was acquitted anyway. Now if you post on social media that you may have to shoot some protesters, then do it, and afterwards tell police that you weren't going to give the other guy the chance to point his AK at you, you probably don't need to wonder why a jury convicts you of murder. Kinda the reverse of the Grosskreutz/Rittenhouse confrontation applies, where the case inter alia hinged on whether the former pointed his gun at the latter, and he admitted that on the stand.

[rmgill]

Well, in this case, AK dude wasn't around to say what he did. 

Conversely, it wasn't a running fight. It doesn't take much for a rifle to go from low ready pointing near your feet to a double tap to your chest with a fast and competent shooter. 

I strongly doubt the legality of gaggle of people stopping traffic with an armed person as part of their group backing them up and not being tantamount to easily perceived deadly threat just in that form. Certainly not when all of them are beating on the car and making it more than just a 'protest'. 

This just underscores the hazard of the big cities even more. 

[DKTanker]

I think the LEO test should be used.  How many times have we heard "Good shoot" when dozens of shots are fired by LEOs because the suspect simply had a gun in their hand?  If it's good enough for LEOs it should be good enough for ordinary citizens.
Cops want to go home at the end of their shift and Uber drivers don't want to be Reginald Denny'd or worse.

[rmgill]

There is that. And the dude with the rifle was a heck of a lot more threatening than Babbit. 

[BansheeOne]

1 hour ago, rmgill said:

Well, in this case, AK dude wasn't around to say what he did. 

Well yes, but the shooter pretty much said the rifle wasn't pointing at him. I agree it could still be taken as a self-defense situation with the behavior of the crowd overall, but what I'm saying is that if you post about shooting some protesters first, then drive your car into a protest, shoot an armed protester, then say you weren't going to give him the chance of pointing his rifle at you, it's easy to see how a jury would convict you for murder.

[Murph]

Well it looks like the DA hid massive amounts of exculpatory evidence from everyone in complete violation of the Texas Michael Morton act.  And not a darn thing will be done to prosecute the DA for this.  Two tier system.  

Plus Abbot cannot pardon him, only the Board of Pardons and Paroles can request a pardon.  Once they do that, THEN the governor can issue a pardon.  

Lead detective came out and said that the DA hid evidence.  

[DKTanker]

55 minutes ago, Murph said:

Well it looks like the DA hid massive amounts of exculpatory evidence from everyone in complete violation of the Texas Michael Morton act.  And not a darn thing will be done to prosecute the DA for this.  Two tier system.  

Plus Abbot cannot pardon him, only the Board of Pardons and Paroles can request a pardon.  Once they do that, THEN the governor can issue a pardon.  

Lead detective came out and said that the DA hid evidence.  

Hid evidence from the grand jury, the question is was the evidence hidden from the defense during the trial?

[Murph]

Good question, and it looks like it was based on both news reports, and a source I have.  

[Ivanhoe]

1 hour ago, Murph said:

Good question, and it looks like it was based on both news reports, and a source I have.  

If so, the prosecutor would have known that there would be a vacate and retrial. Which may be the intent was punishment via legal expenses vice conviction. 

Perry's lawyer failed to have the trial moved away from Travis county; a fatal mistake.

 

[DKTanker]

1 hour ago, Murph said:

Good question, and it looks like it was based on both news reports, and a source I have.  

I've neither heard nor read that exculpatory evidence was withheld from the defense, only for the GJ proceedings.

[Murph]

More here: Not only DA malfeasance, but Juror misconduct.  The Juror thing is huge.  In Texas jurors are warned not to do this stuff.  

https://www.fox7austin.com/news/daniel-perry-murder-case-attorney-files-motion-retrial

 

https://www.fox7austin.com/news/daniel-perry-murder-case-defense-team-claims-jury-misconduct-in-motion-for-new-trial

[Murph]

On 4/11/2023 at 3:51 PM, Ivanhoe said:

If so, the prosecutor would have known that there would be a vacate and retrial. Which may be the intent was punishment via legal expenses vice conviction. 

Perry's lawyer failed to have the trial moved away from Travis county; a fatal mistake.

 

Nope, that DA is as hard left as you can get, and it is really bad.  Austin PD is so short handed that they no longer respond to a vast number of calls for service.  Or they tell people it will be at least five or more hours before we can get to you.  Austin cops used to have THE most wonderful union contract in Texas, it was almost impossible to get fired, AND they got paid better than anyone else in the state.  On the down side you had to put up with Moscow in Texas.  Those that can leave, are leaving.  A buddy who lives in Austin is thinking about moving due to the rampant crime rates.  

[Ivanhoe]

1 hour ago, Murph said:

Nope, that DA is as hard left as you can get, and it is really bad.  Austin PD is so short handed that they no longer respond to a vast number of calls for service.  Or they tell people it will be at least five or more hours before we can get to you.  Austin cops used to have THE most wonderful union contract in Texas, it was almost impossible to get fired, AND they got paid better than anyone else in the state.  On the down side you had to put up with Moscow in Texas.  Those that can leave, are leaving.  A buddy who lives in Austin is thinking about moving due to the rampant crime rates.  

 

You don't need to tell me that. Here at Camp Brisket, they are here at least once a month with an info table and recruiters, and they leave solicitation flyers all over the building (and somebody is refreshing the piles at least bi-monthly). One can smell the desperation from a quarter mile away.