A protester armed with an AK-47 was shot and killed on Saturday night in Austin, Texas, after he allegedly pointed his AK-47 at a person in a vehicle who drove up to the the BlM crowd and honked his horn. Here’s what Austin police report happened:
Witnesses reported that just before 10 p.m. Saturday, a car turned down the street toward the protesters and the driver started honking its horn. The vehicle stopped in the roadway, police said, and Foster approached the driver’s side window as others began striking the car. The driver then opened fire, striking Foster.
Manley said at a news conference Sunday that the driver reported Foster pointed his weapon at them before the shooting. KVUE-TV reported that police have said Foster did not discharge his weapon, but the chief did say someone else in the crowd did return fire as the car left the scene.
The driver and the other person who shot were released from policy custody after they gave their accounts of what happened. Both of them had a license to carry a handgun, Manley said. Police did not say whether Foster had a such a license, but it is legal in Texas to openly carry a rifle like an AK-47 without a license. To carry a handgun openly or concealed, one must have a license, unless a person is transporting their own handgun while driving their vehicle. It’s illegal to brandish any deadly weapon, including a gun, “in a manner calculated to alarm.”
Austin police are reviewing witness videos and statements “to determine the precise actions of those involved.” They are asking for help from other people who may have additional evidence to turn over.
The police have identified the man who was shot and killed:
Austin Police Chief Brian Manley identified the man who was shot as Garrett Foster.
“We are heartbroken over the loss of Mr. Foster last night,” Manley said.
In that photo he’s next two his fiancée, who was also at the protest. She’s a quadruple amputee victim and they were both out there as part of the BLM movement.
The Daily Mail posted a photo that shows Foster with his rifle pointed at the ground, but in the ready position to be potentially aimed at the driver:
According to the Daily Mail, the driver said Foster aimed the rifle at him and he was only acting in self-defense. Note that there were also people striking the car, according to the police description.
The driver was released by the Austin Police Department as they investigate what happened. There’s video from Bloomberg News that shows chaos of the scene. In the video you can hear the shots ring out. I don’t want to post it because Foster is seen lying on the ground, presumably dying or possibly dead at that point.
Here is a video someone put together of both what happened, as well as Foster and his fiancée being interviewed about their attendance at these protests. It doesn’t tell the whole story but gives a glimpse into the humanity of Foster. I’m not posting it for the same reason that I’m not posting the Bloomberg News video.
I don’t want to speak ill of the dead but obviously if Foster pointed his rifle at the driver, that was a huge mistake on his part. Once you point a gun at someone, that person’s life is under threat and they have a right to defend themselves. We don’t have the details of what exactly happened, but if it goes anything like what the driver is saying and what this photo implies, it was likely self-defense and the driver should not be charged.
Just based on the interview and his relationship with his fiancée, it seems like Foster may have been a pretty decent guy who made a terrible mistake. Keep that in mind as you consider this story.