Family of Texas BLM protester killed by Army sergeant sues shooter, Uber

Daniel Perry, 35, shot and killed Garrett Foster during a Black Lives Matter protest in Austin and now faces a murder charge, prosecutors said

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The family of a Black Lives Matter protester who was shot and killed by an Army servicemember driving for Uber in Texas during a demonstration is suing him and the ride-share company. 

Garrett Foster's family filed a lawsuit against Sgt. Daniel Perry, 35, on Wednesday in Travis County state District Court. 

The lawsuit states that Perry, who was stationed in Fort Hood at the time of the July 25, 2020 shooting in downtown Austin, was a "dangerous, ticking time-bomb" and that he had posted online about shooting protesters, Fox Austin reported. 

Perry was driving for Uber when he shot Foster, who allegedly approached the vehicle with a rifle amid a protest march in the area. Perry fired several shots at Foster with a handgun. Foster, a 28-year-old Air Force veteran, later died at a hospital. 

GOFUNDME REMOVES PAGE SUPPORTING ARMY SERGEANT WHO SHOT AND KILLED ARMED BLACK LIVES MATTER PROTESTER

The Austin Police Department determined the shooting was justified but a grand jury indicted Perry on murder charges, which are still pending. He has stated he acted in self-defense. 

The shooting came amid massive nationwide protests featuring Black Lives Matter groups. Some of the demonstrations devolved into riots, looting and even killings, 

At the time of the shooting, Perry was stationed in Fort Hood, about an hour north of Austin, and was driving for Uber to make some extra money. A spokesperson for Uber declined to comment to Fox News, citing pending litigation. 

In a statement to the media, Foster's mother, Sheila Foster, said her son "believed passionately in the Constitution and protecting our freedoms and our rights, including the right to free speech and the right to bear arms." 

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Fox News' Andrew Mark Miller contributed to this report.