perry s attorneys are calling for a new trial, saying they want to introduce evidence that foster repeatedly instigated confrontations and was the quote first aggressor. when the murder happened on july 25th 2020 perry, now a 35 year old army sergeant. worked as a rideshare driver and had just dropped off a passenger near a blm protest. prosecutors say perry drove into the protest and instigated a confrontation. perry s attorneys say foster, a 28 year old air force veteran motion to perry as protesters were beating on his car practice something some of them right legally carrying an assault style weapon. that night . perry had a handgun in his car and at some point in the exchange. he fired multiple times, killing foster. during the police interrogation. perry gave several versions of the position of foster s gun was going in there. they want to, you know, also told police he did not try to kill foster honestly did not want to want him to die. i wanted to do was capacity him.
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