AUSTIN, TX—A 28 year-old Black Lives Matter protester, Garrett Foster was killed after being shot three times on Saturday, July 25 at 9:52 p.m. CPR was performed on Foster by medics at the scene, but he later died at Dell Seton Medical Center.

According to the video evidence and reports, the shooter intentionally drove into a crowd. The suspect’s name has not been disclosed to the public. According to reports, Foster pointed an AK-47, which is legal to carry in Texas, at the suspect’s vehicle, which resulted in him shooting and killing Foster. Others noted objects being thrown and striking the suspect’s car, but video evidence shows that the protestors did not surround the car. They attempted to avoid getting struck from gunfire. 

When interviewed on July 26, on ABC’s “Good Morning America,” Foster’s mother indicated her son was not carrying a weapon. “And this gentleman got out of his car and started firing shots and my son was shot three times,” said Foster’s mother. She recalls that Foster was pushing his disabaled fiance, Whitney Mitchell, in her wheelchair when he was killed. Protestors indicated that Foster always openly carries an AK-47 strapped to his back during protests for protection.

Authorities responded to calls on 300 Congress Avenue, between Third and Fourth Streets in less than a minute. According to the Austin Police Department, the suspect called in saying that someone was pointing a gun at his car and he shot him in self-defense. 

A person was taken into custody for questioning, but later released. The investigation still ongoing. The Austin Police Department requested anyone with video evidence or information about the incident to come forward.

In honor of Garrett Foster, a memorial was set up where he was shot. It was destroyed on Monday, July 27. White paint was thrown on the memorial. Candles and flowers were thrown astray. David Homan, known as  “homelesswithaniphone” on TikTok made multiple videos on the app regarding Foster’s death and his part in destroying in the memorial.

In one video it reads, “My GoPro wasnt turned when I tossed the paint, sorry! 10 gallons wasnt enoug paint. 🙁 Sewage next time!” He is seen in the video throwing flowers and spreading white paint around the memorial. He also recorded himself saying that Foster was “rightfully and legally euthanized” and “Foster, Australian for dead terrorist.” 

The Austin Police Department told KXAN, “The law says that flowers, signs, photos, etc. left behind are considered abandoned property, so there’s not necessarily a crime for us to investigate,” the Austin Police Department told KXAN.