Austin Police Department homicide Detective David Fugitt is considered to be a rock star when it comes to solving murders. He gets every tough case he is available to investigate because of his sterling record. Of all the cases that he has handled, he only failed to solve the case times out of the 50 cases assigned to him. He is now accusing Jose Garza, another Soros-funded District Attorney of witness tampering and withholding exculpatory evidence from the accused.
Austin has been plagued by BLM riots, with drivers being pulled from their cars and being beaten and reports of gunfire aimed at drivers from the rioters not to mention their attacks on the dwindling numbers on the police force. Austin city council and mayor defunded police in that city. That has sent crime spiraling through the roof. That brings us to a case where a driver had a BLM member point a loaded AK-47 at him. He then shot and killed the rioter.
Garza actually ran on a platform of prosecuting police officers. He had the BLM vote locked in.
On the night of July 25, 2020, a group of protesters illegally took over an intersection in downtown Austin. Part of the mob made their way to the car belonging to Army Sgt. Daniel Perry. Garrett Foster was carrying a loaded AK-47 rifle and he pointed it at Perry, who is a licensed concealed carrier. He pulled out his pistol and shot at Foster, killing him. He was pulled over and questioned and allowed to leave. During the investigation, there were photos found that confirmed Perry’s story.
By the time the shooting occurred, numerous Americans had been surrounded, threatened, and even shot by BLM and other protesters in their vehicles, including within Austin, where protesters had attempted to take over the police headquarters a month earlier. Protesters had removed some drivers from their cars and assaulted them. Many innocents had lost their lives, such as retired police captain David Dorn in St. Louis, Missouri, whom protesters shot to death in his pawnshop during the rioting.
Now, the lead detective in the Perry case is accusing District Attorney Garza of witness tampering in order to obtain the indictment. That detective is David Fugitt, the veteran APD officer known for solving so many cases. He has filed an affidavit in the case that clearly and unequivocally points the finger at Garza.
Detective Fugitt says:
Prior to the grand jury presentation in this case, I had several conversations with the District Attorney’s Office regarding the presentation of exculpatory evidence related to Daniel Perry. It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry and/or to show that witness statements obtained by the family of Garrett Foster and/or their attorneys were inconsistent with prior interviews such “witnesses” gave the police and/or the video of the incident in question. I had also wanted to present previous statements from the Complainant in Count 2 where she never once suggested that Daniel Perry intentionally and knowingly threatened her with imminent bodily injury by driving a motor vehicle in her direction. The District Attorney’s Office also made me remove an animation from Daniel Perry’s driving the night of the incident coordinated with his cell phone records that would have refuted the deadly conduct charge ultimately returned by the grand jury.
Detective Fugitt elaborates:
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On more than one occasion I was directed by the Travis County Attorney’s Office to remove exculpatory information that I had intended to present to the grand jury during my testimony. At that point, I specifically asked if there would be “ramifications” if I did not do so. I was told by Assistant District Attorney Guillermo Gonzalez that he would ask the elected District Attorney, Jose Garza, what would happen if I refused to agree to the limitations I was being ordered to comply with. I was later sent an email simply reaffirming the exculpatory subjects that I was forbidden from mentioning during my testimony. Of my original 158 slide powerpoint presentation, the presentation was reduced to 56 slides with almost all of the exculpatory evidence ordered removed. I felt like I did not have any other options but to comply with their orders.
Perry’s defense attorneys have now filed a complaint against Garza for witness tampering. It is a crime that carries a maximum sentence of ten years in prison. Recently, one of his prosecutors resigned from her job and filed a Brady Notice against Garza. Prosecutors must turn over to the defense all exculpatory evidence they have and that is covered by the Brady Law. She says that Garza ordered her to hide exculpatory evidence from the defense.
The Austin Police Association says it’s looking into 283 cases in which Garza’s office may have tampered with evidence.