Moment BLM protester Garrett Foster approaches car with his AK-47 before being shot dead – as suspect is RELEASED

DRAMATIC footage shows the moment a protester approached a car with his AK-47 seconds before he was shot dead.

Black Lives Matter protester Garrett Foster was pushing his fiancee, Whitney Mitchell, a quadruple amputee, in a wheelchair before he walked towards the car in Austin.

The driver who allegedly shot and killed Mr Foster has since been released from custody after claiming self defense.

The suspect allegedly told police that Foster pointed the weapon directly at him so he fired back at the 28-year-old.

The suspect drove off while another person nearby fired a pistol towards the car.

New footage obtained by the Daily Mail shows Foster standing next to the car with the barrel of the rifle pointed towards the ground and his hand appearing to be placed on the grip of the gun.

The Daily Beast reported that the suspect turned himself over to the police soon after, telling them he had been involved in a shooting.

With an autopsy for Foster scheduled for Monday, police are reportedly consulting with prosecutors about any potential charges and are appealing for more witness with other accounts or witnesses of the incident.

Speaking to Good Morning America, Foster's mother, Sheila, confirmed that her son had been to a number of BLM protests along with his fiancee.

She said he was licensed to carry a gun and that she wouldn't have been surprised if he had been doing so in order to "protect himself."

Police refused to reveal the identity of the driver, the Daily Mail reported.

"We are heartbroken by the loss of Mr. Foster last night, Austin Police Chief Brian Manley said. "It is actively being investigated."

A GoFundMe raising money for funeral expenses, mental health care and for Mitchell's care has raised over $100,000.

On Sunday night, Mitchell lead a vigil for her late fiancee at the scene where he was shot.

Daily Mail reported that marchers chanted "Say his name, Garrett Foster"

Austin Police confirmed with The Sun that the investigation is ongoing.

Anyone with information, video or images of the incident is encouraged to contact the department.

In a statement, the Mayor of Austin Steve Adler said the city had been left "shaken".

"All I know is that someone dying while protesting is horrible," he said. "Our city is shaken and, like so many in our community, I’m heartbroken and stunned".

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