It can be proved that he did not have malicious intent because, as soon as he rounds the corner (navigating between the protestors in the intersection), he came to a stop because the crowd was too dense, unlike the Kenosha psychopath. After someone thumped his vehicle and Foster brandished or pointed his firearm at Perry, Perry fired in self-defense as I believe I would likely have done in his situation.
Once again, the litmus test to determine whether Perry's actions were reasonable or malicious couldn't be simpler: Would a police officer in Perry's exact situation be charged for doing what Perry did? Of course not. This is a purely political prosecution. It is a witch-hunt and it is yet another piss-poor example of "governing from the bench"...