Travis County District Attorney José Garza said his office will not file charges against the Austin police officers who fatally shot Ndiaga Diagne, a 53-year-old naturalized U.S. citizen born in Senegal. Police shot Diagne after he opened fire at Buford's Backyard Beer Garden on West 6th Street in Austin on March 1, 2026, killing three people and injuring several others in what investigators describe as a suspected terror attack.

The announcement comes during political backlash over a 2021 policy from Garza's office that sends all officer-involved shootings and serious use of force cases to a grand jury. Texas Governor Greg Abbott said he would have the final say on the officers' outcome, while critics accuse Garza of promoting an agenda against law enforcement, Fox News reported.

The dispute has drawn responses from Texas lawmakers, police unions, and criminal justice advocates. Critics argue that applying the same mandatory grand jury review to officers who stopped a mass shooter is unnecessary and could harm morale within law enforcement.

A Night of Terror on West 6th Street

On the evening of March 1, 2026, Diagne opened fire at Buford's Backyard Beer Garden, a popular venue on West 6th Street in Austin. The victims killed were identified as Savitha Shan, 21, Jorge Pederson, 30, and Ryder Harrington, 19. Multiple others were hospitalized with injuries, and both the Austin Police Department and the FBI launched investigations into the suspected terror attack.

Austin police officers responded and fatally shot Diagne, ending the rampage. Garza released a statement praising their actions. "These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges," Garza said.

He added: "The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes." Despite these assurances, the controversy over what would happen to the officers had already ignited a political confrontation that stretched from Austin to the governor's mansion.

The 2021 Grand Jury Policy Under Scrutiny

At the center of the dispute is a policy Garza's office instituted in 2021 requiring that all officer-involved shooting cases and serious use-of-force incidents be presented to a grand jury for review. The policy was adopted amid nationwide calls for greater law enforcement accountability following the death of George Floyd in Minneapolis, which also fueled movements to defund police agencies across the country.

Doug O'Connell, an attorney with the firm O'Connell West who was tapped to represent the officers at the request of the Austin Police Association, said the mandatory review is part of a broader pattern. "I believe that the Wren Collective has directed the district attorney to review officer-involved cases this way," O'Connell said, referring to a progressive criminal justice reform nonprofit that supports liberal district attorneys and is primarily composed of former public defenders.

"It seems they're very anti-law enforcement officers," O'Connell added. Jessica Brand, the founder of the Wren Collective, issued a statement to Fox News Digital that struck a markedly different tone, thanking the responding officers. "The officers did heroic work and stopped what could have been an even bigger tragedy. As an Austin resident, I thank them, and also those people providing support for the many victims and their loved ones now," Brand said.

Governor Abbott and Lawmakers Push Back

Gov. Greg Abbott weighed in forcefully on the platform X, writing: "These police officers are heroes who saved lives. Whatever the DA does, I will have the final say in the fate of these police officers." Fox News Digital reported that it reached out to Abbott's office seeking clarity on his remarks.

Texas state Rep. Mitch Little, a Republican who formerly served as the impeachment attorney for Texas Attorney General Ken Paxton, told Fox News Digital there was no legal justification for presenting every officer-involved shooting to a grand jury. "The only explanation for that is a leftist ideological bent on the part of the district attorney's office," Little said.

O'Connell echoed those concerns, describing the toll the policy takes on officers who respond to violent situations. "Every time an officer is dispatched to a violent criminal call, they've got to be thinking: 'I could be killed, or, depending on how this goes, I could be indicted,'" he said. He also criticized the grand jury process itself, calling it fundamentally unbalanced.

Police Union Leaders Demand Transparency

"Nothing about it is fair or balanced. The district attorney holds all the power when it comes to grand juries," O'Connell said. "We know that grand juries have been manipulated because we've had to defend officers who have been indicted." He noted that defense attorneys are not permitted to be present or submit evidence during grand jury proceedings.

Michael Bullock, president of the Austin Police Association, wrote Tuesday on X that sufficient public information already existed to show a grand jury review was unnecessary. "There's no need to subject these officers to that, especially since it's taking the DA over a year in almost every case to present these to the grand jury," Bullock wrote. "That's way too long and added stress for officers who have already been through a lot."

Lessons to Learn

1. Stay aware of your surroundings in public spaces. Mass shootings can happen anywhere, including popular nightlife venues. When visiting bars, restaurants, or outdoor gathering spots, take a moment to note exits and have a plan for how you would leave quickly if danger arose.

2. Trust law enforcement's immediate response, but stay informed about accountability systems. The officers who responded to the shooting at Buford's acted decisively to stop the threat. Citizens benefit from understanding how their local policies around use-of-force reviews work, as these systems affect how quickly and confidently officers can act in emergencies.

3. Community preparedness matters. Familiarize yourself with basic emergency response guidance, such as the "Run, Hide, Fight" protocol recommended by the Department of Homeland Security.

It is critical to remember, however, that no amount of preparation guarantees safety — crime can strike anyone, anywhere, and victims should never be blamed for the violence inflicted upon them.

Why This Story Matters

This story matters because it sits at the intersection of public safety, criminal justice reform, and the political dynamics that shape how law enforcement operates in American cities. The debate over whether officers who stopped a mass shooting should face a mandatory grand jury review raises fundamental questions about whether policies designed for accountability can inadvertently discourage the very actions that save lives. For the Austin community — still grieving the loss of three young people — the outcome of this controversy could determine how prepared and willing their police force is to respond the next time tragedy strikes.

Ndiaga Diagne, a 53-year-old naturalized U.S. citizen born in Senegal, opened fire at Buford's Backyard Beer Garden in Austin on March 1, 2026, killing Savitha Shan, Jorge Pederson, and Ryder Harrington and injuring others before Austin police shot and killed him. Travis County District Attorney José Garza said the officers will not face charges, though his policy requiring officer involved shootings to go before a grand jury drew criticism from Gov. Greg Abbott and others who say it is ideologically driven and unfair to officers who stopped the attack.