Austin Police Officers Who Stopped Terrorist Avoid Charges

District attorney calls officers "heroes" after initial review of grand jury process

Published on Mar. 4, 2026

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The Austin police officers who fatally shot a gunman who killed three people and injured 13 others in a suspected terror attack will not face charges, according to the local district attorney. The officers were initially set to go before a grand jury review under a 2021 ordinance, but the district attorney said the stories about the officers potentially facing charges were "false" and "intentionally false" and were being "peddled for obvious political purposes."

Why it matters

The case highlights tensions between progressive criminal justice reform efforts and law enforcement's role in responding to active threats to public safety. While some advocates have pushed for increased scrutiny of police use of force, this incident demonstrates the potential risks of applying such policies in extreme situations involving suspected terrorist attacks.

The details

The three Austin police officers killed Ndiaga Diagne, 53, who opened fire on patrons at Buford's Backyard Beer Garden, killing three people and wounding at least 12 others. The officers responded to the attack and fatally shot Diagne during the incident. Under a 2021 ordinance, the officers were initially set to go before a grand jury review, but the local district attorney, José Garza, said no charges will be filed and called the officers "heroes." Garza said the stories about the officers potentially facing charges were "false" and "intentionally false" and were being "peddled for obvious political purposes."

  • The attack occurred on Saturday.
  • The district attorney's statement clearing the officers was released on March 4, 2026.

The players

José Garza

The Travis County District Attorney who said the officers will not face charges and called them "heroes."

Greg Abbott

The Governor of Texas who said he would have the final say on any legal ramifications for the officers.

Ndiaga Diagne

The 53-year-old gunman who opened fire at the Buford's Backyard Beer Garden, killing three people and injuring 13 others.

Doug O'Connell

A lawyer representing the Austin police officers at the request of the Austin Police Association.

Wren Collective

A progressive criminal justice reform nonprofit that backs liberal district attorneys and is said to have directed the Travis County District Attorney to review officer-involved cases in this manner.

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What they’re saying

“These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges. The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes.”

— José Garza, Travis County District Attorney (Fox News)

“It's my belief that the Wren Collective has directed the district attorney to review officer-involved cases this way. It seems they're very anti-law enforcement officers.”

— Doug O'Connell, Lawyer representing the Austin police officers (Fox News)

What’s next

Governor Greg Abbott said he would eventually have the final say on whether the officers should face any legal ramifications.

The takeaway

This case highlights the ongoing tensions between progressive criminal justice reform efforts and the need for law enforcement to respond decisively to active threats to public safety. While increased scrutiny of police use of force is an important issue, this incident demonstrates the potential risks of applying such policies in extreme situations involving suspected terrorist attacks.