Texas DA says no charges for hero cops who stopped deadly bar shooting

Criticism over mandatory grand jury review for officer-involved shootings

Published on Mar. 4, 2026

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A progressive Texas district attorney said he will not seek charges against the Austin police officers who fatally shot a gunman who killed three people and injured 13 others in a suspected terror attack. The officers' actions were praised as heroic, but they could have potentially faced a grand jury review under a 2021 policy instituted by the district attorney.

Why it matters

This case highlights the ongoing debate around police accountability and use of force, particularly in the wake of high-profile incidents like the death of George Floyd. The mandatory grand jury review policy has drawn criticism for potentially undermining justified use of force by officers and creating additional stress and uncertainty.

The details

The Austin police officers shot and killed Ndiaga Diagne, a 53-year-old naturalized US citizen born in Senegal, after he opened fire at a bar, killing three people and injuring 13 others. District Attorney José Garza said his office would not seek charges against the officers, calling them 'heroes.' However, the officers could have potentially faced a grand jury review under a 2021 policy instituted by Garza that requires all officer-involved shooting cases and serious use-of-force incidents to be presented to a grand jury.

  • The shooting incident occurred early Sunday morning.
  • Garza released his statement saying he would not seek charges against the officers on March 4, 2026.

The players

José Garza

The Travis County District Attorney who said he will not seek charges against the Austin police officers involved in the shooting.

Greg Abbott

The Governor of Texas who said he would have the final say on whether the officers should be charged or convicted.

Ndiaga Diagne

The 53-year-old naturalized US citizen born in Senegal who opened fire at the bar, killing three people and injuring 13 others.

Doug O'Connell

A lawyer representing the Austin police officers involved in the shooting.

Jessica Brand

The founder of the Wren Collective, a progressive criminal justice reform nonprofit that has been accused of directing the district attorney's policy on reviewing officer-involved cases.

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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

“Three people died in a mass shooting last week, more people were harmed, families are grieving and the entire city is in mourning. 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.”

— Jessica Brand, Founder, Wren Collective

“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.”

— Greg Abbott (X)

What’s next

The judge in the case will decide on Tuesday whether or not to allow the officers to be presented to a grand jury as part of the mandatory review policy.

The takeaway

This case highlights the ongoing tensions between law enforcement accountability and support for officers, particularly in the context of high-stakes, split-second decisions. The mandatory grand jury review policy has drawn criticism for potentially undermining justified use of force and creating additional stress for officers, raising questions about the balance between police oversight and empowering officers to protect public safety.