Texas DA Says No Charges for Police in Terror Attack Response

Austin officers praised as heroes, but could still face grand jury review amid criticism of mandatory policy

Published on Mar. 4, 2026

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A Texas district attorney said he will not seek charges against Austin police officers who fatally shot a gunman who killed three people and injured 13 others in a suspected terror attack. However, the officers could still face a grand jury review as part of a 2021 policy instituted by the DA that requires all officer-involved shootings and serious use-of-force incidents to be presented to a grand jury.

Why it matters

The case highlights the ongoing tensions between law enforcement accountability and support for police, especially in the aftermath of high-profile incidents like the death of George Floyd. The mandatory grand jury review policy has drawn criticism for lacking transparency and potentially undermining officers who are praised for their actions in stopping a deadly attack.

The details

The Austin police officers shot and killed Ndiaga Diagne, a 53-year-old naturalized U.S. citizen born in Senegal, after he opened fire at a bar, killing three people and injuring 13 others. Travis County District Attorney Jose Garza said his office is not seeking charges against the officers, calling them "heroes." However, the officers could still face a grand jury review due to a 2021 policy instituted by Garza that requires all officer-involved shootings and serious use-of-force incidents to be presented to a grand jury. The policy has been criticized as lacking transparency and potentially being influenced by the progressive Wren Collective nonprofit.

  • The shooting incident occurred early Sunday morning.

The players

Jose Garza

The Travis County District Attorney who said he will not seek charges against the Austin police officers, but their actions could still face a grand jury review due to a 2021 policy instituted by his office.

Greg Abbott

The Texas Governor who praised the Austin police officers as "heroes" and said he will have the final say should they be charged or convicted, despite the district attorney's decision.

Ndiaga Diagne

A 53-year-old naturalized U.S. citizen born in Senegal who opened fire at a bar, killing three people and injuring 13 others, before being fatally shot by Austin police officers.

Doug O'Connell

A lawyer representing the Austin police officers who could face the grand jury review, who has criticized the policy as lacking transparency and potentially being influenced by a progressive criminal justice reform nonprofit.

Jessica Brand

The founder of the Wren Collective, a progressive criminal justice reform nonprofit that has been accused of influencing the district attorney's policy to require grand jury reviews of officer-involved shootings.

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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.”

— Jose 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 for review.

The takeaway

This case highlights the ongoing tensions between supporting law enforcement and holding them accountable, especially in the aftermath of high-profile incidents. The mandatory grand jury review policy has drawn criticism for lacking transparency and potentially undermining officers praised as heroes, raising questions about the role of progressive criminal justice reform efforts in shaping local policies.