Texas DA Won't Pursue Charges Against Officers Who Killed Austin Gunman

Speculation of charges against officers was being spread online by politicians, including Sen. Ted Cruz and Texas Gov. Gregg Abbott.

Published on Mar. 5, 2026

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Travis County District Attorney José Garza said his office is closing its review of the three officers' actions, stating the gunman was "in the act of using unlawful deadly force" at the time they responded to the active shooting incident that left 3 dead and 14 injured in Austin. Garza pushed back against online speculation and criticism that he would charge the officers, calling the claims "false" and "intentionally false" and being "peddled for obvious political purposes".

Why it matters

The shooting in Austin sparked debate over whether the officers involved should face criminal charges, with some politicians weighing in on social media. Garza's decision not to pursue charges against the officers is seen as a victory for law enforcement, but the political rhetoric surrounding the case highlights the ongoing tensions between prosecutors and police in high-profile use-of-force incidents.

The details

The shooting took place outside Buford's, a popular beer garden in downtown Austin. Authorities identified the gunman as Ndiaga Diagne, a 53-year-old Senegalese national and naturalized U.S. citizen living in Pflugerville. Diagne was wearing a sweatshirt that said "Property of Allah" and a shirt with an Iranian-flag theme at the time of the attack. Authorities are still working to determine a possible motive, including whether it was an act of terrorism.

  • The shooting took place over the weekend.
  • Garza's letter closing the review was sent on Wednesday.

The players

José Garza

The Travis County District Attorney who reviewed the officers' actions and decided not to pursue criminal charges.

Lisa Davis

The Austin Police Chief.

Ted Cruz

A Republican U.S. Senator from Texas who criticized the DA's handling of the case on social media.

Gregg Abbott

The Republican Governor of Texas who weighed in on the speculation, stating the officers were "heroes who saved lives".

Ndiaga Diagne

The 53-year-old Senegalese national and naturalized U.S. citizen identified as the gunman in the Austin shooting.

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What they’re saying

“After the review, it is clear and indisputable that at the time the officers were responding to an active shooting in a mass casualty situation, and that the subject of the shooting was in the act of using unlawful deadly force.”

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

“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.”

— Gregg Abbott, Texas Governor (X)

“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 (NBC News)

What’s next

Austin police will be updating the public on the case Thursday afternoon.

The takeaway

The decision by the Travis County District Attorney not to pursue charges against the officers involved in the Austin shooting highlights the ongoing tensions between prosecutors and law enforcement over use-of-force incidents. While the DA praised the officers as "heroes", the political rhetoric surrounding the case underscores the divisive nature of these high-profile incidents and the need for continued dialogue and transparency between the criminal justice system and the public.