Texas DA won't pursue criminal charges against officers who killed Austin gunman
Texas DA won't pursue criminal charges against officers who killed Austin gunman
Matt LavietesThu, March 5, 2026 at 3:49 PM UTC
0
Students at the University of Texas at Austin gather for a candlelight vigil Wednesday for the victims of Sunday's mass shooting. (Brandon Bell / Getty Images) (Brandon Bell)
A Texas district attorney pushed back against speculation that he would pursue charges against police officers who shot and killed the gunman who killed three and injured 14 others in Austin over the weekend.
Travis County District Attorney José Garza said in a letter addressed to Austin Police Chief Lisa Davis on Wednesday that his review of the three officers' actions was closed.
"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," Garza wrote in the letter, shared with NBC News. "For these reasons and based on the facts now known to us, we are closing our review and no action will be taken."
Garza was responding to online speculation and criticism that he would charge the officers, including from Texas Senator Ted Cruz.
"This…is…INSANE," Cruz, a Republican, wrote in a post on X on Tuesday.
Austin Police Association President Michael Bullock wrote in an X post on Tuesday that while there are no criminal charges currently against the officers, "the DA seems to still intend to put this before a grand jury where anything can happen as the DA controls that process and does allow APD involvement."
Members of law enforcement investigate after the shooting outside of Buford's bar in downtown Austin. (Brandon Bell / Getty Images) (Brandon Bell)
Texas Republican Gov. Gregg Abbott also weighed in on the speculation, writing in a post on X: "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."
Advertisement
Garza pushed back against the online speculation in a separate statement on Wednesday, calling the claims "false."
"These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges," he said in a statement. "The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes."
The shooting took place outside Buford’s, a popular beer garden in downtown Austin. Authorities identified the gunman Ndiaga Diagne, 53, a Senegalese national and naturalized U.S. citizen who was living in Pflugerville.
At the time of the shooting, he wore a sweatshirt that said "Property of Allah" and a shirt underneath with an Iranian-flag theme, according to four law enforcement officials.
Authorities are working to determine a possible motive for the attack, including whether it was an act of terrorism.
The attack came a day after the U.S. launched strikes against Iran.
Austin police will be updating the public on the case Thursday afternoon.
Source: “AOL Breaking”
