Austin DA Clears Officers in Bar Shooting; Bodycam Video Released

Travis County District Attorney Jose Garza announced Wednesday that no charges will be filed against the three Austin police officers who shot and killed a gunman during an active shooting at Buford’s Backyard Beer Garden early Sunday morning. The decision followed political backlash over Garza's policy of sending all police shootings to a grand jury for review.

The gunman, identified as 53-year-old Ndiaga Diagne, shot a handgun through the window of his vehicle at a crowd enjoying a night out at the bar, killing three people and wounding a dozen others. The officers arrived within minutes of the shooting, around 1:30 a.m., and engaged with Diagne, who had an AR-style rifle and a Quran in his SUV.

In a letter to the police chief, Garza wrote that the three officers' actions 'undoubtedly saved lives and prevented additional injuries.' He stated that the officers were responding to an active shooting in a mass casualty situation and that Diagne was using unlawful deadly force at the time. Based on these facts, Garza's office completed its review and decided not to pursue charges against the officers.

Bodycam video from the incident was released Thursday, showing officers directing bystanders to take cover before engaging with Diagne. Surveillance footage also captured Diagne walking around a parking lot with an AR-15 before opening fire. The 911 audio revealed panicked calls describing the shooting and the need for immediate help.

Garza's announcement came after a day of confusion and political backlash over his office's policy. Republican lawmakers reacted strongly to news that lawyer Douglas O'Connell had been retained by the Austin Police Association to represent the three officers in case of a potential grand jury probe. Texas Governor Greg Abbott posted 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 officers.'

Garza campaigned on a policy to send every police shooting case to a grand jury for review and has done so since he took office in 2021. Critics argue that this policy creates an environment of distrust between law enforcement and the DA's office. Michael Bullock, president of the Austin Police Association, accused Garza of building a 'dysfunctional and distrusting relationship' with law enforcement in Travis County.

O'Connell criticized the mandatory review process for lacking transparency, stating that grand juries in Texas are secret and prosecutors control what evidence is presented. He expressed concern that officers may be indicted if the DA does not approve of their actions. Despite these criticisms, Garza maintains that his office's review process is thorough and necessary to ensure accountability.

The FBI is investigating potential terrorism links due to indicators found in Diagne's vehicle and personal belongings. According to sources, Diagne was wearing a sweatshirt that read 'Property of Allah' and an undershirt with an Iranian flag. Additionally, pictures of Iranian leaders and an Iranian flag were found at his home.

Diagne initially entered the United States in 2000 on a B-2 tourist visa, becoming a lawful permanent resident in 2006 after marrying a U.S. citizen. He became a naturalized U.S. citizen in April 2013.