When a shooter opened fire in downtown Austin, officers from the Austin Police Department quickly intervened and stopped him. Following concerns that the police might face charges, Travis County District Attorney José Garza assured the public that this would not happen.
“These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges,” Garza said in a statement on March 3. “The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes.”
Ndiaga Diagne – a 53-year-old Senegal immigrant in a “Property of Allah” shirt – began shooting patrons of Buford’s Bar before 2 a.m. March 1, as The Dallas Express reported. He killed two victims and wounded 14 at the scene, but Austin police responded in 57 seconds and then shot and killed him.
Concerns about a potential prosecution quickly spread online.
Attorney Doug O’Connell said the Austin Police Association had asked his firm to represent the officers. At the time, he suggested they could “face a Grand Jury hearing.”
“We will be with them every step of the way,” O’Connell said.
Austin Police Association President Michael Bullock said officers were not facing charges as of March 3, since the internal investigation was still in the early stages – but that could have changed as the process moved forward.
“However, the DA seems to still intend to put this before a grand jury where anything can happen as the DA controls that process and doesn’t allow APD involvement,” Bullock said at the time.
Should the officers face charges, Republican Gov. Greg Abbott suggested he could intervene on their behalf.
“These police officers are heroes who saved lives,” Abbott said on X. “Whatever the DA does, I will have the final say in the fate of these police officers.”
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. https://t.co/tixPCVWwOY
— Greg Abbott (@GregAbbott_TX) March 3, 2026
The matter also caught the attention of Texas House Speaker Dustin Burrows, Sen. John Cornyn, and Rep. Chip Roy, who all suggested they opposed prosecuting the officers.
It has “long been standing policy” to refer officer-involved shootings in Travis County to a grand jury, said Central Texas Public Safety Commission President Pam Madere on X. She emphasized Garza has “complete discretion.”
“The officers who rushed to save countless lives are heroes to the Austin community and beyond,” Madere said. “The Central Texas Public Safety Commission strongly encourages D.A. Garza not to refer these officers to the grand jury.”
After The Dallas Express reached out for comment, Garza released a statement calling the concerns “false.”
“We are proud to work with our partners at the Austin Police Department every day and are so grateful for the bravery that these officers showed,” Garza said.
“We also grieve with our community members who lost loved ones during this horrendous act of violence and are disgusted by the leaders in Texas using their deaths to score political points.”
