Travis County DA Clears Austin Officers Who Stopped Terror Attack, Pushes Back on Grand Jury Speculation

Travis County DA Declares No Charges Against Officers in Austin Terror Attack Shooting

Travis County District Attorney José Garza has publicly confirmed that his office will not pursue any criminal charges against the Austin police officers who fatally shot a gunman during what authorities believe was a terror attack. The incident left three people dead and 13 others wounded, prompting widespread praise for the officers — and unexpected controversy surrounding a mandatory grand jury review policy.

DA Garza Responds to Mounting Criticism

Garza released a firm statement following remarks by Texas Governor Greg Abbott, who suggested he would ultimately hold authority over the officers' legal fate regardless of the DA's decisions.

"These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges," Garza stated. "The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes."

The controversy emerged after it was revealed that, under a policy Garza implemented in 2021, all officer-involved shootings and serious use-of-force incidents are automatically referred to a grand jury for review. Critics argued this policy unnecessarily subjected the officers to legal scrutiny following a clear-cut act of heroism.

The Attack: What Happened at Buford's Backyard Beer Garden

In the early hours of Sunday morning, Austin police officers responded to a mass shooting at Buford's Backyard Beer Garden. The suspected gunman, identified as Ndiaga Diagne — a 53-year-old naturalized U.S. citizen originally from Senegal — opened fire at the establishment, killing three individuals:

• Savitha Shan, 21
• Jorge Pederson, 30
• Ryder Harrington, 19

Officers engaged and fatally shot Diagne, preventing further casualties. Sources have since reported that Diagne was wearing a shirt bearing the Iranian flag during the attack, adding fuel to investigations into a potential terror motive.

The 2021 Grand Jury Review Policy Under Fire

The mandatory grand jury review policy that Garza introduced has drawn sharp criticism from law enforcement advocates, attorneys, and Republican lawmakers alike.

The Wren Collective Connection

Doug O'Connell, an attorney with the firm O'Connell West — retained by the Austin Police Association to represent the officers — claimed the policy was driven by outside influence. Specifically, he pointed to the Wren Collective, a progressive criminal justice reform nonprofit composed largely of former public defenders.

"It's my belief that the Wren Collective has directed the district attorney to review officer-involved cases this way," O'Connell told reporters. "They seem very anti-law enforcement."

The Wren Collective's founder, Jessica Brand, pushed back on that characterization. In a statement, she praised the officers' response during the attack.

"The officers did heroic work and stopped what could have been an even bigger tragedy. As an Austin resident, I thank them," Brand said, while also expressing condolences for the victims and their families.

Officers Forced to Weigh Life-or-Death Decisions Against Legal Risk

O'Connell argued that the policy places an unfair psychological burden on officers responding to dangerous situations.

"Every time an officer is dispatched to a violent criminal call, they've got to be thinking: 'I could be killed, or, depending on how this goes, I could be indicted,'" he said.

He also raised concerns about the lack of transparency inherent in grand jury proceedings, noting that defense attorneys are barred from presenting evidence or even being present during reviews. "Nothing about it is fair or balanced. The district attorney holds all the power when it comes to grand juries," O'Connell explained.

Governor Abbott Weighs In

Governor Greg Abbott took to social media platform X to praise the officers and signal his willingness to intervene if necessary.

"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," Abbott wrote.

His comments underscored the political tension surrounding the case and highlighted broader debates about prosecutorial authority and law enforcement accountability in Texas.

Republican Lawmakers Condemn the Policy

Texas state Representative Mitch Little — a Republican who previously served as the impeachment attorney for Texas Attorney General Ken Paxton — was blunt in his assessment of the mandatory review policy.

"The only explanation for that is a leftist ideological bent on the part of the district attorney's office," Little said, arguing there was no legitimate legal basis for subjecting every officer-involved shooting to grand jury scrutiny.

Police Union Calls for an End to Prolonged Reviews

Michael Bullock, president of the Austin Police Association, echoed the frustration shared by many in law enforcement. He argued that sufficient publicly available information already made clear that a grand jury was unnecessary in this case.

"There's no need to subject these officers to that, especially since it's taking the DA over a year in almost every case to present these to the grand jury," Bullock wrote on X. "That's way too long and added stress for officers who have already been through a lot."

A Case That Reflects Broader National Tensions

The Austin shooting and its political aftermath reflect the ongoing national debate over balancing law enforcement accountability with officer protections. Garza's 2021 policy was introduced amid the wave of criminal justice reform demands that followed the death of George Floyd in Minneapolis — a period that also saw widespread calls to defund police departments across the country.

While DA Garza has made it unequivocally clear that no charges will be brought against the officers, the very existence of the mandatory review process continues to ignite debate about prosecutorial priorities and the treatment of law enforcement personnel in high-stakes situations.