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Travis County DA Rules Out Charges and Grand Jury Review for Austin Officers in Mass Shooting

The decision follows political pressure over a 2021 practice of sending police shootings to grand juries.

Overview

  • District Attorney José Garza said his office will not seek charges and will not present the officers to a grand jury, calling them heroes and denouncing contrary claims as politically motivated.
  • The move departs from a 2021 Travis County practice of sending officer-involved shootings and serious use-of-force cases to a grand jury for review.
  • The announcement came after public praise for the officers and criticism of a potential grand jury review from figures including Gov. Greg Abbott, who asserted he would have the final say.
  • Police shot and killed the gunman, identified as 53-year-old Ndiaga Diagne, after he opened fire near Buford’s Backyard Beer Garden on West Sixth Street, killing three people and injuring 13.
  • Authorities continue to investigate the attack, with federal involvement reported previously through the FBI’s Joint Terrorism Task Force.