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Tuesday, March 10, 2026

Texas DA Jose Garza not charging Austin law enforcement officials killing bar terrorist Ndiaga Diagne



A progressive Texas district lawyer mentioned he is not going to search fees in opposition to the Austin law enforcement officials who fatally shot a gunman who killed three individuals and injured 13 others in a suspected terror assault amid hypothesis they might doubtlessly face a grand jury.

Travis County District Lawyer José Garza launched a press release after Gov. Greg Abbott mentioned he would ultimately have the ultimate say on whether or not the officers needs to be charged or convicted in courtroom. 

“These officers are heroes, and it ought to go with out saying that my workplace will not be looking for any fees and wouldn’t search fees,” Garza mentioned. “The accounts on the contrary are false, deliberately false, and are being peddled for apparent political functions.”

Garza’s workplace was the topic of criticism after it grew to become recognized that the officers might doubtlessly face a grand jury as a part of a 2021 coverage that each one officer-involved taking pictures instances and severe use-of-force incidents be introduced to a grand jury for assessment.

Doug O’Connell, whose legislation agency O’Connell West has been tapped to signify the officers on the behest of the Austin Police Affiliation, mentioned the assessment is a part of a coverage instituted by Garza. 

Travis County District Lawyer José Garza launched a press release after Gov. Greg Abbott mentioned he would ultimately have the ultimate say on whether or not the officers needs to be charged or convicted in courtroom.  AP
The Austin law enforcement officials shot and killed Ndiaga Diagne, a 53-year-old naturalized US citizen born in Senegal. X/@BillMelugin_

Garza, O’Connell mentioned, demanded the coverage on the path of the Wren Collective, a progressive legal justice reform nonprofit that backs liberal DAs and is especially composed of former public defenders looking for to overtake the American justice system. 

“It’s my perception that the Wren Collective has directed the district lawyer to assessment officer-involved instances this fashion,” O’Connell instructed Fox Information Digital. “It appears they’re very anti-law enforcement officers.”

The Austin law enforcement officials shot and killed Ndiaga Diagne, a 53-year-old naturalized US citizen born in Senegal, early Sunday after he opened hearth at a bar, Buford’s Yard Beer Backyard, killing Savitha Shan, 21, Jorge Pederson, 30, and 19-year-old Ryder Harrington.

Fox Information Digital has reached out to Garza’s workplace.

An Iranian flag shirt Diagne wore beneath his “Property of Allah” sweatshirt. X/camiloreports

In a press release to Fox Information Digital, Wren Collective founder Jessica Model thanked the responding officers for his or her actions, which she credited for saving extra lives. 

“Three individuals died in a mass taking pictures final week, extra individuals have been harmed, households are grieving and the whole metropolis is in mourning,” she mentioned. “The officers did heroic work and stopped what might have been a good larger tragedy. As an Austin resident, I thank them, and in addition these individuals offering assist for the various victims and their family members now.”

O’Connell mentioned Garza ran on a marketing campaign of concentrating on law enforcement officials in an anti-police local weather. 

The DA instituted the assessment in 2021 amid requires larger legislation enforcement accountability after the demise of George Floyd in Minneapolis, which additionally sparked nationwide calls to defund police companies. 

Along with worrying about violence directed at them, officers now have to fret about potential authorized motion, O’Connell mentioned. 

“Each time an officer is dispatched to a violent legal name, they’ve obtained to be considering: ‘I might be killed, or, relying on how this goes, I might be indicted,’” O’Connell mentioned. 

In a submit on X, Abbott praised the officers whereas noting that Garza’s workplace isn’t the end-all ought to the officers concerned be charged or convicted in courtroom. 

“These law enforcement officials are heroes who saved lives. Regardless of the DA does, I’ll have the ultimate say within the destiny of those law enforcement officials,” he wrote on X. 

Austin law enforcement officials work on the scene on West Sixth Road after a taking pictures exterior Buford’s bar in downtown Austin, on March 1, 2026. AP

Fox Information Digital has reached out to Abbott’s workplace for readability on his remarks. 

Texas state Rep. Mitch Little, a Republican who previously served because the impeachment lawyer for Texas Lawyer Normal Ken Paxton, instructed Fox Information Digital there was no authorized justification to have a grand jury for each single officer-involved taking pictures.

“The one clarification for that may be a leftist ideological bent on the a part of the district lawyer’s workplace,” he mentioned. 

A lot of the criticism of the obligatory assessment stems from its lack of transparency, O’Connell mentioned.

“Nothing about it’s honest or balanced. The district lawyer holds all the ability in relation to grand juries,” he mentioned, noting that protection legal professionals aren’t allowed to be current or current proof. 

“We all know that grand juries have been manipulated as a result of we’ve needed to defend officers who’ve been indicted,” he added. 

Michael Bullock, the president of the Austin Police Affiliation, the union that represents rank-and-file officers, mentioned he believed there was already “enough data” that publicly reveals a grand jury isn’t essential. 

“There’s no must topic these officers to that, particularly because it’s taking the DA over a 12 months in nearly each case to current these to the grand jury,” he wrote Tuesday on X. “That’s method too lengthy and added stress for officers who’ve already been by quite a bit.”

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