Travis County District Attorney Jose Garza has put an end to a recent controversy surrounding whether Austin Police officers who shot and killed Ndiaga Diagne, ending the downtown shooting, would face criminal charges. After concerns that Garza would present the case to a grand jury circulated on social media, Garza issued a statement that his office will not seek charges.
In a recent statement, Garza commented on the actions of the officers, saying, “These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges. The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes.”
The controversy began after several social media posts on X asserted that Garza would present the case to the grand jury by Austin Police Association President Michael Bullock. In his post, Bullock believed the need to bring the issue to a grand jury wasn’t necessary due to the information and evidence revealed shortly after the shooting, adding, “There is 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. That’s way too long and added stress for officers who have already been through a lot.”
Texas Governor Greg Abbott added to the post in a subsequent report, saying, “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’s pledge was likely a reference to the Governor’s ability to grant pardons under the state’s constitution and as regulated by state law.
Abbott has used his authority to undo the work of District Attorney Garza. In July 2023, Abbott pardoned Daniel Perry, who was convicted by Garza’s prosecutors for the murder of Garrett Foster, a Black Lives Matter demonstrator in Austin months earlier. Perry claimed self-defense in the case where he alleged Foster aimed an AK-47 style rifle at him after other protesters had stopped his car as he attempted to move through the capital city’s downtown area.
Abbott requested the Texas Board of Pardons and Paroles to examine the circumstances of Perry’s conviction and consider a pardon recommendation. In July 2023, the board recommended Abbott pardon Perry, who had been sentenced to 25 years in prison. Abbott issued the pardon, which Garza unsuccessfully attempted to appeal.
As reported by Breitbart Texas, Sunday’s shooting has taken the lives of three victims, two who died at the scene and an additional victim who succumbed to his injuries at an area hospital days later.
The gunman, identified as 53-year-old Ndiaga Diagne, was killed by police within a minute of opening fire on a crowd of mostly college students at Buford’s Backyard Beer Garden in the downtown Austin entertainment district.
The FBI Joint Terrorism Task Force is leading the investigation into the motive for Sunday’s shooting. The task force took the lead after initial evidence discovered in the immediate aftermath of the shooting showed “indicators of a potential nexus to terrorism,” according to the FBI.
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.
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