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EXCLUSIVE: The suspect in a recent shooting in Austin, Texas, now under investigation as a potential terror incident, had a prior felony charge that was downgraded to a misdemeanor and subsequently dismissed, as revealed by documents obtained by Fox News Digital.
Law enforcement sources have identified Ndiaga Diagne, a 53-year-old naturalized U.S. citizen originally from Senegal, as the suspect in the March 1 shooting that occurred just before 2 a.m. outside Buford’s Backyard Beer Garden. Reports from CBS News indicate that Diagne had photos of Iranian leaders and an Iranian flag in his home. The tragic event resulted in the deaths of three people, including Diagne, and left 14 others injured, according to officials.
Ndiaga Diagne, aged 53, was responsible for the deaths of three individuals and injuring more than a dozen others.
Documents acquired through a public records request by Fox News Digital reveal that Diagne had previously been charged with a felony for failing to stop and render aid, commonly known as hit-and-run, connected to a car accident on December 5, 2022.
The investigative report from the Texas Highway Patrol details that Diagne was allegedly driving a Black Cadillac Escalade in Washington County, Texas, when he changed lanes, causing the victim’s vehicle to veer into a center median and hit several cable barriers.
The victim told authorities at the scene that Diagne was “changing lanes a lot,” adding that she “looked right at” the suspect, who she said kept driving. Diagne fled the scene and was located through license plate reader technology, the report added.
When a trooper went to Diagne’s residence, he denied any involvement in the crash and said he was traveling to Houston to pick someone up from the airport, according to the incident report, which noted that his car in his driveway had damage consistent with the crash.
Austin Police Department released a photo of Ndiaga Diagne as the suspect tied to a March 1 mass shooting. (Austin Police Department)
Diagne accepted a plea deal and pleaded guilty to a lesser misdemeanor charge of accident involving damage to vehicle. Diagne pleaded guilty, and a Texas judge placed him on probation under deferred adjudication on Jan. 10, 2024, meaning no finding of guilt would be entered if he successfully completed the probation terms, the records show.
In July 2024, the misdemeanor was dismissed after Diagne successfully completed his probation.
Members of the FBI and local law enforcement investigate outside of Buford’s bar in downtown on March 1, 2026 in Austin, Texas. Three people are dead and 14 others hospitalized following a mass shooting. (Brandon Bell/Getty Images)
Law enforcement sources told Fox News that the shooter was wearing a sweatshirt that read “Property of Allah“ as well as an undershirt with an Iranian flag during the March 1 shooting. The sources said a Quran was also found in Diagne’s car.
21-year-old Savitha Shan, 30-year-old Jorge Pederson and 19-year-old Ryder Harrington were identified as the three people who were gunned down at Buford’s Backyard Beer Garden in Austin on March 1, according to the Austin Police Department. (Brandon Bell/Getty Images; @spence.larson/Instagram; Savitha Shan/Facebook; Instagram/@ttubeta)
Savitha Shan, 21, Ryder Harrington, 19, and Jorge Pederson, 30, were both killed in the shooting, authorities said during a Monday press conference.
FBI Acting Special Agent in Charge Alex Doran said during a news conference on Sunday that investigators are looking into a motive, but said they are investigating as possible terrorism.
“Obviously, it’s still way too early in the process to determine an exact motivation,” Doran said. “But there were indicators that on the subject and in his vehicle that indicate potential nexus to terrorism.”