Texas District Attorney Decides Against Charging Officers in Terror Attack Response; Mandatory Grand Jury Review Faces Scrutiny

A decision has been made by a progressive district attorney in Texas, sparking discussions on the handling of a tragic event. The district attorney announced that no charges will be pursued against Austin police officers involved in the fatal shooting of a gunman. This gunman was responsible for the deaths of three individuals and injuries to 13 others during a suspected terror attack.

Travis County District Attorney José Garza clarified his stance following a statement from Governor Greg Abbott, who mentioned he would ultimately decide on any potential charges or convictions against the officers in court.

“These officers are heroes,” Garza stated emphatically, “It should be obvious that my office has no intention of bringing charges against them. Any claims suggesting otherwise are false, deliberately misleading, and clearly driven by political motives.”

Garza’s office faced criticism due to a policy implemented in 2021. This policy mandates that all cases involving officer-involved shootings and significant use-of-force incidents be reviewed by a grand jury, which led to speculation about potential legal actions against these officers.

Meanwhile, the Austin Police Department and the FBI continue their investigation into the tragic events that took place at Buford’s on West 6th Street in Austin, Texas, on March 1, 2026. The shooting incident has left the community grappling with the aftermath and seeking answers.

Doug O’Connell, whose law firm O’Connell West has been tapped to represent the officers at the behest of the Austin Police Association, said the review is part of a policy instituted by Garza. 

Garza, O’Connell said, demanded the policy at the direction of the Wren Collective, a progressive criminal justice reform nonprofit that backs liberal DAs and is mainly composed of former public defenders seeking to overhaul the American justice system. 

“It’s my belief that the Wren Collective has directed the district attorney to review officer-involved cases this way,” O’Connell told Fox News Digital. “It seems they’re very anti-law enforcement officers.”

Travis County District Attorney José Garza speaks at a news conference. (Jay Janner/The Austin American-Statesman via Getty Images)

The Austin police officers shot and killed Ndiaga Diagne, a 53-year-old naturalized U.S. citizen born in Senegal, early Sunday after he opened fire at a bar, Buford’s Backyard Beer Garden, killing Savitha Shan, 21, Jorge Pederson, 30, and 19-year-old Ryder Harrington.

Fox News Digital has reached out to Garza’s office.

In a statement to Fox News Digital, Wren Collective founder Jessica Brand thanked the responding officers for their actions, which she credited for saving more lives. 

Ndiaga Diagne, 53, shot and killed two people and injured 14 others, police said. He was wearing a shirt featuring an Iranian flag. (Obtained by Fox News)

“Three people died in a mass shooting last week, more people were harmed, families are grieving and the entire city is in mourning,” she said. “The officers did heroic work and stopped what could have been an even bigger tragedy. As an Austin resident, I thank them, and also those people providing support for the many victims and their loved ones now.”

O’Connell said Garza ran on a campaign of targeting police officers in an anti-police climate. 

The DA instituted the review in 2021 amid calls for greater law enforcement accountability after the death of George Floyd in Minneapolis, which also sparked nationwide calls to defund police agencies. 

In addition to worrying about violence directed at them, officers now have to worry about potential legal action, O’Connell said. 

“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,’” O’Connell said. 

In a post on X, Abbott praised the officers while noting that Garza’s office isn’t the end-all should the officers involved be charged or convicted in court. 

Austin police investigate a shooting on West 6th Street Sunday where three people were shot and killed before the gunman was killed by responding authorities.  (Jay Janner/The Austin American-Statesman via Getty Images)

“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,” he wrote on X. 

Fox News Digital has reached out to Abbott’s office for clarity on his remarks. 

Texas state Rep. Mitch Little, a Republican who formerly served as the impeachment attorney for Texas Attorney General Ken Paxton, told Fox News Digital there was no legal justification to have a grand jury for every single officer-involved shooting.

“The only explanation for that is a leftist ideological bent on the part of the district attorney’s office,” he said. 

Much of the criticism of the mandatory review stems from its lack of transparency, O’Connell said, 

“Nothing about it is fair or balanced. The district attorney holds all the power when it comes to grand juries,” he said, noting that defense lawyers aren’t allowed to be present or present evidence. 

“We know that grand juries have been manipulated because we’ve had to defend officers who have been indicted,” he added. 

Members of the FBI and local law enforcement investigate outside Buford’s bar in the downtown March 1, 2026, in Austin, Texas. Three people are dead and 14 others were hospitalized after a mass shooting early Sunday morning. (Brandon Bell/Getty Images)

Michael Bullock, the president of the Austin Police Association, the union that represents rank-and-file officers, said he believed there was already “sufficient information” that publicly shows a grand jury isn’t necessary. 

“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,” he wrote Tuesday on X. “That’s way too long and added stress for officers who have already been through a lot.”

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