Travis County DA Skips Grand Jury, Declines Charges for Austin Officers in Buford’s Bar Mass Shooting as FBI Probes Possible Terror Motive
Following an early‑morning mass shooting outside Buford’s Backyard Beer Garden on Austin’s Sixth Street that left three dead and 14 wounded, officers fatally shot 53‑year‑old Ndiaga Diagne after he reportedly fired from an SUV and then continued shooting with a rifle on the patio. The FBI is investigating possible terrorism indicators tied to Diagne (including clothing and items with Iranian symbols found at his home), while Travis County District Attorney José Garza said he will not seek charges or send the three officers to a grand jury, breaking his prior policy.
📌 Key Facts
- The mass shooting occurred just before 2 a.m. outside Buford’s Backyard Beer Garden on Sixth Street in downtown Austin; three people were killed and 14 others were wounded.
- Officials say the shooter, identified by federal sources as 53-year-old Ndiaga Diagne (born in Senegal, living in Pflugerville), circled the bar multiple times, fired a pistol from his SUV at people on the patio and sidewalk, then parked, exited with a rifle and continued shooting until officers killed him.
- Austin police say three officers arrived almost immediately (a 911 call was placed at 1:39 a.m.; responders arrived within about 57 seconds) and opened fire, killing the gunman within roughly a minute of the first call; body‑camera footage is scheduled for public release.
- Federal investigators, led by the FBI, are probing the attack as a possible act of terrorism based on 'indicators' found on the gunman and in his vehicle and residence, but officials say it is too early to determine motive and no terrorism attribution or charges have been announced.
- Items recovered and published images show the shooter wearing a hoodie reading 'Property of Allah' and a T‑shirt with an emblem resembling the Iranian flag; authorities and CBS report an Iranian flag and photos of Iranian regime leaders were also found in his apartment — some outlets note investigators are considering a possible link to recent U.S.–Israeli strikes on Iran, but that remains unproven.
- Law‑enforcement and public‑safety context: sources say Diagne had documented mental‑health issues and a limited criminal history (including a 2022 Texas arrest after a vehicle collision); officials emphasize investigators are examining the totality of evidence to determine motive.
- Travis County District Attorney José Garza announced he will not seek charges against the three officers and will not send the case to a grand jury, breaking his 2021 practice of referring every officer‑involved shooting to grand jury review; Garza called suggestions he would prosecute 'intentionally false' and labeled the officers 'heroes.'
- The shooting prompted immediate political and security responses: Gov. Greg Abbott ordered increased state patrols in downtown Austin; President Trump was briefed; conservatives (including Sen. Ted Cruz and Rep. Andy Ogles) criticized the DA and some urged tighter immigration restrictions; local leaders and victims’ families have issued condolences, with at least one victim publicly identified as Texas Tech student Ryder Harrington.
📰 Source Timeline (14)
Follow how coverage of this story developed over time
March 05, 2026
1:00 PM
Austin bar shooting bodycam due out as DA makes major call about cops who shot suspected terrorist
New information:
- Garza’s office confirms it will take no action against the three officers and will not present the case to a grand jury, breaking his 2021 policy that all officer‑involved shootings go to grand juries.
- Body‑camera video from the Austin mass shooting is scheduled for public release on Thursday.
- Austin Police Association President Michael Bullock says APD officers are "more afraid of the DA targeting them than a gunman shooting at them" and notes this is the first officer‑involved shooting Garza has not sent to a grand jury.
- Defense attorney Doug O’Connell claims Garza’s 2021 grand‑jury policy was instituted at the direction of reform group Wren Collective, which he says funds progressive prosecutors.
- National Police Association spokesperson Sgt. Betsy Brantner Smith criticizes use of grand juries in such cases as a prosecutor‑controlled "secret process" and labels Garza "one of the most anti‑police" DAs.
12:30 PM
MAGA hardliner pushes ban on immigration from Islamic countries, US adversaries in wake of Texas shooting
New information:
- Rep. Andy Ogles cites the Austin shooting by suspected gunman Ndiaga Diagne as part of his rationale for a new immigration‑ban bill.
- The article details that Diagne was found wearing a hoodie reading 'property of Allah,' and that an Iranian flag and photos of Islamic leaders were recovered from his home.
- Austin Police Chief Lisa Davis says investigators are considering 'the totality' of recent events, including the U.S.–Israeli strike killing Iran’s Ayatollah Ali Khamenei, as they evaluate Diagne’s motive.
March 04, 2026
8:29 PM
Officers who killed Austin gunman won't face charges
New information:
- Travis County District Attorney José Garza explicitly stated he will not seek charges against the three Austin police officers who shot and killed gunman Ndiaga Diagne.
- Garza said the officers will not even be sent to a grand jury, despite his standing policy since 2021 of sending every police shooting to a grand jury for review.
- He called reports that he might pursue charges 'intentionally false' and 'political in nature' and publicly labeled the officers 'heroes.'
- Sen. Ted Cruz and Gov. Greg Abbott had publicly attacked the idea of a possible grand jury review; Abbott said that 'whatever the DA does, I will have the final say in the fate of these officers.'
- Austin Police Association president Michael Bullock said the DA has created a 'dysfunctional and distrusting relationship' with law enforcement, even while welcoming his no‑charges statement.
March 02, 2026
7:19 PM
Texas college student identified among victims in Austin bar shooting probed as possible terror attack
New information:
- Confirms one of the people killed is Ryder Harrington, a Texas Tech University student and member of the Beta Theta Pi fraternity, as identified by his fraternity’s GoFundMe tribute.
- Includes reaction from Texas House Speaker Dustin Burrows, who notes Harrington was the brother‑in‑law of a member of his political team and describes him as a 'beloved' young man who 'made a difference without even trying.'
- Adds public condolences and description from Texas Tech Chancellor Emeritus and former state senator Kent Hance, who called Harrington’s killing a murder by 'a terrorist'.
4:58 PM
Photo shows slain Texas gunman with Iranian symbol on his T-shirt
New information:
- CBS obtained and published a photo showing gunman Ndiaga Diagne wearing a T‑shirt with a design similar to the Iranian flag under a hoodie that read 'Property of Allah.'
- U.S. officials confirm Diagne was a Senegalese‑born immigrant who arrived on a tourist visa in 2000, gained a green card in 2006 through marriage to a U.S. citizen, and naturalized as an American in 2013.
- Sources familiar with the investigation say Diagne had a history of mental‑health issues, in addition to a prior 2022 Texas arrest stemming from a car collision.
3:17 PM
What we know on the Austin bar shooting that may be linked to Iran war
New information:
- CBS segment emphasizes that more details about the suspect are emerging that 'may indicate' a link to recent U.S.–Israeli strikes on Iran, underscoring that any Iran connection remains preliminary and unproven.
- It characterizes the Iran angle explicitly as a 'potential' or 'apparent' link under FBI investigation rather than a confirmed state‑directed attack.
- Reiterates that federal investigators are scrutinizing items recovered from the suspect and his residence for ideological or foreign‑influence clues, but no formal terrorism charges or attribution have been announced.
3:30 AM
Austin shooting suspect wore Iranian flag shirt during attack, sources say
New information:
- Authorities executing a search of the suspect’s apartment found an Iranian flag and photos of Iranian regime leaders, according to CBS News.
- Law enforcement sources say the gunman was wearing a sweatshirt reading 'Property of Allah' and an undershirt featuring an Iranian flag during the attack.
- Fox News identifies the suspect’s immigration history: entered the U.S. on a B‑2 tourist visa in 2000, became a lawful permanent resident in 2006 via marriage to a U.S. citizen, and naturalized in 2013; his known criminal record is limited to a 2022 Texas arrest for collision with vehicle damage.
- Austin’s police chief provided additional detail on the shooting sequence, saying the gunman first used a pistol from his car window, then parked and continued firing with a rifle.
- The article confirms the death toll as three killed and 14 wounded, refining the earlier casualty count.
1:10 AM
Deadly Austin bar shooting investigated as possible terror attack
New information:
- CBS segment explicitly states that the FBI is investigating the Austin shooting as a possible terror attack, reinforcing the federal framing.
- Confirms the venue context as a bar in Austin in the network’s own words, aligning with existing details about the Sixth Street nightlife area.
- Adds that the case is being handled with a terrorism lens significant enough to be the focus of a national TV package.
March 01, 2026
9:34 PM
Mass shooting at Austin bar leaves 2 dead, 14 injured
New information:
- Confirms updated casualty count of 2 dead and 14 injured, with three hospitalized in critical condition.
- Details the shooter’s specific tactics: circling the block multiple times, turning on flashers, and firing from a vehicle at patrons on Buford’s Bar patio.
- Attributes the terrorism-nexus line to FBI Special Agent Alex Doran with a fuller quote clarifying it is still too early to determine motive.
- Notes that President Donald Trump has been briefed on the incident, adding White House awareness.
- Reports Gov. Greg Abbott’s directive ordering the Texas Military Department, DPS and Texas National Guard to intensify patrols and increase law-enforcement presence in downtown Austin.
- Includes public statements from Democratic Senate candidates James Talarico and Jasmine Crockett calling for policy action beyond 'thoughts and prayers.'
6:32 PM
Deadly Austin shooting that killed 3 may be 'act of terrorism,' FBI says
New information:
- Federal law‑enforcement sources identify the suspect as a 53‑year‑old naturalized U.S. citizen born in Senegal and living in Pflugerville, Texas.
- Sources say the shooter wore outer clothing bearing the word 'Allah' and an undershirt with an Iranian flag.
- Additional detail on the attack pattern: police say he circled the block several times, turned on his hazard lights, then opened fire with a pistol from his SUV before parking, exiting with a rifle and continuing to shoot.
- Local business owner describes chronic weekend disorder outside specific Sixth Street bars, saying there is 'chaos in front of that bar every weekend,' highlighting ongoing safety problems on the strip.
5:18 PM
Shooting outside Austin bar leaves 3 dead and 14 injured, FBI investigates possibility of terrorism
New information:
- FBI acting special agent in charge Alex Doran confirmed the shooting is being investigated as a potential act of terrorism because of unspecified 'indicators' found on the gunman and in his SUV.
- Police described the suspect’s movements in more detail: he repeatedly drove past Buford’s Backyard Beer Garden, fired a pistol from his SUV at people on the patio and sidewalk, then parked, exited with a rifle, and continued shooting until officers killed him.
- Officials specified that the incident occurred just before 2 a.m. outside Buford’s on Austin’s Sixth Street, a well‑known nightlife strip a few miles from the University of Texas.
5:18 PM
Suspect in Texas bar shooting wore 'Property of Allah' clothing and Iranian flag emblem according to AP source
New information:
- AP identifies the suspect as 53‑year‑old Ndiaga Diagne, originally from Senegal and a naturalized U.S. citizen who came to the U.S. in 2006, citing sources briefed on the investigation.
- Sources tell AP the gunman wore a sweatshirt reading 'Property of Allah' and another shirt with an Iranian flag design.
- AP reiterates and slightly refines the sequence of the attack: Diagne drove past Buford’s Backyard Beer Garden several times, fired a pistol from his SUV at people outside the bar, then parked, exited with a rifle, and continued shooting before being killed by Austin police within about a minute of the first call.
2:55 PM
Austin Police Kill Armed Gunman After 3 Die, 14 Wounded Bar Shooting
New information:
- Identifies the specific venue as Buford’s Backyard Beer Garden on West Sixth Street in downtown Austin.
- Confirms that three Austin police officers opened fire and killed the armed male suspect when they arrived on scene.
- Details response timing: 911 call at 1:39 a.m. and paramedics/officers arriving within 57 seconds.
- Notes that three of the 14 injured victims were in critical condition at local hospitals.
- Includes on-the-record praise from Austin Mayor Kirk Watson and EMS Chief Robert Luckritz for the rapid emergency response.
- Provides local business-owner testimony about recurring weekend chaos and safety concerns outside certain bars on Sixth Street.