Texas DA Clears Officers in Austin Mass Shooting Response, Calls Online Charges Speculation 'False'

In a decisive move that ends a brief but intense public debate, the Travis County District Attorney's office announced Wednesday it will not pursue criminal charges against the three Austin police officers who fatally shot a gunman during last weekend's downtown massacre.

District Attorney José Garza, in a letter to Austin Police Chief Lisa Davis, stated his review of the officers' actions is now closed. The shooting occurred as the officers responded to what Garza described as "an active shooting in a mass casualty situation," with the gunman, 53-year-old Ndiaga Diagne, "in the act of using unlawful deadly force."

"For these reasons and based on the facts now known to us, we are closing our review and no action will be taken," Garza wrote in the letter obtained by NBC News.

The announcement served as a direct rebuttal to a swirl of online speculation and criticism from prominent Texas Republicans, including Senator Ted Cruz, who had voiced alarm over the possibility of the officers facing charges. Governor Greg Abbott also intervened, declaring the officers "heroes who saved lives" and asserting his authority over their ultimate fate.

Garza issued a separate statement forcefully pushing back against the rumors. "These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges," he said. "The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes."

The incident unfolded outside Buford's, a popular beer garden in Austin's entertainment district. Diagne, a Senegalese national and naturalized U.S. citizen from nearby Pflugerville, was reportedly wearing clothing with religious and Iranian-flag themed imagery. Authorities continue to investigate a possible motive, including potential terrorism links, noting the attack came a day after U.S. strikes against Iran.

The Austin Police Department is scheduled to provide a further update on the case Thursday afternoon.

Reaction & Analysis

Mark Reynolds, former police sergeant and security analyst: "This was a textbook response to an active shooter. The DA's decision reinforces the legal principle that officers can use deadly force to stop an imminent threat to innocent life. The political noise around this case was a distraction from the real tragedy."

Elena Rodriguez, community advocate with Austin Justice Coalition: "While the immediate legal review is closed, our community is still grieving and has questions. We must have a transparent, independent review of the entire incident—from the response to the shooter's background. Accountability isn't just about criminal charges; it's about understanding how such violence happens and preventing it."

David Chen, political commentator: "Garza had no other legally defensible option here. The evidence was clear. The real story is how certain figures instantly weaponized unfounded speculation to stoke division and rally a base, even before the facts were settled. It's a dangerous politicization of a tragedy."

Sarah Jenkins, local small business owner: "It's outrageous that these heroes had to spend a single second worrying about charges! They ran toward gunfire while everyone else ran away. The DA did the right thing, but the fact this became a political football shows what's wrong with everything today."

This article is based on reporting originally published by NBC News.