Texas DA Clears Officers in Bar Shooting, Bodycam Footage Set for Release Amid Terrorism Probe
AUSTIN, Texas — Body camera footage from a mass shooting that left three dead and over a dozen injured in Austin’s entertainment district will be released to the public on Thursday, officials confirmed. The announcement comes as Travis County District Attorney José Garza concluded his review of the incident, declining to bring the officers involved before a grand jury.
The decision marks a departure from a controversial policy implemented by Garza’s office in 2021, which mandated grand jury review for all officer-involved shootings. In a statement Wednesday, Garza’s office said it had formally concluded its review of the June 9th shooting on Sixth Street and “will take no action against the three officers who stopped the shooting.”
The suspect, 53-year-old naturalized U.S. citizen Ndiaga Diagne, opened fire outside Buford’s Backyard Beer Garden shortly before 2 a.m. last Sunday. Police say Diagne used his vehicle as a platform, activating hazard lights before shooting through the window at patrons on the patio. He later exited the car and continued firing before being fatally shot by responding officers.
Victims were identified as Savitha Shan, 21; Ryder Harrington, 19; and Jorge Pederson, 30, authorities said Monday.
The FBI’s Joint Terrorism Task Force is investigating potential ideological motives. Law enforcement sources told Fox News that Diagne was wearing clothing with religious and Iranian symbols, and materials consistent with extremist ideology were recovered from his vehicle and residence.
Garza previously praised the officers as “heroes” for ending the attack. His latest decision, however, has ignited debate over prosecutorial discretion and police accountability.
Policy Shift Under Scrutiny
Since 2021, Garza’s office had presented every officer-involved shooting to a grand jury—a policy critics attribute to influence from the Wren Collective, a criminal justice reform group that supports progressive prosecutors. Austin Police Association President Michael Bullock noted this is the first exception to that rule.
“The reality is APD officers are more afraid of the DA targeting them than a gunman shooting at them,” Bullock told Fox News Digital, expressing frustration over the prolonged review process.
National Police Association spokesperson Sgt. Betsy Brantner Smith criticized the mandatory grand jury policy as a “secret process controlled by the prosecutor,” arguing internal investigations are more appropriate for evaluating police use of force.
Conversely, criminal justice reformers have defended the policy as a transparency measure, though some acknowledge the unique circumstances of this case—where officers confronted an active shooter—warranted a different approach.
Community Reaction
Marcus Chen, 42, a software engineer who lives near Sixth Street: “Seeing the footage will be hard, but it’s necessary for transparency. The DA’s decision seems right here—these officers ran toward gunfire. We should be thanking them, not second-guessing.”
Rebecca Vance, 58, community organizer and police accountability advocate: “This sets a dangerous precedent. The policy was there for a reason—to remove bias. Why have a rule if you abandon it when it’s politically convenient? This isn’t justice; it’s selective enforcement.”
David Park, 35, bartender on Sixth Street: “I knew one of the victims. This wasn’t some ‘officer-involved shooting’—it was a massacre stopped by heroes. Releasing the video will show how chaotic it was. The DA made the only call he could.”
Lena Rodriguez, 29, graduate student at UT Austin: “Garza folded to political pressure, plain and simple. He built his career on holding police accountable, but when a case gets national attention and a ‘terrorism’ label, suddenly the rules change? It’s hypocrisy that undermines trust in the entire system.”
The release of bodycam footage Thursday is expected to provide the public with a clearer picture of the chaotic 90-second confrontation that ended the deadliest shooting in recent Austin history.