AUSTIN, Texas — Travis County District Attorney José Garza said Wednesday that he will not pursue charges against the three Austin police officers who shot and killed the gunman responsible for a weekend mass shooting that left three people dead and 14 injured.
In a letter to Austin Police Chief Lisa Davis, Garza said the review of the officers’ actions is complete and “it is clear and indisputable that at the time the officers were responding to an active shooting in a mass casualty situation, and that the subject of the shooting was in the act of using unlawful deadly force.”
The statement followed online speculation and criticism, including from Sen. Ted Cruz and Texas Governor Greg Abbott, that the officers might face charges. Garza called claims that his office was considering charges “false” and “intentionally false.”
The shooting occurred outside Buford’s, a beer garden in downtown Austin. Authorities identified the gunman as Ndiaga Diagne, 53, a Senegalese national and U.S. citizen living in Pflugerville. Officials said Diagne wore a sweatshirt referencing “Property of Allah” and a shirt with an Iranian-flag theme at the time of the attack. Authorities are investigating whether the shooting was an act of terrorism.
Austin police plan to provide an update on the investigation on Thursday afternoon.
