The three Austin police officers who stopped a mass shooting at a crowded college bar may soon find their actions scrutinized behind closed doors.
According to the New York Post, though no charges have been filed, the officers are expected to be presented to a grand jury under a policy adopted by José Garza after he took office in 2021.
Texas attorney Doug O’Connell, whose firm O’Connell West is representing the officers at the request of the Austin Police Association, said the review process is automatic in Austin for any officer-involved shooting.
“The district attorney, at the direction of the Wren Collective, insists on presenting every officer involved shooting to a grand jury,’’ O’Connell said, referencing the Austin-based criminal justice reform group.
“We believe that our clients will face this same process,” he added.
Garza implemented the policy just months after the 2020 death of George Floyd prompted nationwide protests and significant changes in policing practices across the country.
O’Connell criticized the grand jury process in Texas as opaque.
“Grand juries in Texas are secret, meaning only the prosecutors are in the room. The prosecutors control what evidence the grand jury sees, and they have no obligation to present exculpatory evidence,’’ he said.
“We know from other police prosecutions, this one-sided presentation is how the Travis County DA has obtained indictments in the past.
“Every time an officer has to confront a violent criminal they may be indicted if the DA doesn’t like their actions,’’ the lawyer said.
The officers shot and killed Ndiaga Diagne, described as a pro-Iran Senegalese immigrant, after authorities say he opened fire at a popular college bar. The attack left three people dead and 13 others wounded.
Despite social media claims suggesting the officers had already been charged, officials say that is not the case.
“The DA has taken to bringing any officer involved in a shooting case before a grand jury to determine if charges are warranted,” Austin Police Association Detective Christopher Irwin said. “As it stands right now, there are no pending charges against any officers.”
O’Connell declined to identify the officers involved.
“Until we know more about the gunman and his ties, if any, to terrorism, I’m not going to put those officers in any further jeopardy,’’ he said.
For now, the officers await the grand jury’s review as questions surrounding the deadly rampage and its aftermath continue.
