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Records: Austin Mass Shooting Suspect’s 2022 Felony Was Reduced And Later Dismissed

Records: Austin Mass Shooting Suspect’s 2022 Felony Was Reduced And Later Dismissed
Austin Police Department released a photo of Ndiaga Diagne as the suspect tied to a March 1 mass shooting.(Fox News)

Public records show Ndiaga Diagne, identified as the gunman in the March 1 Austin mass shooting that killed three and injured 14, previously faced a Dec. 5, 2022 felony hit‑and‑run charge that was reduced to a misdemeanor. He pleaded guilty to a lesser offense, received deferred‑adjudication probation on Jan. 10, 2024, and the misdemeanor was dismissed in July 2024 after he completed probation. Investigators reported finding photographs of Iranian leaders, an Iranian flag and a Quran; the FBI is probing a possible terrorism nexus. Authorities continue to investigate motive and have identified the victims.

On March 1, a mass shooting outside Buford’s Backyard Beer Garden in Austin, Texas, left three people dead — including the suspect — and 14 others injured. Law enforcement has identified the gunman as 53-year-old Ndiaga Diagne, a naturalized U.S. citizen born in Senegal. Investigators are probing motive and say the FBI is examining a possible terrorism nexus.

Prior Hit‑and‑Run Case

Public records obtained by Fox News Digital show Diagne was charged in a Dec. 5, 2022, Washington County crash with a felony count of fail to stop and render aid (resulting in bodily injury), commonly described as a hit‑and‑run. A Texas Highway Patrol investigative report states Diagne’s black Cadillac Escalade merged into another lane, pushed the victim’s car into a center median and struck cable barriers; he then left the scene. License‑plate reader technology later led officers to his vehicle, which reportedly had damage consistent with the crash.

Records: Austin Mass Shooting Suspect’s 2022 Felony Was Reduced And Later Dismissed
Members of the FBI and local law enforcement investigate outside of Buford's on March 1, 2026, in Austin, Texas. Three people were killed and 14 others hospitalized in the mass shooting.

Diagne accepted a plea deal in the case and pleaded guilty to a reduced misdemeanor charge of "accident involving damage to vehicle." On Jan. 10, 2024, a Texas judge placed him on deferred‑adjudication probation — meaning a formal finding of guilt would be avoided if probation terms were completed. Records indicate the misdemeanor was dismissed in July 2024 after he successfully completed probation.

Evidence Recovered After the Austin Shooting

Authorities have said items recovered from Diagne’s residence and vehicle included photographs of Iranian leaders, an Iranian flag, and a Quran. Law enforcement sources also reported that the suspect was wearing a sweatshirt reading "Property of Allah" and an undershirt bearing an Iranian flag during the attack. FBI Acting Special Agent in Charge Alex Doran said investigators are "investigating possible terrorism" but cautioned it is too early to determine an exact motive.

Records: Austin Mass Shooting Suspect’s 2022 Felony Was Reduced And Later Dismissed
Gunned down at Buford’s Backyard Beer Garden in Austin on March 1 were Savitha Shan, 21, Jorge Pederson, 30, and Ryder Harrington,19, according to the Austin Police Department.

Victims and Ongoing Investigation

Officials identified the three people killed as Savitha Shan, 21; Ryder Harrington, 19; and Jorge Pederson, 30. Authorities continue to collect evidence, interview witnesses and coordinate with federal partners as the inquiry proceeds.

This article draws on public records obtained by Fox News Digital, reporting by CBS News, and statements from law enforcement officials. Fox News contributor Bill Melugin also contributed to the reporting.

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