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Austin mass shooting suspect avoided felony in 2022 case, misdemeanor later dismissed after plea deal: docs
By Adam Sabes
Published March 17, 2026
EXCLUSIVE: The gunman in a shooting in Austin, Texas, now being investigated as a possible terror attack, previously faced a felony charge that was reduced to a misdemeanor and later dismissed, according to documents obtained by Fox News Digital.
Ndiaga Diagne, 53, a naturalized U.S. citizen born in Senegal, was identified as the suspect in the March 1 shooting outside Buford’s Backyard Beer Garden shortly before 2 a.m., law enforcement sources told Fox News. According to CBS News, Diagne had pictures of Iranian leaders at his home as well as an Iranian flag. Three people, including the suspect, were killed in the shooting that left an additional 14 people injured, officials said.
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Ndiaga Diagne, 53, killed three people and injured over a dozen more. (KTBC)
Documents obtained by Fox News Digital through a public records request show that Diagne faced a felony fail to stop and render aid (resulting in bodily injury) charge, also known as hit-and-run, in relation to a Dec. 5, 2022, car crash that he was involved in.
According to a Texas Highway Patrol investigative report, Diagne was allegedly driving a Black Cadillac Escalade in Washington County, Texas, when he merged into another lane and pushed the victim's car into a center median and struck several cable barriers.
The victim told authorities at the scene that Diagne was "changing lanes a lot," adding that she "looked right at" the suspect, who she said kept driving. Diagne fled the scene and was located through license plate reader technology, the report added.
When a trooper went to Diagne's residence, he denied any involvement in the crash and said he was traveling to Houston to pick someone up from the airport, according to the incident report, which noted that his car in his driveway had damage consistent with the crash.
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Austin Police Department released a photo of Ndiaga Diagne as the suspect tied to a March 1 mass shooting. (Austin Police Department)
Diagne accepted a plea deal and pleaded guilty to a lesser misdemeanor charge of accident involving damage to vehicle. Diagne pleaded guilty, and a Texas judge placed him on probation under deferred adjudication on Jan. 10, 2024, meaning no finding of guilt would be entered if he successfully completed the probation terms, the records show.
In July 2024, the misdemeanor was dismissed after Diagne successfully completed his probation.
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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. (Brandon Bell/Getty Images)
Law enforcement sources told Fox News that the shooter was wearing a sweatshirt that read "Property of Allah" as well as an undershirt with an Iranian flag during the March 1 shooting. The sources said a Quran was also found in Diagne's car.
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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. (Brandon Bell/Getty Images; @spence.larson/Instagram; Savitha Shan/Facebook; Instagram/@ttubeta)
Savitha Shan, 21, Ryder Harrington, 19, and Jorge Pederson, 30, were killed in the shooting, authorities said during a press conference.
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FBI Acting Special Agent in Charge Alex Doran said during a news conference that investigators are looking into a motive, but said they are investigating possible terrorism.
"Obviously, it's still way too early in the process to determine an exact motivation," Doran said. "But there were indicators that on the subject and in his vehicle that indicate potential nexus to terrorism."
Fox News' Bill Melugin contributed to this report.
https://www.foxnews.com/us/austin-mass-shooting-suspect-avoided-felony-2022-case-misdemeanor-later-dismissed-after-plea-deal-docs