Austin mass shooting suspect avoided felony in 2022 case, misdemeanor later dismissed after plea deal: docs

EXCLUSIVE: New details have emerged about the gunman involved in a recent Austin, Texas shooting, now under investigation as a potential terrorist act. According to documents reviewed by Fox News Digital, the suspect had a prior felony charge that was later downgraded to a misdemeanor before being ultimately dismissed.

Ndiaga Diagne, aged 53 and originally from Senegal, but now a naturalized U.S. citizen, has been identified as the shooter in the incident that occurred on March 1. The shooting took place just before 2 a.m. outside Buford’s Backyard Beer Garden, resulting in the deaths of three individuals, including Diagne himself, and injuring 14 others. Law enforcement sources disclosed to Fox News that Diagne had pictures of Iranian leaders and an Iranian flag at his residence, as reported by CBS News.

53-year-old Ndiaga Diagne seen on security video

According to public records obtained by Fox News Digital, Diagne was previously charged with a felony for failing to stop and render aid, commonly referred to as a hit-and-run, stemming from a car accident on December 5, 2022.

The Texas Highway Patrol’s investigative report revealed that Diagne was allegedly driving a black Cadillac Escalade in Washington County, Texas, when he changed lanes, causing another vehicle to crash into the center median and several cable barriers. The victim recounted to officers that Diagne was erratically changing lanes and that she made eye contact with him before he continued driving. Authorities were able to track down Diagne using license plate reader technology, according to the report.

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.

mugshot-like photo of Ndiaga Diagne

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.

Members of the FBI perform and local law enforcement investigate outside of Buford's bar

Members of the FBI and local law enforcement investigate outside of Buford’s bar in downtown on March 1, 2026 in Austin, Texas. Three people are dead and 14 others hospitalized following a 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.

The Austin, Texas shooting victims

21-year-old Savitha Shan, 30-year-old Jorge Pederson and 19-year-old Ryder Harrington were identified as the three people who were gunned down at Buford’s Backyard Beer Garden in Austin on March 1, 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 both killed in the shooting, authorities said during a Monday press conference.

FBI Acting Special Agent in Charge Alex Doran said during a news conference on Sunday that investigators are looking into a motive, but said they are investigating as 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.”

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