Ndiaga Diagne

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 26-167-UF Version Type: VERSION Report Date: 3/4/2026 1:55 PM Status: Submitted Agency/Facility Information Agency Name: Austin Police Dept. Agency Address: PO BOX 689001 Agency City: Austin Agency State: TX Agency Zip: 78768 Director Information Director Salutation: Chief Director First Name: Lisa Director Middle Name: Director Last Name: Davis Reporter Name: Becky Briegel Reporter Email: [email protected] Decedent Information Identity of Deceased Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- First Name: Ndiaga Middle Name: Last Name: Diagne Suffix: Date of Birth: 1/2/1973 Sex: Male Black or African Race: American Age At Time Of Death: 53 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 3/1/2026 2:01 AM Incident: Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): Death Date and Time: 3/1/2026 2:48 AM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results Evaluation?: pending What was the manner of death? (select only one) Pending autopsy Manner of Death: results Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Medical Cause of Death: Medical Cause of Death: Pending autopsy results Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Handgun; death?: Rifle/shotgun Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Location / Custody Information Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Where did the event causing the death occur? W. 6th Street/West Street Address: City: Austin Ave County: Travis Zip: 78701 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: N/A What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Scene of incident General Information Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: No What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Capital Murder Offense 2: Offense 3: Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Violent Crime Type of Offense: Against Persons At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Discharged firearm Weapon Details: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Yes (select all that Attempt to Injure Others?: apply) Attempted to injure law enforcement personnel; Killed civilian(s) or other Ways Decedent Attempted To inmate(s); Injured Injure Others: civilian(s) or other Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- inmate(s); Attempted to injure civilian(s) or other inmate(s) At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Unknown Make suicidal statements?: Unknown drugs): Exhibit any mental health Unknown Exhibit any medical problems?: No problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or No N/A standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to Unknown No including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On March 1, 2026, at approximately 1:58 am, Austin 911 received multiple calls regarding a shooting/active shooter at Buford’s bar, located at 700 W. 6th St. The suspect, later identified as Ndiaga Diagne, pulled alongside Buford’s, fired a pistol into the crowd, and drove away. Two civilian victims were struck and killed by the gunfire and multiple others sustained varying ranges of injuries. Austin Police and EMS arrived and located multiple victims suffering from gunshot wounds. Diagne drove away from Buford’s and parked his vehicle in the parking lot at W. 6th St. and Wood St. He exited his vehicle with a rifle and fired at a pedestrian in the parking lot. The pedestrian was struck by gunfire Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- and later transported to the hospital. Diagne also fired at businesses and vehicles in the area. Diagne walked eastbound from the parking lot on W. 6th street carrying the rifle. As additional officers arrived, they were directed to Diagne’s location and worked to move bystanders to safety and establish a secure perimeter. At approximately 2:03 am, Diagne encountered officers at W. 6th St and West Ave. Two officers were approaching Diagne on W. 6th St. The other officer was approaching Diagne from West Ave heading towards 6th Street. Diagne fired at the two officers approaching on 6th St and the three officers returned fire, striking and killing Diagne. As of March 2, 2026, the total victim count is 16 surviving and 3 deceased (not counting Diagne). Custodial Death Report :: Page 7 of 7