Before the war ended, Santa Anna ordered that a red flag be raised from San Fernando cathedral indicating to the defenders that no quarter would be given. According to the controversial José Enrique de la Peña diary, several of those not killed in the final assault were captured by Colonel Manuel Fernández Castrillón and presented to Santa Anna, who personally ordered their executions. It is speculated that Davy Crockett was one of the six prisoners. De la Peña also states that Crockett attempted to negotiate a surrender with Santa Anna but was turned down on the grounds of 'no guarantees for traitors'. However, there is little evidence to support this.
Still, some people believe that Davy Crockett was killed by Santa Anna's men after the 12 day struggle. A contemporary history summarizes the battle thus: "They fought all one bloody night, until he [Travis] fell with all the garrison but seven;--and they were slain, while crying for quarter!" This history, while not providing proof that Crockett was among those who survived the assault, does corroborate de la Peña's diary entry. However, two eyewitness survivors attested that Crockett did die in the battle. Susanna Dickinson, the wife of an officer, said that Crockett was killed in the assault and that she saw his body between the long barracks and the chapel, and Travis' slave Joe said that he also saw Crockett lying dead with the bodies of slain Mexican soldiers around him.