Hays County Criminal District Attorney Kelly Higgins announced that a Hays County grand jury had concluded its review of a Dec. 25, 2022, shooting incident in which San Marcos Police Department officers shot and killed 36-year-old Kyle Lobo.
In a press release, Higgins stated that the grand jury determined the shooting was justified and did not return an indictment.
According to the release, SMPD officers were called shortly after midnight to a residence at The Grand at Stone Creek Apartments, 490 Barnes Drive.
According to the press release, the officers stated that they were advised that Lobo had been drinking and was armed with a handgun. During the incident, both responding officers stated they had on body-worn cameras that recorded the incident following their arrival on scene.
Officers stated that they initially encountered Lobo in an outdoor breezeway and personally observed that he had a firearm on his waist.
When he saw the officers, Lobo then retreated upstairs with his young daughter in his arms, police stated.. Multiple officers then followed Lobo, repeatedly requesting that he allow them to disarm him. At this point, police said Lobo was advised to not reach for the weapon. Lobo then handed his daughter off to an occupant of the apartment where the disturbance was underway, and drew his weapon. In self-defense, two SMPD officers fired, and Lobo died as a result of the shooting, the press release stated.
The Texas Rangers conducted the shooting investigation.
“A grand jury is composed of 12 citizens from Hays County and serves as an independent voice of the community,” Higgins said. “The Hays County Criminal District Attorney’s Office presented the results of the investigation. After hearing the evidence, the grand jury determined that the conduct of the officers was justified under the law and voted not to indict. This matter is now closed.”
Higgins added, “We would like to thank the Texas Rangers for their prompt and thorough investigation.”
Lobo was a former SMPD officer who had been charged with assault family violence and injury to a child in October 2022. He resigned the same month as the incident in lieu of termination, according to the press release.
