AUSTIN, Texas — A grand jury has cleared two San Marcos police officers involved in a fatal shooting in December 2022.
On Wednesday, Hays County Criminal District Attorney Kelly Higgins said the grand jury determined the Dec. 25, 2022, shooting was justified and did not return an indictment.
Shortly after midnight on Dec. 25, San Marcos police were called to an apartment complex at 490 Barnes Dr. following a disturbance involving 36-year-old Kyle Lobo. It was reported Lobo had been drinking and was armed with a handgun. The incident was recorded on the officer’s body-worn cameras.
Officers first encountered Lobo in an outdoor breezeway and saw he had a firearm on his waist, according to Higgins. When he saw the officers, Lobo retreated upstairs with his young daughter in his arms.
Officers told Lobo not to reach for his weapon and to allow them to disarm him. Lobo then passed his daughter off to the resident of the apartment where the disturbance occurred and drew his gun. The two officers fired, and Lobo died as a result of the shooting.
The Texas Rangers conducted an investigation into the shooting.
Lobo was a former San Marcos Police Department (SMPD) officer that was arrested in October 2021. Lobo was accused of headbutting his wife and punching and kicking an 11-year-old child, according to records. On the day Lobo was arrested, he resigned from SMPD and received a dishonorable discharge.
“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.”