SAN MARCOS – Hays County Criminal District Attorney Kelly Higgins announced today that a Hays County Grand Jury concluded its review of the December 25, 2022, shooting incident in which San Marcos police officers shot and killed 36-year-old Kyle Lobo.

The Grand Jury determined the shooting was justified and did not return an indictment in the matter.

Shortly after midnight on December 25, 2022, SMPD officers were dispatched to an apartment complex at 490 Barnes Dr. regarding a disturbance involving Lobo. Officers were advised that Lobo had been drinking and was armed with a handgun. The responding officers had body-worn cameras that recorded the incident that occurred upon their arrival.

Officers initially encountered Lobo in an outdoor breezeway and observed that he had a firearm on his waist.

When he saw the officers, Lobo retreated upstairs with his young daughter in his arms. Multiple officers followed Lobo and repeatedly requested that he allow them to disarm him. He was advised to not reach for the weapon. Lobo then handed his daughter off to the occupant of the apartment where the disturbance occurred and drew his weapon to confront the officers. Two SMPD officers fired and Lobo died as a result of the shooting.

The Texas Rangers conducted the investigation into the shooting.

Kyle Lobo was a former SMPD officer. In October 2022, he was charged with assault family violence and injury to a child. He resigned that same month in lieu of termination.

“A grand jury is composed of twelve 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.”

“We would like to thank the Texas Rangers for their prompt and thorough investigation,” he added.