Hays County Criminal District Attorney Kelly Higgins announced today that a Hays County Grand Jury has concluded its review of the officer-involved shooting incident that occurred in Buda last September. The grand jury determined that the officers involved were justified in their actions.

The incident took place on Tuesday, September 5, 2023, when a Buda police officer conducted a traffic stop on a vehicle around 4:00 a.m. on the northbound frontage road of I-35. The driver, later identified as Lee Elsbury, reportedly exited his vehicle with a firearm, prompting the officer to fire at him. Elsbury then fled on foot, leading to a pursuit involving additional officers.

During the search, Elsbury discharged a weapon, prompting multiple officers to return fire. Elsbury sustained gunshot wounds on the side of the frontage road but survived. He faces multiple felony charges, with the cases currently pending.

Two Buda police officers and three Hays County Sheriff’s deputies were involved in the exchange of gunfire. The Texas Rangers were called in to assist with the investigation.

Following the presentation of the investigation's results this morning, the grand jury found that the officers' actions were justified under Texas law.