HAYS COUNTY, Texas (KXAN) — A grand jury did not return an indictment for two officers involved in a December 2022 deadly shooting, Hays County Criminal District Attorney Kelly Higgins said in a news release. The grand jury determined the shooting was justified.

Shortly after midnight, Dec. 25, 2022, San Marcos police officers were dispatched to an apartment complex at 490 Barnes Drive in reference to a disturbance, the release said.

Officers were told 36-year-old Kyle Lobo was at the home, drinking and armed with a handgun, the release said. Responding officers also wore body cameras that recorded the incident that occurred as they arrived on the scene.

Officers first saw Lobo in an outdoor breezeway and saw he had a firearm on his waist, the release said. When Lobo saw officers, he went upstairs with his young daughter in his arms. According to the release, multiple officers followed Lobo and repeatedly requested he allow them to disarm him and told him to not reach for the weapon.

Then, Lobo handed his daughter off to someone inside the apartment and drew his weapon, the release said.

Two SMPD officers fired at Lobo, and he died as a result of the shooting, the release said. Furthermore, the Texas Rangers conducted an investigation into the shooting.

According to officials, Lobo was a former SMPD officer. In October 2022, he was charged with assault family violence and injury to a child. Lobo resigned the same month in lieu of termination, the release said.

“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.”