SAN MARCOS, Texas – Hays County Criminal District Attorney Kelly Higgins announced that a Hays County Grand Jury has reviewed the officer-involved shooting that occurred in Buda in September 2023, and determined that the officers were justified in their actions.
On Tuesday, September 5, 2023, a Buda police officer initiated a traffic stop on a vehicle at approximately 4:00 a.m. on the northbound frontage road of I-35. During that interaction, the driver, later identified at Lee Elsbury, exited his vehicle with a firearm and the Buda police officer fired at him. The driver fled on foot and additional officers responded to the area to assist in searching for him. During the search, Elsbury discharged a weapon and multiple officers returned fire. Elsbury was struck by gunfire on the side of the frontage road but survived. He has been charged with multiple felonies and those cases are pending.
Two Buda police officers and three Hays County Sheriff’s deputies fired weapons during the pursuit. The Texas Rangers were called in to assist with the investigation. This morning, the grand jury was presented with the results of that investigation and found that their actions were justified under Texas law.