A Hays County Grand Jury determined that officers were justified in their actions involving an officer-involved shooting in Buda last year, according to a press release from Hays County District Attorney Kelly Higgins.
On Tuesday, Sept. 5, 2023, a Buda police officer started a traffic stop on a vehicle around 4 a.m. on the northbound frontage road of Interstate 35. During that stop, the driver, later identified as Lee Elsbury, exited his vehicle with a firearm and a Buda police officer fired at him. Elsbury 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 the gunfire on the side of the frontage road but survived. He has been charged with multiple felonies, including aggravated assault against a public servant, escape custody - threat of a deadly weapon and unlawful possession of a firearm by a felon, which are still pending.
Two Buda police officers and three Hays County Sheriff’s deputies fired weapons during the pursuit. The Texas Rangers assisted with the investigation. The grand jury was presented with the results of that investigation and found that their actions were justified under Texas law on Feb. 7.
