Texas officer accused of fatally shooting his brother, a deputy

Rocky Lee, left, and Robert Lee, right

KHOU

STAGECOACH, Texas -- A Texas police officer who initially told police he shot at a home burglar is now accused of fatally shooting his brother, who was a deputy sheriff, reports CBS affiliate KHOU. The Montgomery County Sheriff's Office says 59-year-old Robert Lee was arrested early Saturday for the shooting death of his brother, 57-year-old Harris County Deputy Rocky Lee.

Rocky Lee was found shot dead Friday in the bathroom of his home in Stagecoach, about 30 miles northwest of Houston, reports the Houston Chronicle. 911 audio obtained by the paper indicates Robert Lee identified himself as a Stagecoach police officer to dispatchers and said he had fired five rounds at a man who broke into his home. But officials later said there had been no burglary and identified the victim as his brother Rocky Lee.

"The exact circumstances surrounding the shooting are under investigation," Montgomery County Sheriff's Office spokesman Scott Spencer told the Chronicle. "We don't believe there was a burglary at the residence."

Rocky Lee was a 26-year veteran of the Harris County Sheriff's Office, the department said via Twitter.

The Chronicle reports that Robert Lee is accused of killing a law enforcement officer, though he is not charged with capital murder because the victim was off-duty at the time of the crime. KHOU reports it's possible Rocky Lee may have been checking on the welfare of his brother, who was also off-duty, when he was shot.

Harris County Sheriff Ed Gonzalez said via Twitter, "our hearts are broken with the loss of Deputy Lee."

The Montgomery County District Attorney's Office and the Texas Rangers are also investigating, the Chronicle reports.