WEST BERNARD, Texas -- Capital murder charges will be filed against a Wharton County man in connection with the slaying of Texas Parks and Wildlife Game Warden Justin Hurst.

Hurst, 34, was killed early Saturday morning after a pursuit that involved the Texas Parks and Wildlife Department, Wharton County sheriff's deputies and Department of Public Safety troopers.

Hurst was shot at least twice by an automatic rifle, with bullets striking his upper torso and legs, said police.

CPR was performed at the scene, and an air ambulance was called, but Hurst was pronounced dead upon arrival at the Hermann Memorial Hospital.

Police said a warrant would be served to James Freeman, 26, Saturday. He is currently under guard at Oak Bend hospital in Rosenberg, where he is being treated for gunshot wounds, said police.

Another game warden reportedly spotted Freeman and suspected him of illegally hunting from the road. When he approached the vehicle, Freeman fled, said authorities.

Hurst was called in as backup to the first warden and other law enforcement agencies responded as well. After a lengthy pursuit that reached speeds near 100 mph, Freeman's car was stopped by DPS and gunfire was exchanged, said police.

The shooting occurred off U.S. 90-A, several miles west of East Bernard, near midnight Friday.

Officials were at the scene Saturday morning taking photographs, collecting evidence and interviewing sheriff's department deputies who were also involved in the shooting.

A DPS helicopter was also taking aerial pictures of the scene.

"The Texas Rangers are investigating this case. Since it is an ongoing investigation, we will be releasing no more information at this time," said Texas Ranger Capt. Tony Leal.

Hurst was married and had a 4-month-old child. The game warden's birthday would have been Saturday.

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