Grand jury declines to indict parent who fatally shot Kentucky student

A grand jury has decided not to indict a man who had been charged with murder in the shooting of a student at Kentucky State University this month, a local prosecutor said Friday.

The grand jury, which was considering the charge as a formal step toward a possible trial, received testimony that the man had acted in defense of his son, who was also a student and had been involved in an altercation with the shooting victim, said the prosecutor, Larry Cleveland, the Franklin County commonwealth’s attorney.

The Dec. 9 shooting occurred in the middle of finals week for Kentucky State, a university in Frankfort with more than 2,220 students, according to its website. The shooter, Jacob Lee Bard of Evansville, Indiana, killed one student, 19-year-old De’Jon Fox, and critically wounded another. The police arrested him on charges of murder and first-degree assault.

The grand jury reviewed evidence that showed Bard’s son had faced bullying and abuse leading up to the shooting, Cleveland said.

On that day, Bard arrived on campus to move his son out of his dorm room, accompanied by a police officer, and bring him back to their home in Indiana, Cleveland said. He did not elaborate on why the family was being escorted.

But an altercation inside the dorm between a group of students and Bard’s son escalated as the group forced him, his parents and the escorting officer outside the building, Cleveland said.

Then, “acts of violence erupted,” he said, “resulting in Mr. Bard firing two shots.” Bard was arrested immediately.

The grand jury decided against all charges Tuesday. Scott Danks, a lawyer for Bard, did not immediately respond to a request for comment. But in a social media post following the ruling, he announced that Bard had been released from jail.

On the same day the grand jury declined to indict Bard, the authorities in Vanderburgh County, Indiana, filed charges of intimidation against Fox’s parents, De’Jon Fox Sr. and Chardnae Cleveland, in connection with a series of earlier Facebook posts that the authorities said threatened Bard and his family. According to court documents, a post to an account linked to Chardnae Cleveland said that she wanted to see Bard’s son “dead just like mine.”

In a phone call Friday, Chardnae Cleveland declined to comment on the grand jury’s decision or the charges against her. It was unclear whether the couple had entered a plea. (Chardnae Cleveland is not related to the Franklin County prosecutor.)

Larry Cleveland, the prosecutor, said it was possible but unlikely that he would present charges against Bard to a grand jury a second time. He added that he has been conflicted about the case since the beginning.

“On the one hand, it was clear that the defendant met all the criteria for defense of others, that he was not wanton or reckless in his belief for the need to use force in protection of his son,” Cleveland said. On the other hand, he said, “a young man was killed, so we looked at the case very, very hard from every angle.”

Cleveland noted his office may also consider charges against individuals involved in the altercation with Bard and his son, but only after more investigation.

A spokesperson for Kentucky State University said the school would continue to cooperate with the investigation.

“This development does not lessen the pain our community continues to feel, nor does it change our priorities,” the university wrote in a letter to students that was shared with the New York Times. “Our commitment remains centered on supporting our students and ensuring Kentucky State University is a safe place to learn, live and work.”

The Dec. 9 shooting was the second to occur near that dorm, Young Hall, this year. In August, two people who were not students at the university were injured in a shooting, the police said.

This article originally appeared in The New York Times.