FILE - Law enforcement responds to a shooting at Whitney Moore Young Jr. Hall on Kentucky State University's campus in Frankfort, Ky., Tuesday, Dec. 9, 2025. (Hannah Brown/The State Journal via AP, File)

FRANKFORT, Ky. (AP) — A grand jury has declined to indict the father of two Kentucky State University students who was charged with murder in an on-campus shooting that killed one student and critically injured another.

In a social media post after the Tuesday hearing, defense attorney Scott Danks said grand jurors decided not to indict his client, Jacob Lee Bard, for the Dec. 9 shooting and he is out of jail. Bard's attorneys have said that 20 to 30 people had gathered to attack his son and family, and that he was justified in shooting two people who were beating his son.

After the grand jury decision, Kentucky State officials said they “will cooperate with law enforcement and investigators as appropriate” and are focused on student safety and well-being.

Bard's attorneys say the family was moving their younger son out, with two armed campus police officers present, after withdrawing both sons from school because of “multiple armed, violent" incidents against them and other students in the days leading up to Dec. 9, some captured on security cameras.

When the family and an officer reached the dormitory entrance on the move-out day, the group of people in masks and hoods rushed out and began violently assaulting the family and others, including beating the son's head against the pavement, the attorneys said.

In October, the younger son reported a burglary in his dorm room to campus police and received threats of violence afterward, the attorneys said.

Because of continued death threats, the sons are now staying in an undisclosed location, the attorneys added.

“Jacob’s actions were absolutely justified under the law, and were the only measure that prevented his son’s death or serious injury,” the attorneys wrote.

Investigators have said the shooting was isolated, but they have not publicly shared details of the circumstances or a possible motive. The shooting killed 19-year-old De’Jon Fox of Indianapolis.

In a message to the campus community, Kentucky State said the grand jury decision “does not lessen the pain our community continues to feel, nor does it change our priorities.”

“Our commitment remains centered on supporting our students and ensuring Kentucky State University is a safe place to learn, live, and work,” it said.

The shooting was the second in four months near the residence hall. Someone fired multiple shots from a vehicle on Aug. 17, striking two people who the university said weren’t students. Frankfort police said one victim was treated for minor injuries and the second sustained serious injuries. The dorm and at least one vehicle were damaged by gunfire.

Police have said Bard, 48, is from Evansville, Indiana, which is about 150 miles (240 kilometers) west of Frankfort. He had also been charged with first-degree assault.

Kentucky State is a public historically Black university with about 2,200 students. Lawmakers authorized the school’s creation in 1886.

News from © The Associated Press, 2025