UPDATE: Dec. 23 at 1 p.m.
LEX 18 confirmed that a grand jury declined to indict Jacob Lee Bard after he allegedly shot and killed a Kentucky State University student and injured another on campus.
The grand jury found that Bard acted in self-defense after reviewing all evidence presented in the case, attorney Jonathan Danks reported.
“Franklin County convened a grand jury today. After being presented with all of the evidence, the grand jury found that Jacob Bard acted in self-defense and refused to indict him on any charges," Danks stated. "This concludes the criminal case again Jacob Bard.”
LEX 18 previously reported that on Tuesday morning, Bard posted a $100,000 bond, 10% of his initial $1 million, and was released from jail.
Original Story:
Attorneys for Jacob Bard, the man accused of shooting and killing one Kentucky State University student and injuring another, said in a Monday afternoon press release that Bard "was completely justified under the law in his use of deadly force."
Bard is represented by Jonathan Danks of Danks & Danks, a law firm based in Indiana. In a press release, the firm argues that on Monday, Dec. 8, a group of 20 to 30 students gathered outside of Bard's younger son's dorm with weapons and beat on the door, after which he contacted police, the release read.
When informed by his son that he had been attacked multiple times, Bard and his wife traveled to KSU.
The couple met with KSU police the following morning on December 9 and, although sincere, "it was obvious to them that the campus police were ill-prepared to deal with the out of control and violent environment" at KSU, the firm writes.
The firm argues that both KSU and KSU Police had, up to the day of the shooting, failed to address "multiple armed, violent felonies" against Bard's sons, aged 18 and 19, and other students leading up to the shooting. These included a burglaries and armed assaults against Bard's sons, the firm claims.
The release noted that another meeting was scheduled for 11 a.m. with the campus police and the university dean at Young Hall, at which the family "became convinced" that the school "would not be able to maintain a safe environment" for his son and told KSU officials that Bard's son would be moving home.
According to the release, Bard's family approached his younger son's dorm room to retrieve his belongings, finding four individuals waiting for him; the officer escorting the family and ordered the individuals to leave.
The firm says that when the officer left at one point, an individual previously involved in prior assaults began to photograph Bard's son, resulting in a physical altercation between the son and this individual.
"Jacob’s son immediately exited the elevator and called KSU police," the release continued. "Upon exiting the elevator, other individuals who had been involved in prior attacks on Bard’s son were now in the lobby despite the assurances of the University that these individuals would no longer be allowed in the building. These individuals again photographed the Bard family with their phones and began making threats."
As the family loaded Bard's son's belongings, attorney say the family "saw numerous individuals who had also been involved in prior attacks arriving and running to join the other individuals in the dormitory lobby area" and waited for police to escort them into the building.
"Despite having two armed Kentucky State University Police Officers present, a group of twenty to thirty individuals gathered in the lobby of the son’s dormitory to violently and viciously attack Jacob Bard’s son and family," the release said. "Many of these individuals were not students of the university and wore ski masks, hoods, and otherwise concealed their faces."
The release goes on to say that Bard's son was "slammed into the concrete," with multiple people attacking him.
"The officer on scene had completely lost control of the situation, and while Jacob and his wife ran towards their son, the officer was retreating further from the erupting violence," the release continues. "In the chaos, Jacob tied to physically pull the individuals off his son, was struck and when he was unable to do so, and seeing his son in imminent danger of death and serious physical injury, Jacob then drew his firearm and shot two individuals who were actively and viciously beating his son."
Danks criticized the university's handling of the situation during an interview via Zoom on Monday.
"It's extremely disheartening to think that when you go to college to prepare for your future, that this is the type of danger that's being propagated around you," Danks said. "And that the people that are in charge of keeping you safe and when you report these things as you didn't take appropriate steps to make sure that these young men are safe."
Bard's two children, who attended KSU, remain concerned about their safety, according to their attorney.
"The mother of the deceased student has openly posted on social media calling for Jacob's son to be murdered for revenge, has appealed to criminal gangs, specifically naming the Vice Lords," Danks details. "The family is receiving credible death threats, and the sons now are living in an undisclosed location for their own safety."
The attorney acknowledged the tragic nature of the situation.
"While fully justified in the actions that he took, it's an absolutely tragic situation and nobody ever wants to be put in a situation where you have to take somebody's life, especially that of a young man," Danks said.
The case against Bard was sent to the grand jury on December 16.
Covering Kentucky
Judge sends case of man accused in deadly KSU shooting to grand jury
A detective at that hearing testified that, in one video, the shooting victims had not been seen assaulting Bard's son.
Read the full release below.
