FRANKFORT, Ky. (WKYT) – A Franklin County grand jury has declined to indict the man charged in the deadly Kentucky State University shooting.

Jacob Bard will not face murder and assault charges after the grand jury decided not to return an indictment Tuesday.

Bard had claimed he acted in self-defense when he allegedly shot and killed 19-year-old De’Jon Darrell Fox Jr. and injured another student.

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Defense attorney reacts

Bard’s attorney Jonathan Danks had expressed confidence in his client’s case.

“If the grand jury does decide to indict our client he will have his day in court where we are able to present a full defense and we are confident that once a jury hears the defense they will acquit him on any and all charges,” Danks said earlier Monday.

Self-defense claim accepted

Bard’s attorneys argued that under Kentucky law someone can use deadly force to protect themselves or another person, and that’s what they said Bard did in this case.

The grand jury, which only hears evidence from the Commonwealth’s Attorney, apparently found the self-defense claim credible enough to decline prosecution.

MORE: Evansville attorneys claim man charged in KSU shooting was justified

Background on the case

Bard had been released from the Franklin County Regional Jail earlier Tuesday morning after his family posted bond.

At Bard’s preliminary hearing last week, the judge kept his bond set at $1 million but agreed to let him post 10 percent. This allowed his family to hand over $100,000 to ensure Bard showed up to court.

With no indictment returned, the case against Bard is effectively dismissed.

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