Case of suspected gunman in KSU fatal shooting sent to grand jury

FRANKFORT, Ky. (ABC36 NEWS NOW) – A judge has sent the case against Jacob Lee Bard to a Franklin County grand jury following a preliminary hearing Tuesday connected to the deadly shooting at Kentucky State University.

Bard appeared in court in person and in custody. He is represented by attorney Mark Hall.

During the hearing, Frankfort Police Detective Laura Marco testified for the prosecution, outlining the investigation into the December shooting on KSU’s campus that left 19-year-old student  De’Jon Darrell Fox Jr., of Indianapolis dead, and another student injured.

Marco said police were first notified through dispatch of a reported shooting, which quickly became a homicide and assault investigation involving a firearm. Investigators identified Bard as the suspect after reviewing evidence that included video footage and witness statements.

According to Marco, investigators have video showing Bard with a gun and a witness at the scene who identified him as the shooter. She testified that Bard admitted he fired the shots. Fox died at the scene, while a second victim, who was initially listed in critical condition, has since stabilized.

Testimony indicated that Bard was near his son at the time of the shooting, as were the victims. Bard’s son allegedly had been involved in an altercation earlier, though Marco said it remains unclear whether the victims were actively punching or hitting the son at the time of the shooting. She also testified that she did not observe either victim assaulting Bard’s son in the moments leading up to the gunfire.

Marco said Bard’s son reportedly had been assaulted at least once prior to the shooting but did not receive medical treatment. On the day of the incident, the son was also involved in an elevator altercation with someone who was part of the group present during the shooting.

The defense argued Bard and his wife went to KSU to remove their son from what they believed was an unsafe environment. Defense questioning highlighted meetings with university officials prior to the incident, concerns about campus security issues, and claims that Bard’s son had contacted his parents saying he had been assaulted.

Defense attorneys also referenced alleged videos showing individuals in ski masks and carrying baseball bats pounding on the son’s dorm room door before the shooting. Detective Marco said she had not seen those videos but had requested them as part of the investigation.

Marco testified that video evidence shows Bard, his wife and their two sons attempting to enter the dorm building when campus security opened the doors. She said a confrontation followed, with multiple people clashing, before two gunshots were fired.

Prosecutors acknowledged the family was in a difficult situation but argued the individuals who were shot were not attacking Bard’s son and that deadly force was not justified.

After hearing the testimony, the judge ruled the case would be waived to the grand jury for further consideration.

The defense requested a reduction in Bard’s bond. The judge modified the bond, allowing Bard to post 10 percent of the $1 million bond. If released, Bard would be prohibited from contacting the alleged victims or their family members, including through social media.