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Source: Douglas Sacha / Getty

On Tuesday, a grand jury declined to indict a man who fatally shot one Kentucky State University student and critically injured another.

According to AP, Jacob Lee Bard shot and killed 19-year-old De’Jon Fox Jr. earlier this month while moving his sons out of his dorm at Kentucky State University. Defense attorney Scott Danks said that Bard was withdrawing his sons from the school due to “multiple armed, violent” incidents against them and several other students. Bard’s defense attorneys alleged that his son was the target of a burglary in his dorm room. They alleged that the assaults began after Bard’s son reported the burglary to school officials, with some of the assaults being caught by campus security cameras. 

Bard was accompanied by two school officers to gather his son’s belongings on Dec. 9. Bard and his sons were being escorted out of the dormitory when a group of students in masks and hoods rushed them and began assaulting them, with one of the assailants allegedly slamming Bard’s youngest son’s head into the pavement. 

“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. Kentucky law allows a person to use deadly force to protect themselves or someone else. Bard was charged with murder and first-degree assault charges shortly after the shooting and held on a $1 million bond. Bard has since been released from jail after the grand jury declined to indict him, and his sons are staying in an undisclosed location due to death threats. 

De’Jon Fox’s parents, Chardnae Cleveland and De’Jon Darrell Fox, were arrested and charged with intimidation on Tuesday, after making online threats against Jacob Bard earlier this month. An affidavit noted that Cleveland and Fox made “concerning” statements allegedly implying “intent for violent reaction toward the family of Jacob Bard.” The two turned themselves in to the police on Christmas Day, with police records showing they were released from jail on a $1,500 bond.

After the ruling, Kentucky State officials said they “will cooperate with law enforcement and investigators as appropriate.” The school issued a statement regarding the grand jury decision, saying it “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 added. It’s unclear what, if any, steps the university has taken to prevent incidents like this from happening again.

This is a tragedy that feels like a failure on Kentucky State’s part to adequately protect its students. Why did the alleged violence against the student go on to the point that the Bard felt like he had to remove his kids from the school? How was Bard able to have a firearm on the school’s campus? Why wasn’t campus security a more effective presence? If there actually is security camera footage of the assaults that preceded the shooting, why didn’t the school take disciplinary action? While yes, it’s objectively bad if De’Jon Fox Jr. and the other students were assaulting their peers, he didn’t deserve to die this young. Had the school acted sooner, it might not have escalated to this point. 

At a time when the Trump administration is trying to exert more and more control over higher education and limit access to college for Black students, this kind of thing simply shouldn’t be happening at any school, let alone an HBCU. 

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