When someone uses deadly force in self-defense, the legal aftermath can be just as intense as the incident itself. One step that often confuses people is the grand jury process—especially when a person isn’t immediately charged after a shooting.
If you’ve heard that someone “wasn’t indicted” or that their case “went before a grand jury,” it’s important to understand what that actually means—and how it can shape the outcome of a self-defense case.
What Is a Grand Jury?
A grand jury is a group of citizens who are called to review evidence and decide whether there’s probable cause to believe a crime was committed. They do not decide guilt or innocence. Their job is simply to determine whether a person should be formally charged with a crime—a process known as indictment.
Unlike a regular (trial) jury, a grand jury:
- Is larger (usually 12 to 23 members, depending on the state)
- Does not include a judge or defense attorney
- Hears only the prosecutor’s side
- Operates in complete secrecy
- Often meets over a longer period and may consider multiple cases
In most states, the defendant doesn’t know the proceeding is even happening until after a decision is made.
Indictment vs. Charge vs. Conviction: What’s the Difference?
These three terms often get confused, especially in news coverage:
- Indictment: A formal accusation issued by a grand jury stating that there is probable cause to believe someone committed a crime.
- Charge: A formal accusation brought by a prosecutor, either through a grand jury indictment or direct filing with the court.
- Conviction: A finding of guilt at trial or via a plea agreement, determined beyond a reasonable doubt.
So just because someone is indicted doesn’t mean they’re guilty—it only means the case will proceed to court. And if a grand jury does not indict, the case often ends right there.
Do All States Use Grand Juries?
No, not all states use grand juries the same way. Here’s how it generally breaks down:
- Common Grand Jury States:
States like Ohio, Texas, Georgia, Tennessee, and Louisiana frequently use grand juries to review felony cases. - Mixed or Optional Use:
States like Colorado, California, and Florida allow prosecutors to choose between a grand jury or a preliminary hearing (a public hearing before a judge who decides if charges can proceed). - Rare or Limited Use:
In states like Washington, Oregon, and Pennsylvania, grand juries are rarely used except for special investigations or public corruption cases.
⚖️ In Colorado, California & Florida, prosecutors typically use preliminary hearings, but grand juries may be used in complex or politically sensitive cases.
Understanding how your state handles this process can help you better prepare for what could happen after a self-defense incident.
Why Would a Prosecutor Use a Grand Jury?
There are several reasons why a District Attorney (DA) might choose to present a case to a grand jury instead of filing charges directly:
- To Gain Public Trust
In emotionally charged or controversial cases—especially those involving self-defense or use of force—prosecutors may prefer that a group of everyday citizens decide whether charges should be filed. - To Avoid Political Backlash
A grand jury gives the appearance of neutrality. If a decision is unpopular, the DA can say, “The grand jury made that call.” - For Legal Cover in Tough Cases
When the law isn’t clear-cut or the facts are murky, a DA may rely on the grand jury to sort it out and provide backing for their decision.
The Grand Jury and Self-Defense
Self-defense cases often walk a legal tightrope. Even if the shooter appears justified under the law, prosecutors must still evaluate whether:
- The use of deadly force was reasonable
- The person had a legal right to be there
- The force was used to stop an imminent threat
In states with Stand Your Ground or Castle Doctrine laws, prosecutors may find it difficult to meet the standard for criminal charges—especially when the evidence is ambiguous or leans toward justification.
Rather than unilaterally deciding, they may present the case to a grand jury to let the public weigh in.
Example: The James Rayl Shooting
A good example of a grand jury in action is the 2022 shooting of James Rayl in Ohio.
Rayl attempted to force his way into the home of his ex-girlfriend. After ignoring verbal warnings, he kicked the door multiple times until it opened slightly. Inside the home, Mitchell Duckro, the ex-girlfriend’s father, fired three shots through the door, killing Rayl.
The case sparked national debate:
- Was the use of force justified under Ohio’s Castle Doctrine?
- Did Rayl pose an immediate threat if he hadn’t fully entered the home?
Rather than decide alone, the local prosecutor presented the case to a Shelby County grand jury.
After reviewing the evidence—security footage, the 911 call, witness statements, and Ohio law—the grand jury voted 7 to 1 not to indict Mitchell Duckro.
Because the standard for indictment is simply probable cause, the vote suggests the grand jury strongly believed Duckro’s actions were legally justified, or at least didn’t rise to the level of criminal wrongdoing.
Grand Jury Declines to Indict — But Civil Court Follows
Although Duckro faced no criminal charges, the legal battle didn’t end there.
In 2023, the family of James Rayl filed a civil lawsuit against Mitchell Duckro and his wife, alleging wrongful death. Unlike a criminal case, where guilt must be proven beyond a reasonable doubt, a civil case only requires a preponderance of the evidence—meaning it’s more likely than not that the defendant is liable.
In July 2025, a confidential settlement was reached in the civil case. All claims were dismissed by agreement, with no admission of wrongdoing by Duckro. The settlement amount was undisclosed, but it likely helped the Duckros avoid a drawn-out court battle and potential financial devastation.
➡️ Read more: The Civil Lawsuit and Confidential Settlement in the Rayl Case (Insert blog link when available)
What Happens If a Grand Jury Votes Not to Indict?
If a grand jury declines to indict:
- The defendant is not charged with a crime.
- The case is essentially closed from a criminal standpoint.
- The state can’t retry the case without new evidence or extraordinary circumstances.
However, even if a person is not indicted criminally, they may still face civil lawsuits, including wrongful death or negligence claims.
Final Thoughts: Grand Juries and Self-Defense Law
If you carry a firearm or plan to defend your home under a Castle Doctrine or Stand Your Ground law, it’s important to understand the full legal picture. A grand jury is not a trial—but it is often the first major legal hurdle you’ll face after using force.
Whether or not charges are filed may come down to a group of citizens in a room you never see, based on evidence presented by a prosecutor who may or may not be sympathetic to your actions.
The Rayl case shows how grand juries function, but also how criminal and civil liability are two very different things. Even if you are never charged, you may still need to defend your actions in court—at great financial and emotional cost.
Takeaways
- A grand jury decides whether to file charges, not whether you’re guilty.
- Not all states require grand juries—many use preliminary hearings instead.
- Only the prosecution presents evidence, and the process is secret.
- The James Rayl case ended with no criminal charges but did result in a civil settlement.
- Self-defense insurance could help protect you from the financial aftermath, even when you’re legally justified.
Call to Action
- ✅ Know your rights: Read our Colorado Concealed Carry Guide
- 🔫 Train with professionals: Take a CCW Class with Verified Instructors
- 🛡 Compare Self-Defense Insurance Options: Civil lawsuits can follow even justified shootings.
- 👨⚖️ Hire Mark Schneider as an Expert Witness: For self-defense or use-of-force cases, contact us today.
