A decision not to indict may end one stage of a criminal investigation without answering every legal or factual question surrounding a death
When a grand jury declines to bring criminal charges after a death investigation, families may understandably wonder whether the decision means the case is permanently closed.
The answer can be more complicated than a simple yes or no.
A grand jury’s primary role is to determine whether sufficient evidence exists to justify bringing criminal charges. It does not conduct a criminal trial, determine guilt or innocence, resolve every disputed fact, or ordinarily decide whether someone may have civil liability.
That distinction has become particularly relevant following the latest development in the death of 18-year-old Nolan Wells.
A Jackson County, Mississippi, grand jury declined to indict anyone in connection with Wells’ July 2026 death after reviewing evidence and testimony concerning his disappearance and the discovery of his body near Horn Island.
At the same time, both the state medical examiner and an independent forensic pathologist retained by the Wells family reportedly classified the cause and manner of his death as undetermined.
The Wells case illustrates an important legal distinction: a grand jury’s decision not to bring criminal charges does not necessarily answer every question about how a death occurred or whether other legal avenues may exist.
What Does a Grand Jury Do?
A grand jury is a group of citizens that evaluates evidence presented in connection with potential criminal charges.
Unlike a trial jury, a grand jury generally is not deciding whether someone is guilty beyond a reasonable doubt.
Instead, its function is to determine whether sufficient evidence exists to issue an indictment and to require an accused person to face criminal prosecution.
Mississippi’s rules describe the grand jury’s role as determining whether there is sufficient evidence or probable cause to require an accused person to stand trial. The rules also make clear that the grand jury’s function is not to determine ultimate guilt or innocence.
That distinction matters.
An indictment means criminal charges may proceed. It does not mean the accused has been found guilty.
Likewise, a decision not to indict means the grand jury did not find sufficient evidence to bring criminal charges. It does not necessarily establish precisely what happened or resolve every question surrounding the underlying event.
What Is a “No True Bill” or “No Bill”?
When a grand jury approves an indictment, the indictment may be referred to as a “true bill.”
When the grand jury declines to approve an indictment, the result may be called a “no true bill” or “no bill.”
In practical terms, this means the grand jury did not find sufficient grounds to approve the proposed criminal charge.
That is different from an acquittal.
An acquittal generally occurs after a defendant has been prosecuted and found not guilty. A no bill occurs earlier, at the charging stage, before a criminal trial begins.
That difference can affect what may happen later if additional evidence is discovered.
Does No Indictment Mean Someone Was Found Innocent?
No.
A grand jury generally does not determine innocence.
Its task is to decide whether the available evidence justifies issuing criminal charges.
If the grand jury declines to indict, no criminal prosecution proceeds from that particular presentation of the case.
That result should not be interpreted as a criminal conviction, acquittal, civil-liability determination, or comprehensive factual finding about everything that occurred.
This distinction can be particularly important in complicated death investigations where forensic evidence, witness accounts, digital evidence, or other facts remain incomplete or disputed.
Can a Case Be Reopened After a Grand Jury Declines Charges?
Potentially.
The rules governing whether prosecutors can return to a grand jury vary by jurisdiction and by the circumstances of the case.
In Mississippi, appellate courts have recognized that the return of a no bill does not necessarily preclude prosecutors from later presenting the matter to another grand jury.
Whether prosecutors choose to do so may depend upon factors such as:
- newly discovered evidence;
- additional forensic findings;
- new or changed witness information;
- digital evidence that was not previously available;
- additional investigative findings; or
- other developments material to the suspected offense.
The prosecutor involved in the Nolan Wells investigation has publicly indicated that the case could be revisited if significant new evidence emerges.
That does not mean another grand jury proceeding will occur. It means a no-indictment decision does not necessarily make reconsideration legally impossible.
What Happened in the Nolan Wells Grand Jury Investigation?
The Nolan Wells case provides a current example of how these issues can arise.
Wells disappeared after traveling with friends to Horn Island off the Mississippi Gulf Coast on July 4, 2026. His body was recovered two days later.
According to reports about the grand jury’s findings, jurors heard testimony from 43 witnesses and reviewed evidence gathered through 132 subpoenas.
The grand jury reported finding no credible evidence that anyone committed criminal conduct connected to Wells’ death and no credible evidence that racial animus played a role.
It also found the circumstances in which Wells’ body was discovered to be consistent with drowning.
But separate medical questions remain.
Both the state medical examiner and the independent forensic pathologist retained by the Wells family reportedly classified the cause and manner of Wells’ death as undetermined.
For a complete discussion of the latest development, see Nolan Wells Case Update: Grand Jury Declines Charges as Family Continues to Seek Answers.
Why Can a Grand Jury Decision and an Autopsy Leave Different Questions?
A grand jury and a medical examiner perform fundamentally different functions.
A grand jury considers whether evidence supports criminal charges.
A medical examiner or forensic pathologist evaluates medical evidence in an effort to determine matters such as cause and manner of death.
Those inquiries overlap in some cases, but they are not identical.
For example, forensic evidence may be insufficient to establish precisely how a person died while the available evidence also may be insufficient to establish that another person committed a crime.
Neither conclusion automatically proves the other.
That is why terms such as “undetermined cause of death,” “no indictment,” “accidental death,” and “no criminal charges” should not be treated as interchangeable.
What Does “Undetermined” Cause or Manner of Death Mean?
An undetermined classification generally means the available medical and investigative evidence does not permit the examiner to reach a sufficiently supported conclusion about the cause, manner, or both.
It does not, by itself, establish foul play.
It also does not necessarily establish that the death was accidental.
In some cases, limitations may include decomposition, incomplete evidence, the condition of the body, missing information, conflicting accounts, or an inability to determine what occurred immediately before death.
The Wells family retained an independent pathologist as part of its effort to better understand those questions. Ben Crump Law previously announced the preliminary independent autopsy findings in the Nolan Wells investigation.
Can Families Continue Investigating After Criminal Charges Are Declined?
Depending on the circumstances and applicable law, families may have additional ways to seek information even when criminal charges are not brought.
Potential steps may include:
- obtaining medical, investigative, and other available records;
- consulting independent forensic experts;
- reviewing photographs, video, communications, and digital evidence;
- preserving potentially relevant physical evidence;
- interviewing or locating witnesses;
- examining inconsistencies among witness accounts;
- seeking expert review of existing investigative findings; and
- consulting an attorney about potential civil or constitutional claims.
The appropriate steps depend heavily on the circumstances.
In the Wells investigation, for example, the family pursued an independent autopsy and sought forensic review of digital evidence.
Ben Crump Law also reported that the Wells family’s forensic experts were prepared to participate in a joint examination of Nolan’s phone.
Digital evidence can sometimes help establish a timeline, identify communications, determine location history, or reveal information unavailable through physical evidence alone.
Can a Civil Lawsuit Be Filed When Criminal Charges Are Not?
Potentially.
Criminal cases and civil lawsuits are separate legal proceedings.
A criminal case is brought by the government and may result in penalties such as imprisonment, probation, or fines.
A civil action is generally brought by an injured person, surviving family members, an estate, or another legally authorized party seeking a civil remedy.
The two systems also use different legal standards.
Criminal prosecutors generally must prove guilt beyond a reasonable doubt to obtain a conviction.
Many civil claims use a lower evidentiary standard, commonly described as a preponderance of the evidence, although the applicable standard depends on the particular claim.
As a result, the absence of criminal charges does not automatically eliminate the possibility of civil liability.
At the same time, the absence of charges does not prove that a valid civil claim exists.
A civil case still requires evidence satisfying each legal element of the particular cause of action.
Could an Unexplained Death Lead to a Wrongful Death Claim?
Possibly, depending on what the evidence establishes.
Wrongful death generally involves a death caused by another party’s legally actionable conduct, such as negligence or another recognized civil wrong.
A family may therefore need to determine:
- what caused the death;
- who, if anyone, owed a legal duty;
- whether that duty was violated;
- whether the violation caused or contributed to the death;
- what evidence supports those conclusions; and
- who has legal authority to bring the claim.
A grand jury’s decision not to indict does not, by itself, answer those civil questions.
Families trying to determine whether the circumstances surrounding a death could support a civil action can learn more about the role of a wrongful death lawyer and the evidence commonly evaluated in these cases.
What About Possible Civil Rights Violations?
Some death investigations also raise potential constitutional or civil-rights questions.
The existence of a civil rights claim depends upon the particular conduct involved, the identity of the parties, and the constitutional or statutory right allegedly violated.
Potential issues may arise in cases involving law enforcement, government actors, discrimination, excessive force, denial of constitutional protections, or other government conduct.
Criminal prosecution and civil rights litigation are separate processes.
That means the absence of criminal charges does not, by itself, resolve whether an actionable violation of civil rights occurred.
Ben Crump Law provides additional information about how a civil rights lawyer can evaluate potential violations and available legal remedies.
Can Federal Authorities Investigate After a State Grand Jury Declines Charges?
In some circumstances, yes.
State and federal governments have separate areas of criminal and civil enforcement authority.
A state decision not to prosecute therefore does not categorically prevent federal authorities from examining conduct that may violate federal law.
Whether federal jurisdiction exists depends on the facts and the federal statutes involved.
Federal review also does not mean that federal charges necessarily will follow.
In the Nolan Wells case, the family and its legal team have sought federal involvement. Ben Crump Law previously reported that Wells’ parents, Ben Crump, Rev. Al Sharpton, Congresswoman Lucy McBath, and others called for Department of Justice review of the case.
Whether additional federal action will occur is a separate question from the Mississippi grand jury’s decision.
Why Is Preserving Evidence Important After a No-Indictment Decision?
A grand jury decision may feel like the end of a case, but families considering additional legal action should be mindful that evidence can disappear or become harder to obtain over time.
Potentially relevant evidence may include:
- cell phones and other electronic devices;
- text messages and social media communications;
- location records;
- photographs and video;
- surveillance footage;
- law enforcement records;
- 911 or dispatch recordings;
- medical and autopsy records;
- physical evidence;
- witness contact information; and
- electronically stored data.
Different records are subject to different retention policies and legal requirements.
Civil claims may also be subject to statutes of limitations and, in some situations, shorter notice requirements.
For those reasons, determining whether legal rights need to be preserved can be time-sensitive even when a criminal case is not moving forward.
What Should Families Do When a Death Still Has Unanswered Questions?
Every unexplained-death investigation is different.
But when important questions remain after an official investigation, families may want to document what they know, preserve available records, identify potential evidence, and seek qualified legal and forensic guidance before evidence becomes unavailable.
An attorney may be able to evaluate whether additional records can be obtained, whether independent experts should review the evidence, whether civil claims should be investigated, and whether other governmental agencies may have jurisdiction.
The objective is not to assume that wrongdoing occurred.
It is to determine what the evidence can establish and what legal options, if any, are available.
For a deeper discussion of this process, see Can a Family Seek an Independent Investigation When a Death Remains Unexplained? once published as the next article in this series.
Talk to a Wrongful Death or Civil Rights Attorney
A decision not to bring criminal charges does not necessarily answer every question a family may have about an unexplained death.
If your family is seeking answers about a suspicious, unexplained, or potentially wrongful death, Ben Crump Law can review the circumstances, help identify evidence that may require preservation, and explain whether civil legal options may be available.
Learn more about wrongful death claims, review information about civil rights claims, or contact Ben Crump Law to discuss your case.