NEWS

Prosecutor says Springfield police were justified in shooting, killing man in November

Harrison Keegan
HKEEGAN@NEWS-LEADER.COM

Greene County Prosecutor Dan Patterson announced Monday he will not be pursuing charges against two Springfield police officers who shot and killed an armed man in November.

Joseph Tyndall

Patterson said Sgt. Ryan Russell and Officer Thomas Gross were justified in using deadly force when they shot Joseph M. Tyndall, 30, in a parking lot on East Kearney Street.

An armed Tyndall led officers on a lengthy and tense foot pursuit back and forth across Glenstone Avenue near Kearney Street after midnight on Nov. 4.

He allegedly tried to carjack a motorist and then fired a shot straight into the air in the Walmart parking lot.

Eventually, Tyndall walked to the parking lot of the Rest Haven Court motel on East Kearney Street while holding a handgun to his head.

There, according to a summary of the investigation released Monday by Patterson, Tyndall turned toward Sgt. Russell and began to drop the handgun away from his head.

The officers, fearing for their lives, shot Tyndall. Russell fired twice, and Gross shot once.

Patterson's decision Monday did not come as a surprise. The day of the shooting, Springfield Police Chief Paul Williams praised the officers for keeping the public safe during the pursuit.

Police had tried several non-lethal means to stop Tyndall, including using Tasers and shooting him with bean bag rounds, before shooting him with their duty weapons.

"The officers’ use of deadly force was justified," Patterson said in a news release, "because the officers reasonably believed it was necessary to arrest Tyndall and prevent his escape and because they also reasonably believed that Tyndall was attempting to escape by means of a deadly weapon and because they reasonably believed that Tyndall would otherwise endanger life or inflict serious physical injury unless arrested without delay.”

In a letter to Williams, Patterson explained why he felt the shooting was justified. The letter provides several details about the investigation, which was conducted by the Springfield Police Department.

The letter cites dashboard camera evidence for portions of the pursuit, but the fatal shots were apparently not recorded on camera.

Prosecutors say the two officers who shot a man in the parking lot of the Rest Haven Court motel in November will not be charged.

Here is a summary of the events provided in Patterson's letter:

At 12:40 a.m., Tyndall was involved in a minor car crash near Glenstone and Kearney where he hit the back of a motorcycle.

Tyndall and the motorcyclist agreed to exchange insurance information, but Tyndall then drove away. He did so, however, with the emergency brake still on, so his rear wheels were apparently not spinning.

Sgt. Russell was in the area. He heard the tires squealing and followed the Jeep.

Russell stopped the Jeep for a traffic violation in the parking lot of the America’s Best Value Inn at Kearney and Glenstone.

Tyndall got out of the Jeep and ran away.

Russell followed Tyndall on foot, and called in some other officers to assist him.

Tyndall fell to the ground at one point, and Russell noticed that he was holding a gun.

Tyndall pointed the gun at his own head and told the officers to back away.

Tyndall then got up and walked across Glenstone. The officers continued to follow him.

The officers gave Tyndall multiple commands to put down the gun, but he did not comply.

Tyndall threatened to kill himself multiple times as he led officers on a foot pursuit back and forth across Glenstone Avenue.

At one point, Tyndall tried unsuccessfully to get into a vehicle on Glenstone.

Tyndall can be heard on dashcam video saying “Get me a phone… my mom is dying.”

Tyndall eventually walked to the crowded Walmart parking lot.

Tyndall put the gun in his mouth and looked like he was attempting to pull the trigger. He then shook the gun and fired one round straight up into the air.

Detectives look for evidence in the parking lot of the Walmart on Kearney Street on Nov. 4.

Officers shot Tyndall with several non-lethal bean bag rounds, but he continued walking and did not drop his gun.

Officers also used Tasers on Tyndall, but they were not effective.

Eventually, Tyndall made his way to the parking lot of the Rest Haven Court motel.

Tyndall turned toward Sgt. Russell and dropped the gun away from his head. The two officers then shot Tyndall.

Emergency medical crews were called to the scene, but Tyndall did not survive.

Police later found that the Jeep that Tyndall was driving that night was stolen. The gun was also stolen, and Tyndall was dressed in a stolen Joplin Fire Department uniform during the encounter with police.

Tyndall had amphetamines, meth and cannabinoids in his system when he was killed.

The day after the shooting, the Springfield Police Department sent out a news release identifying Tyndall as the deceased. The release said Tyndall had a lengthy criminal record and was a suspect in a number of Springfield commercial burglaries and other property-related crime.

Tyndall's close friend, Loretta Everitt, of Webb City, told the News-Leader in November that Tyndall was a generous man who went down the wrong path.

"Don't judge people by their faults, judge them by their heart," Everitt said. "He had the biggest heart."

The News-Leader has requested the full investigative reports in this case.