Family’s attorney releases statement regarding former Bay police officer not facing charges in man’s death

BAY, Ark. (KAIT) - The family attorney of a man who died following a deadly police pursuit released a statement after it was determined a former police officer would not face charges.

Jeannette Roberston, the attorney representing the family of Stephen Kyle McMasters, released a statement on Friday, June 7, a day after an announcement that a grand jury agreed former Bay police officer Christopher Shull’s fatal pursuit of McMasters was declared justified.

The decision stems from an investigation in October 2023 after Shull reported being in pursuit near the Bay City Hall of a side-by-side driven by McMasters, which Shull said may have been stolen.

According to a dispatch call log of the pursuit, Shull hit the side-by-side twice, sending it into a telephone pole, resulting in McMasters’ death.

In a statement released on Thursday, May 6, Shull’s attorney, Russell Wood, said a grand jury voted to not charge him with any crime, adding he had been “completely vindicated.”

“Mr. Shull is pleased with the Grand Jury’s decision. He and his family have been vilified, intimidated, threatened, and harassed as a result of this matter,” Wood said. “Officer Shull did not pit Mr. McMasters as has been repeatedly alleged. While it is tragic, Mr. McMaster’s death was the result of his own actions and his extremely dangerous and reckless behavior. Fortunately, the Grand Jury reached the same conclusion after seeing the evidence.”

However, Robertson said that Wood’s statement intentionally misrepresented the grand jury’s authority and actions, adding his claim that the pursuit was justified and he was vindicated was “completely untrue.”

In her statement, Robertson references Arkansas law which grants authority to a grand jury solely to decide whether, based on the evidence and testimony presented, in secret. provides sufficient evidence to find what law terms as probable cause for a prosecutor to move forward to file serious criminal charges against a defendant.

“A grand jury has no authority and does not make findings of fact as to guilt or innocence of the defendant nor does it have authority to make findings of fact as to any civil liability of the defendant,” Robertson said. “The evidence and testimony presented is chosen solely by the prosecutor’s office with no representative of the victim present in the grand jury process to pursue cross-examination of the witnesses or present evidence or testimony.”

Robertson went on to say of the 16-member panel of grand jurors for the case, eight voted that there was sufficient probable cause to indict Shull with a serious felony for his actions, while the other eight did not find probable cause. She said that Arkansas law requires 12 of the 16 members of the grand jury panel must vote to find sufficient probable cause to indict.

“It is this attorney’s opinion that this split decision does not rise to the level of any type of vindication of Christopher Shull,” Robertson said. “The undeniable facts are that Christopher Shull, while on duty Oct. 21, 2023, as a Bay Police Officer and after arriving at the completely erroneous decision that the ATV was stolen, chose to ram his 5,200-pound unmarked police vehicle into the ATV driven by Stephen Kyle McMasters multiple times, with the last hit a PIT maneuver at 68 miles per hour, ultimately killing Kyle McMasters at the scene.”

Robertson said the family plans to file a civil lawsuit “in the very near future.”

“Until then, Janie McMasters, Kyle’s wife, and his two daughters, Kimber and Kasey, are focused on preparing for the arrival of the son Kyle never got to meet, baby Jackson Kyle McMasters,” Robertson said.

Shull was fired on Nov. 3 from the Bay Police Department as Arkansas State Police investigated his actions in the pursuit. He had been previously cleared by his department of any wrongdoing after being put on paid administrative leave.

Cindy Murphy, communications director for the Arkansas Department of Public Safety, told K8 News on Friday they received a letter from 2nd Judicial District Prosecuting Attorney Sonia Hagood on Thursday, saying that the investigation into Christopher Shull is now closed and that no charges will be filed.

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