A rural Edna man could spend another two months in jail for assaulting his wife twice in 2018 and then be released.
Timothy D. Tunstall, 60, faced two cases in Labette County District Court, each alleging aggravated assault, a level seven person felony. The cases related to a Labette County sheriff’s investigation initiated on Oct. 3, 2018, on a report of a man, Tunstall, standing on his back porch with a gun.
The investigation determined that Tunstall threatened his wife with a handgun that night saying that he needed to end it, which she took to mean that he was going to shoot her and she feared he would shoot her daughter who was in the house. She alleged that Tunstall had been abusive for seven years. A later report by Tunstall’s wife related to an incident less than a month earlier when Tunstall threatened her with a pipe wrench.
Tunstall’s wife feared that her husband was suicidal on Oct. 3, 2018, according to testimony at the preliminary hearing in his case, a claim that Mr. Tunstall denied to deputies. Mr. Tunstall had handed his wife a handful of letters with farewell messages that a deputy testified did not carry any suicidal ideation. He then walked to the back porch and fired a round. His wife checked on him and found him standing there with the gun, a 9 mm Ruger, at his side. He claimed to have shot at a skunk.
Deputies recovered the handgun and a spent shell casing, according to a sheriff’s report on the incident. Tunstall has been in custody since his arrest that night.
On Tuesday, Tunstall pleaded no contest to the two aggravated assault charges. He’s been in jail for 463 days and the plea recommends that Tunstall remains jailed until sentencing on March 11 at which time he will be released. He will have served 527 days in jail by that time, flattening the potential prison sentence he could have received. He would not be on probation or post release supervision. He would have no jail time left to serve at that point.