A jury acquitted a former Virginia police officer of involuntary manslaughter for fatally shooting a shoplifting suspect outside a busy shopping mall. The jury did convict former Sgt. Wesley Shifflett of reckless handling of a firearm. Prosecutors argued that Shifflett, then a sergeant with Fairfax County Police, acted recklessly when he shot and killed unarmed Timothy McCree Johnson after a short foot chase outside Tysons Corner Center in 2023, the Associated Press reports. Shifflett testified in his own defense and claimed self defense. He said he saw Johnson, 37, reaching into his waistband after falling down and he was worried that Johnson might be drawing a weapon. “At that moment, that was the most scared I had been in my life because I thought at any moment he would pull out a gun and just start shooting me,” he said. “I didn’t have the luxury to wait and see a gun because I knew in an instant I could be dead.” Prosecutors criticized Shifflett’s decisions leading up to the shooting, including his choice to chase Johnson into the wooded area at night before waiting for backup or turning on a flashlight. Prosecutor Jenna Sands argued that Shifflett’s decision to fire two shots, on the run, in a crowded area, constituted reckless discharge of a firearm.
Shifflett acknowledged that a wooded area in the dark escalates the danger involved in a foot chase. But he said, “We are placed in a lot of dangerous situations. There’s a responsibility to uphold law and order.” The dimly lit bodycam video which was shown to jurors, is inconclusive as to whether Johnson reached into his waistband. It does depict Shifflett yelling “get on the ground” before firing two shots at Johnson. After the shots were fired, Shifflett immediately yelled “stop reaching." Fairfax County Police Chief Kevin Davis fired Shifflett shortly after the shooting for violating the department’s use-of-force policies. Prosecutors struggled to present their case. At first, a grand jury declined to indict him. Fairfax County Commonwealth’s Attorney Steve Descano, who won on a platform that included holding police officers accountable for misconduct, convened a special grand jury that operated under rules that gave Descano more oversight over the process.
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