by FAIRFAX, Va. – A jury on Friday acquitted a former Virginia police officer of involuntary manslaughter after he fatally shot a shoplifting suspect outside a busy shopping center.
But the jury did convict former police Sergeant Wesley Shifflett of reckless handling of a firearm in connection with the shooting.
Prosecutors argued that Shifflett, then a sergeant with the Fairfax County Police Department, acted recklessly when he shot and killed an unarmed man, Timothy McCree Johnson, in February 2023 after a brief chase outside Tysons Corner Center.
Shifflett testified in his own defense, claiming self-defense. He said he saw the 37-year-old Johnson grab his waistband after falling during the chase, and he feared Johnson might pull a gun.
“At that moment, that was the most scared I had ever been in my life, because I thought at any moment he was going to pull a gun and shoot me,” he said during his trial testimony, later adding : “I didn’t.” I don’t have the luxury of waiting and seeing a gun because in an instant I knew I could be dead.
During cross-examination and closing arguments, 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, while fleeing, in a crowded area, constituted a reckless discharge of a firearm.
Shifflett said he recognized that a wooded area after dark increases the danger of a pursuit. But he said: “We are in a lot of dangerous situations. There is a responsibility to maintain public order.”
The dimly lit bodycam video of the video, shown to jurors, is inconclusive as to whether Johnson reached into his waistband.
It clearly shows Shifflett shouting “get on the ground” before firing two shots at Johnson. After the shots were fired, Shifflett immediately shouted “stop reaching” and told other officers he saw Johnson reaching into his waistband.
During cross-examination, Sands asked Shifflett if he shot Johnson before ordering the victim to “stop reaching.”
“My motor functions were working faster than I could verbalize,” Shifflett said.
The video also shows Johnson’s final words: “I didn’t reach for nothing. …I’ve been shot and I’m bleeding.’
Fairfax County Police Chief Kevin Davis fired Shifflett shortly after the shooting for violating the department’s use of force policy. But when Davis publicly released the bodycam video of the shooting, he acknowledged the video’s ambiguity.
“More often than not, police body camera footage speaks for itself,” Davis said at the time. “That is not the case this time.”
Prosecutors struggled at some points to present their case against Shifflett. Initially, a grand jury declined to indict him. At that point, Fairfax County Commonwealth’s Attorney Steve Descano, who held a position on a campaign platform that included holding police officers accountable for misconduct, convened a special grand jury that operated under rules that gave Descano more oversight of the process .
The special grand jury returned charges including involuntary manslaughter and reckless handling of a firearm.
The trial suffered multiple delays after it began last month. The lead prosecutor suffered a serious medical problem and was replaced by another lawyer, causing a delay of several days. During closing arguments, prosecutors played to the jury a clip of Shifflett’s bodycam video that was not entered into evidence at trial, briefly expressing concerns about a mistrial before the attorneys opted not to request one.
Shifflett will be sentenced in February on a reckless firearms charge. The crime is a misdemeanor punishable by up to 5 years in prison.
