WASHINGTON — A jury has found a former Fairfax County Police officer not guilty of involuntary manslaughter after he shot and killed an unarmed man during a chase from Tysons Corner Center last year. However, that same jury did find former Sgt. Wesley Shifflett guilty of reckless handling of a weapon.
The charges stem from a deadly chase outside the shopping mall in February 2023 when Shifflett shot and killed 37-year-old Timothy Johnson. Footage from Shifflett’s body-worn camera showed the officer shooting twice toward Timothy Johnson, with one bullet hitting him in the chest.
At one point, the defense considered calling for a mistrial in the case after the prosecution mistakenly showed the jury a video they weren't supposed to on Wednesday. A portion of that same footage, which was never entered as evidence, was mistakenly shown to the jury by the prosecution. Because of that, Judge Randy Bellows said the defense could seek a mistrial.
Attorney Caleb Kershner indicated the defense was planning to seek a mistrial for prejudice, saying, “This should have never come to a trial.”
But on Thursday, Kershner said they decided against it because a mistrial would only prolong the outcome of the case.
“I like our chances,” Kershner said.
Timothy Johnson's family and prosecutors argued Shifflett acted recklessly that night.
Shifflett took the stand Tuesday and said that he feared for his life because he thought Timothy Johnson was reaching for a gun in his waistband when he tripped during their chase.
Shifflett will be sentenced for the weapons charge on Feb. 28, 2025.
Following the verdict, Commonwealth's Attorney Steve Descano released a statement that reads in part:
"I hope it gives the Johnson family some closure to know that they are not alone in seeing that Mr. Shifflett did not act in accordance with the law that evening. But the outcome of a single case doesn’t mean that we can overlook the inequities that persist in our justice system.
Unfortunately, we have a two-tiered system of justice where some people’s lives and liberty are worth more than others’. And certainly, there are still institutional barriers to holding law enforcement officers accountable when they break the law.
Among other things, Virginia law permits officers, but not prosecutors, to present evidence to a regular grand jury – giving more power to police at a critical stage of prosecution. The criminal code provides a level of deference to police officers that is not provided to other individuals."