FAIRFAX COUNTY, Va. — The fate of an ex-Fairfax County police sergeant is now in the hands of the jury. They started deliberations after closing arguments wrapped up in the trial against former Sgt. Wesley Shifflett on Thursday.
He's been charged with involuntary manslaughter and reckless handling of a weapon for killing unarmed 37-year-old Timothy Johnson during a chase from Tysons Corner Center in February 2023. Footage from Shifflett’s body-worn camera showed the officer shooting twice toward Timothy Johnson, with one bullet hitting him in the chest.
In a surprising twist, the defense chose not to ask for a mistrial despite the prosecutor mistakenly showing 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.
The new piece of video showed the moments after the shooting, where Shifflett told a couple of officers how he told Johnson to show his hands during the chase. However, Shifflett had actually yelled for Timothy Johnson to “get to the ground.”
Timothy Johnson's family and prosecutors argued Shifflett acted recklessly that night.
The Commonwealth used Shifflett's own testimony to suggest to jurors that he acted excessively when he shot at Timothy Johnson without aim in a dark and unfamiliar wooded area. They added how he gave no warnings and failed to consider other options to stop Timothy Johnson.
"I'm not telling you he didn't experience those feelings, but I'm telling you he was unreasonable," Deputy Commonwealth Attorney Jenna Sands told jurors during her closing argument. "Timothy Johnson died because he wasn't doing his job the way the law expects him to."
During the trial, the jury also watched Timothy Johnson's last moments alive in another officer's body camera footage. You could hear Timothy Johnson saying twice, "I don't have nothing." He followed up with, "Why you shooting?"
It was a moment that brought his mother Melissa Johnson to tears.
"This gave him an opportunity to have his voice heard," she said. "From the ground, he gave his testimony. He said, 'Why did you shoot me?' twice."
"They're trained to stop a threat," Assistant Commonwealth Attorney Natheena Tyler said. "They're not trained to kill."
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.
Relying heavily on use of force training experts during the trial, Kershner told the jury how his client followed what he was trained to do while having to make a split-second decision.
"Officers are taught that you don't have to see a weapon to use lethal force," Kershner said. "He acted in self-defense. He was acting to preserve his own life. Ladies and gentlemen, that's not even close to negligence."
The jury began deliberations before 2:30 p.m. on Thursday. They'll convene at 9 a.m. on Friday and have been instructed to stay late as they need to.
