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Special grand jury to decide whether to indict Virginia officer who shot, killed man outside Tysons Corner Mall

On April 17, a grand jury decided there was not enough probable cause to charge the former officer.

FAIRFAX COUNTY, Va. — An attorney representing the family of a man who was shot and killed by Fairfax Police says a judge has approved the prosecutor's request for a special grand jury. 

Commonwealth’s Attorney Steve Descano confirmed the decision, which comes less than 10 days after the first grand jury decided not to indict one of the officers who killed 37-year-old Timothy McCree Johnson.

“After considering all options on a path forward, I have elected to request a special grand jury," Descano said in a statement to WUSA9. "This is an ongoing matter and due to the sensitive nature of this case we will not be commenting further at this time." 

Johnson was shot by officers after allegedly taking a pair of sunglasses from a store at Tysons Corner Mall in February. Officers claim Johnson ran through a parking garage and across a parking lot into the woods while officers chased him and demanded he get on the ground. While in the woods, two officers shot at Johnson, hitting him once in the chest. 

Johnson was taken to an area hospital where he died.

Fairfax Police searched the area after the deadly shooting and no weapon was found, meaning Johnson was unarmed when he was shot and killed.

The Fairfax County Commonwealth’s Attorney’s Office made a case to charge Sgt. Wesley Shifflett with involuntary manslaughter and reckless discharge of a firearm. 

On April 17, a grand jury decided there was not enough probable cause to charge the former officer. The jurors returned with a ‘No True Bill,’ meaning they decided not to indict Shifflett, who has since "administratively separated" from the Fairfax County Police Department.

"He will no longer be a Fairfax County Police officer," Davis said. “The officer's actions do not meet the expectations of our agency. There was a failure to live up to the expectations of our agency, in particular use of force policies, protocols, and procedures.” 

Following the grand jury's decision, Descano explained that prosecutors were not allowed to be in the room when the investigating officers made their presentation to the grand jury, meaning he wasn't sure what information was conveyed at that time. 

"In light of this outcome, I am evaluating all options on the path forward and continue to grieve Timothy's loss," Descano said in a statement.  

With a judge approving Descano's request for a special grand jury, prosecutors will be allowed to be present this time, instead of just the investigating officers.

WATCH NEXT: 'This was execution by police officers' | Family of man killed by police views bodycam footage

Police prepare to release bodycam footage of officers shooting a man outside Tysons Corner Center, loved ones of the man killed were able to watch.

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