FAIRFAX COUNTY, Va. — The ex-Fairfax County Police officer indicted for shooting an unarmed man during a chase at Tysons Corner Mall appeared before a judge for the first time.
A special grand jury indicted Wesley Shifflett for involuntary manslaughter for the death of Timothy Johnson.
As soon as that hearing was over, Shifflett was taken out back from the courtroom and to the Adult Detention Center where his fingerprints were processed. For now, he doesn't have to spend a day in jail. His attorney maintains his client was justified in pulling out a gun.
"I think that's really the message that if anyone were to know Mr. Shifflett's heart, he would never ever want to do this. You act based upon your training and experience," Defense Attorney Caleb Kershner said.
Kershner feels confident there's enough evidence to support his client, who he says is more worried about his family.
A special grand jury indicted Shifflett for involuntary manslaughter and reckless discharge of a firearm after he shot and killed Timothy Johnson during a chase from Tysons Corner Mall in February.
Police say officers ran after him for stealing a pair of sunglasses, but they never found a weapon on Johnson at the scene.
Weeks later, Chief Kevin Davis fired Shifflett.
Davis said, "There was a failure to live up to the expectation of the agency and particular use of force policy protocols and procedures."
Timothy Johnson's family says the evidence will prove the former officer was in the wrong.
His mother getting to see Shifflett in person for the first time in court.
"I just had to call my spirit after all these months to be waiting to see his face; I don't even have words," Melissa Johnson said. "I just had to call my spirit after all these months to be waiting to see his face, I don't even have words. We're in it and committed for the long haul and this is just one step toward that direction. We've walked out it out now graciously, patiently and we continue to do so."
Kershner says Shifflett is working right now in some consulting capacity to support his wife and kids. The defense also wants a trial within the next nine months. There's a hearing next month to schedule a trial date.