A former police officer in Virginia, Wesley Shifflett, was acquitted of involuntary manslaughter but convicted of reckless handling of a firearm for fatally shooting a shoplifting suspect, Timothy McCree Johnson, outside a shopping mall in Fairfax. Shifflett claimed self defense, stating that he shot Johnson after seeing him reach into his waistband and fearing for his life. Prosecutors criticized Shifflett’s decisions leading up to the shooting, including chasing Johnson into a wooded area at night without backup or a flashlight, arguing that his actions were reckless.
The bodycam video shown during the trial was inconclusive as to whether Johnson reached into his waistband, but it did capture Shifflett firing two shots at Johnson while yelling for him to stop reaching. Johnson’s dying words were captured on video, where he denied reaching for anything and expressed that he was shot and bleeding.
Fairfax County Police Chief Kevin Davis fired Shifflett for violating use-of-force policies, but acknowledged the ambiguity of the video footage. Prosecutors faced challenges in presenting their case, with a grand jury initially declining to indict Shifflett until a special grand jury, convened by Commonwealth’s Attorney Steve Descano, returned indictments.
Shifflett will be sentenced in February for reckless discharge of a firearm, a felony punishable by up to 5 years in prison. The trial faced delays due to a lead prosecutor’s medical issue and concerns of a mistrial during closing arguments. Ultimately, Shifflett was acquitted of involuntary manslaughter but found guilty of reckless handling of a firearm in connection with the shooting.
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