FAIRFAX COUNTY, Va. (DC News Now) — After nearly 12 hours of deliberation, a jury found a former Fairfax County Police Department (FCPD) sergeant not guilty of involuntary manslaughter after fatally shooting a suspected shoplifter at Tysons Corner last year.
He was, however, convicted of reckless handling of a firearm.
Former Sgt. Wesley Shifflett was on trial for three weeks regarding the deadly shooting of Timothy Johnson, which happened back in February 2023.
“I stand today, 1 year, 7 months and 10 days since Timothy’s murder with the same resolve and fortitude of faith as I have since day one,” Johnson’s mother, Melissa Johnson, said after the verdict was announced.
Johnson was shot and killed on Feb. 22, 2023, when he was accused of stealing sunglasses from a Nordstrom department store at Tysons Corner Center.
Two FCPD officers, including Shifflett, responded to the reported theft.
Johnson ran, and the officers chased him. Both of the officers fired shots, and an investigation determined that Shifflett fired the shot that killed Johnson.
During their closing arguments Friday morning, Shifflett’s defense team maintained a stance saying he could not be convicted on an involuntary manslaughter charge when it was his intent to kill Johnson.
Shifflett’s lawyers argued that the shooting aligned with his police training.
Earlier in the trial, Shifflett testified that he was scared for his life before he fired twice, claiming he saw Johnson reach into his waistband for what he thought was a gun.
It was later determined that Johnson was not armed during the interaction.
Prosecutors said that while “policing is a difficult job, it was not an act of defense, but an act of what might be, and a rush to judgment.”
They also maintained that “fear alone does not grant the right to kill.”
“I wanted to declare that what we have achieved in this wrongful death case in 590 days is unprecedented, and it is a miracle. We have witnessed the firing of the white ex-Fairfax County police officer in the death of a Black unarmed man. We have had to request a special grand jury indictment. We have gotten a speedy trial, and all of the instances that have come up against us since this case and this trial began, up until today’s jury verdict — all of this in only 590 days. Together we stand for justice for Timothy, and today we accept the jury’s verdict,” Melissa Johnson said.
“Real justice would be if Timothy was alive. That’s what justice would be — the criminal justice system can not do that. What it can do is hold people accountable when they break the law, and that’s exactly what happened today,” said Commonwealth’s Attorney Steve Descano.
Shifflett’s sentencing is scheduled for Feb. 28, 2025. He faces up to five years in prison.
