A criminal trial is underway in the case against the former Fairfax County police officer who allegedly shot and killed D.C. resident Timothy Johnson outside Tysons Corner Center on Feb. 22, 2023.
Jury selection for the trial began this morning (Tuesday) after a Fairfax County Circuit Court judge denied a bid by Wesley Shifflett’s attorneys to dismiss the indictment charging him with involuntary manslaughter and reckless discharge of a weapon.
According to police and prosecutors, Shifflett and another officer, James Sadler, both fired their guns while chasing 37-year-old Johnson, who had allegedly shoplifted two pairs of sunglasses from Nordstrom.
Fairfax County Police Chief Kevin Davis announced in March 2023 that Shifflett, who reportedly fired the fatal shot, would be fired, though the former officer has challenged the decision. A administrative review of Shifflett’s termination is on hold until after the criminal trial, according to his attorney, Caleb Kershner.
A first grand jury declined to indict Shifflett in April 2023, but Fairfax County Commonwealth’s Attorney Steve Descano got a judge’s approval to convene a second, special grand jury that gave prosecutors more latitude to oversee the investigation, including the option to be in the room when officers testified, according to the Associated Press.
The special grand jury indicted Shifflett on Oct. 12, 2023.
During a hearing on Sept. 6, Fairfax Circuit Court Judge Randy Bellows set rules for what evidence could be included in the trial. He allowed defense attorneys to discuss Johnson’s 2004 conviction for assault — which stemmed from him nearly hitting an ATF agent in Maryland during an attempted vehicle theft — and barred mention of previous cases where Shifflett pulled a gun on people suspected of shoplifting in Tysons.
In addition to denying the request to “quash” Shifflett’s indictment, Bellows determined yesterday (Monday) that prosecutors can acknowledge that Johnson was unarmed when Shifflett shot him — a fact that defense attorneys had sought to exclude from the trial, the Commonwealth’s Attorney’s Office told FFXnow.
Bellows also ruled that a fatal drunk-driving crash that resulted in Johnson pleading guilty in 2019 to involuntary manslaughter can’t be presented to jurors, the Associated Press’ Olivia Diaz reported.
The trial is expected to last about a week, a Commonwealth’s Attorney spokesperson said.
Johnson’s death sparked questions from his family and the Fairfax County NAACP about the Fairfax County Police Department’s policies, particularly regarding the use of guns during foot pursuits, and an uptick in shootings by officers. Since Davis became chief in 2021, there have been 10 police shootings in Fairfax County, including six just in 2022 and one yesterday in Reston.
After the shooting in Tysons, the FCPD commissioned the nonprofit Police Executive Research Forum to conduct an independent review of all police shootings since 2021. Davis reported last October that most of the recommendations had been adopted, though a more robust policy on the use of force during foot pursuits was still in development.
The FCPD’s use-of-force policy, which was last updated on April 29, says deadly force “shall never be used to apprehend” a fleeing person accused of a misdemeanor “unless they pose an imminent threat of serious physical harm or death to the officer or others.” It should only be used in a felony case if it involved violence, other methods “have been exhausted” and the person’s escape “poses a significant threat of serious injury or death.”
The wording has been tweaked slightly, as a previous version of the policy that went into effect on Aug. 12, 2022 said deadly force “shall not” be used to catch a fleeing individual in misdemeanor cases.
