The trial for a former Fairfax County police sergeant who shot and killed a D.C. man outside Tysons Corner Center came to a close today (Thursday).
A 12-member jury will now decide if Wesley Shifflett is guilty of involuntary manslaughter and reckless discharge of a weapon — nearly two years after the Feb. 22, 2023 killing of 37-year-old Timothy McCree Johnson.
Police alleged that Johnson stole two pairs of sunglasses from a Nordstrom store within the mall, leading officers on a foot pursuit that ended in a wooded area nearby. Shifflett and another officer fired their guns, hitting Johnson once in the chest. He was later pronounced dead at a local hospital.
In his closing argument delivered today, defense attorney Caleb Kershner reiterated that his client had acted in self-defense. He argued that Shifflett followed his training and reacted as any reasonable police officer would have to the circumstances, including a moment when Johnson allegedly tugged on his waistband.
“Sergeant Shifflett did not put himself in this position,” Kershner said. “He was doing his job.”
According to Kershner, pursuing officers issued verbal commands for Johnson to get on the ground, but a variety of factors — including the unknown of whether Johnson had a weapon — led to a heightened sense of defense. Shifflett, having shot twice in Johnson’s direction, intended to shoot him as a means of eliminating a threat to the public, Kershner said.
The Fairfax County Police Department later confirmed that Johnson didn’t have a weapon, but his actions led Shifflett and other officers to believe otherwise, Kershner argued.
“Think of it this way: we have everything but a gun here,” Kershner said. “If they had found a gun on Mr. Johnson, would we be here?”
In a rebuttal, however, prosecutors argued that Shifflett was reckless in firing his gun at night near a busy shopping mall.
“I’m not telling you that he did not feel the feeling [of danger],” Deputy Commonwealth’s Attorney Jenna Sands told the jury. “I’m telling you that he was unreasonable.”
“Timothy [Johnson] died because [Shifflett] was not doing his job the way the law expected him to,” she later added.
Shifflett was indicted by a special grand jury convened by Fairfax County Commonwealth’s Attorney Steve Descano in October 2023 after a first grand jury declined to approve charges that April.
Started on Sept. 17, the trial hit a snag yesterday (Wednesday) when prosecutors accidentally showed body camera footage during their closing argument that hadn’t been admitted as evidence. Shifflett was seen telling a supervisor that he told Johnson to show his hands, even though the video showed he actually only issued a command to get on the ground, according to media reports.
The defense team indicated plans to seek a mistrial, but this morning, they opted not to take that route after Judge Randy Bellows said he couldn’t guarantee a mistrial with prejudice, which would prevent prosecutors from retrying the case.
Jurors can find Shifflett guilty or not guilty on each of the charges individually, and do not have to find in the same result for both charges. The decision must be unanimous for a conviction on either charge.
In March 2023, Fairfax County Police Chief Kevin Davis said Shifflett would be fired as he showed “a failure to live up to the expectations of our agency, in particular use of force policies.” Shifflett later challenged the decision, though an administrative appeal remains on hold during the criminal trial.
