An officer who fatally shot a McLean man in 2022 violated Fairfax County Police Department policies, but the shooting itself was within policy and legal bounds, a new report on the FCPD’s investigation says.

In the report, which was released yesterday (Wednesday), Fairfax County Independent Police Auditor Richard Schott affirmed the police department and Fairfax County Commonwealth’s Attorney Steve Descano’s findings that none of the three responding officers violated criminal law when they tased and shot 26-year-old Jasper Aaron Lynch at his home on July 7, 2022.

“I believe the conclusions reached by the department were correct in this case, although I acknowledge they may be difficult to accept,” Schott wrote. “The death of [Lynch] was unquestionably tragic. But that does not mean that the force — even the deadly force — used during the incident was legally unreasonable.”

Though it determined the shots and tasings were “lawful and allowed by departmental policy,” the FCPD’s investigation found that the officer who shot Lynch — identified by police as Edward George — violated other policies by not turning on his body-worn camera during the first of two calls to the house on Arbor Lane and not carrying his taser during either response, according to Schott’s report.

The department requires all officers to activate their body camera when making contact with community members during calls for service, and officers certified to carry an “electronic control weapon” must have it on their person. George had left his taser “in the trunk of his patrol car,” the report says.

An FCPD spokesperson declined to comment on whether George faced any discipline for the policy violations, stating that the department “cannot release details about administrative personnel files.”

No criminal charges against officers

Lynch’s sister and a family friend called the police twice that night seeking assistance for Lynch, who was experiencing a mental health crisis. During the second call, one officer deployed a taser twice after Lynch threw a “wooden tribal mask” at him, according to the report.

Four seconds later, another officer tased Lynch when he began approaching while carrying a wine bottle, which he then dropped. George fired four shots with his handgun, followed by a fifth into Lynch’s neck after Lynch collided with the second officer.

Lynch died at the scene. As described in Schott’s report, the encounter unfolded within a minute of the officers entering the home at 8:52 p.m. Read More

(Updated at 4:30 p.m. on 8/3/2023) The former Fairfax County police officer who reportedly shot and killed D.C. resident Timothy Johnson on Feb. 22 in Tysons lost a court petition seeking reinstatment earlier this month.

Wesley Shifflett’s petition alleging that the county violated his due process rights and its own policies during a grievance review was rejected by Fairfax County Circuit Court Judge Stephen Shannon, who affirmed County Executive Bryan Hill’s conclusion that the Fairfax County Police Department had followed proper county procedures.

“The County Executive’s determination was neither arbitrary and capricious, nor made in bad faith,” Shannon wrote in a July 6 opinion letter. “In contrast, the determination was well-grounded in fact and proper.”

(This story has been updated to clarify that the petition was asking the court to review the grievance process, an administrative review that will determine whether Shifflett’s firing should be upheld.)

A seven-year veteran of the department, Shifflett was officially fired by the FCPD on April 14, a couple of weeks after Fairfax County Police Chief Kevin Davis informed both the officer and the public of his decision on March 23, according to court documents.

The FCPD identified Shifflett and James Sadler, an eight-year veteran of the department, as the two officers who fired their guns at Johnson during a foot chase outside Tysons Corner Center. The mall’s Nordstrom had called the police around 6:30 p.m., reporting that Johnson was attempting to shoplift sunglasses.

Video of the encounter shared by police showed the officers pursuing Johnson into a wooded area, where one of them trips and says, “Stop reaching.” Three gunshots were apparently fired, two before the officer tripped and one afterwards.

(An earlier version of this article incorrectly said that all three shots were fired after the officer tripped.)

Police said Shifflett was responsible for the fatal shots, the Washington Post previously reported. Sadler was put on modified restrictive duty during a criminal investigation into the shooting, but he retained his job.

In a pair of memos to Shifflett dated March 23 and 30, Davis said his “performance during this incident and personal conduct…have failed to meet the expected standards required for continued employment” with the FCPD.

Shifflett made “shifting and inconsistent statements” during interviews with Major Crimes Bureau and internal affairs detectives that left it unclear whether he fired his gun intentionally “in response to a perceived threat” or by accident, Davis wrote in the March 30 memo.

“Your demonstrated inability to definitively state whether or not you meant to intentionally fired [sic] your weapon at Mr. Johnson that evening diminishes your credibility in this case, and accordingly undermines your ability to be a law enforcement officer,” Davis said. “Therefore, looking at the totality of the circumstances in this case, I no longer have confidence in your abilities to serve and protect the Fairfax County community as an FCPD officer.”

In a petition filed in court on May 30, Shifflett argued that Davis didn’t sufficiently explain the reasons for his termination and that the subsequent grievance process challenging the decision had “procedural deficiencies.” Read More

(Updated at 6:15 p.m.) The Fairfax County police officer who allegedly fired the gunshot that killed Timothy McCree Johnson outside Tysons Corner Center last month will be fired, Chief Kevin Davis announced this afternoon (Thursday).

Davis didn’t identify the officer removed from duty, but the Washington Post reports that Sgt. Wesley Shifflett, a seven-year veteran of the Fairfax County Police Department, is believed to have fired the fatal shots.

The announcement was made at a 1 p.m. press conference, where the FCPD publicly released surveillance and body camera footage of the Feb. 22 encounter, which began with Johnson allegedly shoplifting a pair of sunglasses from Nordstrom and evolved into an extended foot chase.

“As a parent, my heart is still broken,” Melissa Johnson, Timothy’s mother, said. “I feel like I can just breathe a little bit lighter after hearing the announcement today, but we’re still waiting to see exactly what’s going to happen.”

The second officer involved — previously identified as eight-year veteran James Sadler — has been kept on modified restricted duty as a criminal investigation into the shooting continues.

Carl Crews, a lawyer representing the Johnson family, called Shifflett’s firing an “appropriate” move for an apparent violation of the FCPD’s use-of-force policy.

“But we’re not satisfied,” Crews told FFXnow. “The process needs to continue. The Commonwealth’s Attorney’s Office needs to indict. There needs to be a charge against the officer, because a life was taken wrongly.”

The FCPD policy permits the use of deadly force against someone who’s fleeing if they’re suspected of committing a felony and their escape could pose a “significant threat” to others.

It’s unclear exactly where Johnson was in relation to the pursuing officers from the over eight-minute video compilation that the FCPD released. Shifflett can be heard saying that Johnson is going into the woods and yelling “get on the ground.”

He then appears to trip on the underbrush and says “Stop reaching.” The body camera’s lens gets briefly covered up as Shifflett reports “shots fired,” though the video needs to be slowed down and digitally enhanced to hear the three “pops” of gunshots.

Johnson did not have a weapon.

Police have confirmed that both Shifflett and Sadler fired their weapons, which means they both need to be held accountable, Crews argues.

“If [the other officer] was involved in the shooting, firing his weapon…he also violated the Fairfax County police officer policy for the use of deadly force, so he should be fired as well,” Crews said.

Fairfax County Board of Supervisors Chairman Jeff McKay confirmed that a notice of separation was served to one of the officers involved, expressing support for Davis’s decision in a lengthy statement that called the released video “disturbing.” Read More