A former Fairfax County police officer is standing trial for the fatal shooting of 37-year-old Timothy McCree Johnson, an unarmed man suspected of shoplifting. Wesley Shifflett, who was dismissed from the force after the incident, faces charges of involuntary manslaughter and reckless discharge of a weapon.
The Shooting Incident
The fatal shooting took place on February 22, 2023, near the Tysons Corner shopping mall in northern Virginia. Shifflett and another officer responded to a report of shoplifting from a Nordstrom department store, chasing Johnson on foot after he allegedly stole a pair of sunglasses.
Body camera footage of the nighttime chase shows Shifflett ordering Johnson to stay on the ground and later warning him to “stop reaching.” Both officers fired their weapons, but Shifflett’s shot was fatal. Shifflett later claimed he saw Johnson reaching for a weapon in his waistband, but no weapon was found during the search.
Firing and Legal Proceedings
Shifflett was fired from the Fairfax County Police Department in March 2023, with Police Chief Kevin Davis citing a “failure to live up to the expectations of our agency,” particularly regarding use-of-force policies. Although a grand jury initially declined to indict Shifflett, Fairfax County Commonwealth’s Attorney Steve Descano sought approval for a special grand jury to reinvestigate the case. The second panel eventually indicted Shifflett on charges of involuntary manslaughter.
Arguments from the Defense and Prosecution
Shifflett’s attorney, Caleb Kershner, has criticized the decision to impanel a special grand jury, arguing that police officers are frequently put at risk and must make split-second decisions. He stressed that Shifflett acted in a high-pressure situation where he believed his life was in danger.
Prosecutors, led by Barry Zweig, filed motions to introduce evidence suggesting that Shifflett had aimed his weapon at shoplifters in other situations. However, Circuit Court Judge Randy Bellows denied that request, but allowed the defense to present evidence about Johnson’s criminal history.
Johnson’s Past and Trial Evidence
Johnson’s criminal history has been a point of contention in pretrial hearings. In 2004, as a juvenile, Johnson pleaded guilty to second-degree assault after attempting to steal a car from an off-duty ATF agent. In 2019, Johnson also pleaded guilty to involuntary manslaughter following a fatal DUI crash in Washington. While the court allowed some of Johnson’s past offenses to be introduced, the 2019 manslaughter charge will not be presented to the jury.
What’s at Stake
If convicted, Shifflett faces significant legal consequences. The trial is expected to explore issues of police conduct, the use of force, and the responsibility officers have when responding to suspected crimes, especially those involving unarmed individuals.
