Shot and killed: Timothy McCree Johnson
  

On Friday, Oct. 4, a jury made up of eight women and four men convicted former FCPD Sergeant Wesley Shifflett, 36, of reckless handling of a firearm, related to the shooting death of Timothy McCree Johnson, 37, on February 22, 2023. The jury found him not guilty of involuntary manslaughter. Felony reckless discharge of a firearm carries a maximum penalty of five years imprisonment. It acknowledges Shifflett bears some criminal responsibility in the shooting death. A sentencing hearing is set for Feb. 28, 2025. Caleb Kershner, Shifflett’s attorney, said he plans to appeal.

”I hope it gives the Johnson family some closure to know that they are not alone in seeing that Mr. Shifflett did not act in accordance with the law,” said Commonwealth’s Attorney Steve Descano. 

Shifflett and another officer chased Johnson, suspected of shoplifting two pairs of sunglasses from Nordstrom, in a foot pursuit from the Tysons Corner Center mall into a dark, wooded area. Schifflett testified, “[Johnson] tripped and did a barrel roll and as soon as he tripped, he came up on his knees and was facing me … He just looked at me and didn’t respond to commands. He then reached into his waistband and was moving back and forth.” Shifflet testified he was the “most scared” he had ever been.

Shifflett fired his gun and a bullet from his gun hit Johnson once in the chest.  The police body-camera footage confirms Schifflett saying, "Stop reaching," after he fired. Other officers rushed to Johnson and rendered aid. Police found that Johnson did not have a weapon. Johnson was pronounced dead at the hospital. 

“Unfortunately, we have a two-tiered system of justice where some people’s lives and liberty are worth more than others. And certainly, there are still institutional barriers to holding law enforcement officers accountable when they break the law,” said Descano. He explained that Virginia law allows officers, but not prosecutors, to present evidence to a regular grand jury, giving police more power at the critical prosecution stage. 

“I want the people of Fairfax County to know that whether it is in the community, in the courtroom, or in the halls of power in Richmond, we will continue to fight for a fair and just system that meets the needs of all our community members,” Descano said.

Shifflett's attorneys argued he was doing what he was trained to do and put a law enforcement officer on the stand who said officers are trained to fire twice when they believe they are in danger. “He was acting in self-defense … He was acting to preserve his own life, that’s not even close to negligence.” Kershner said during the case.

Melissa Johnson, Timothy’s mother, said in a televised statement after the court's verdict on Friday that most Black and brown families who find themselves in the same situation do not even get this far. She highlighted what “they have achieved in this wrongful death case in 590 days is unprecedented, and it is a miracle.” 

Fairfax County Police Chief Kevin Davis fired Shifflett soon after the shooting.

The trial encountered near mistrials, according to Johnson. Defense lawyers filed, then withdrew, a motion for a mistrial after a witness testified without his lawyer present. Jurors watched a portion of police body-camera footage of Shifflett telling his supervisor he told Johnson to show him his hands — a command he never gave during the pursuit. The court refused to admit that portion of the video as evidence. Later, the lead prosecutor experienced a medical emergency, delaying the proceedings for a week. 

Johnson said that they 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.”

Johnson thanked Descano and his team. “The Commonwealth has shown to do what is right ... even when doing so meant poking the Blue hornet’s nest. Today’s verdict has afforded Mr. Shifflett a second chance, a benefit that my son, Timothy McCree Johnson, was not afforded.”

“We stand for ‘Justice for Timothy’, and today we accept the jury's verdict,” Johnson said. “I forgive [Shifflett] and I have no malice in my heart toward him. He knows the truth and that is between him and his Maker.”

Look Back at ‘Justice for Timothy.’ April 1, 2023

Melissa Johnson stood for two hours at the Fairfax NAACP Justice Rally outside the Fairfax County Government Center on April 1, 2023,  The Connection reported. “My heart is broken … I volunteered to add my voice to help this go a little bigger and broader. Yes, this is about Timothy, but this is a justice rally for us to petition the leaders of this county here to do the right thing, for the right reason.”

What was most difficult for Johnson, she said, was that, as a mother, she watched the police body-camera footage. “I witnessed my son's testimony as he lay there after being shot. Timothy yelled out, ‘I don’t have anything in my hand.’ … 

“Remembering my son’s last words, before he took his last breath, he said to that officer, ‘Hurry, hurry.’ I say that to you ... Chief [Davis], ‘Justice.’ I say that to you, Supervisor McKay; I say that to you, Commonwealth’s Attorney Descano. Hurry, hurry. Justice is calling. Hurry … This is why I am here. Timothy's right to due process was taken away from him when both officers, not under any danger, imminent or otherwise, willfully made a decision to pursue him, unholster their guns, and fire their weapons.”

To learn more about the Fairfax County Police Department General Order governing the use of force, review General Order 540: https://www.fairfaxcounty.gov/police/sites/police/files/assets/images/chief/generalorders/go_540.pdf