Ex-police officer’s lawyers argue he intended to kill unarmed shoplifting suspect

WASHINGTON - Lawyers for a former northern Virginia police officer charged with involuntary manslaughter told the judge that he intended to kill an unarmed man suspected of shoplifting a pair of sunglasses.

Wesley Shifflett is charged with involuntary manslaughter and reckless discharge of a weapon in the killing of 37-year-old Timothy McCree Johnson near a busy shopping mall on Feb. 22, 2023. Shifflett and another Fairfax County police officer chased Johnson on foot after receiving a report from security guards that Johnson had stolen sunglasses from a Nordstrom department store in Tysons Corner Center.

Fairfax County prosecutors rested their case against Shifflett Monday. 

Shifflett's lawyers told the judge Monday that he intended to kill Johnson as he was fleeing Tyson’s Mall. 

"Shifflett is charged with involuntary manslaughter — a crime of criminal negligence meaning showing a reckless disregard for human life, like dropping a bowling ball off a tall building or shooting in a crowd," said FOX 5's Katie Barlow. "Shifflett’s lawyer said any reasonable person would conclude from that footage that Shifflett intended to kill and it was self-defense. The argument is: because he intended to kill Johnson, he can’t be guilty of involuntary manslaughter." 

Police body camera footage shows the nighttime chase and shooting.  In the footage, Shifflett can be heard ordering Johnson to stay on the ground and later to "stop reaching." Both officers opened fire, but Shifflett fired the fatal shot.

Later, Shifflett tells another officer that he saw the suspect reaching for a weapon in his waistband. Police searched for a weapon but found nothing.

Johnson was unarmed. 

The Fairfax County Police Department fired Shifflett for what Fairfax County Police Chief Kevin Davis called "a failure to live up to the expectations of our agency, in particular use of force policies."

Fairfax County judge Randy Bellows called the argument peculiar at many levels before denying the defense’s request to toss the case. 

Jurors also heard from another Tyson’s officer on the scene, who testified that Tyson’s has become a high crime area, particularly in the last three years with fights and more frequent foot pursuits.

Closing arguments are expected Tuesday or Wednesday.