Fairfax Co officer’s lawyer opens up on split verdict and mistrial decision
Fairfax County Police
Former Fairfax County Police Officer Wesley Shifflett's attorney spoke exclusively with FOX 5 just one week after a jury delivered a split verdict in the high-profile deadly shooting case.
A jury acquitted Shifflett of involuntary manslaughter in the February 2023 shooting of Timothy McCree Johnson but found him guilty of reckless discharge of a weapon.
Following the verdict, Melissa Johnson, the mother of the late Timothy McCree Johnson, expressed her sense of justice.
She told reporters that although she has not received condolences from Shifflett or his family, she forgives him.
When asked if Shifflett would be open to offering condolences, his defense attorney, Caleb Kershner, said, "Obviously there are motions, and they are continuing. This is a sad situation that no officer wants to be in, having to make a split-second decision. Of course, we feel for his family."
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Jury finds ex-Fairfax officer Wesley Shifflett not guilty of involuntary manslaughter
A jury has found former Fairfax County police sergeant Wesley Shifflett not guilty of involuntary manslaughter but guilty of reckless handling of a firearm.
Shifflett testified during the trial that he believed Johnson, who was suspected of shoplifting, was reaching for a gun when he shot him.
Shifflett acknowledged that he knew the bullet could kill Johnson, who was unarmed.
The reckless handling of a firearm charge is a felony, and Shifflett faces up to five years in prison.
Kershner also addressed the defense's decision not to request a mistrial, despite a significant mistake by the prosecution during closing statements.
Family reacts to verdict in deadly police shooting outside Tysons Corner Center
The family of Timothy McCree Johnson reacts to a split verdict after a jury found former Fairfax County police sergeant Wesley Shifflett not guilty of involuntary manslaughter but guilty of reckless handling of a firearm.
Fairfax County prosecutors played a portion of Shifflett's body camera footage that had not been entered into evidence, a violation of court procedure.
Shifflett was concerned the footage would prejudice the jury, but his legal team ultimately decided against moving for a mistrial.
"Ultimately, it was Sergeant Shifflett's decision to make," Kershner explained. "A mistrial could have come without prejudice, meaning the Commonwealth could have remedied their mistakes and put on an even stronger trial."
Former Fairfax Co. police officer found not guilty of involuntary manslaughter
A jury has found former Fairfax County police sergeant Wesley Shifflett not guilty of involuntary manslaughter but guilty of reckless handling of a firearm. FOX 5's Chief Legal Correspondent Katie Barlow breaks down the charges.
In the body camera footage, Shifflett can be heard telling fellow officers he ordered Johnson to "show me your hands," though the court determined that command was never given.
Prosecutors are prohibited from showing the jury evidence that is not officially entered due to the risk of unfairly influencing their judgment.
Though Shifflett was acquitted of the more serious charge of involuntary manslaughter, he still faces up to five years in prison for reckless handling of a firearm.
The judge is considering whether to strike the case entirely, and sentencing remains scheduled for late February.