Former Virginia police officer sentenced to 3 years after killing shoplifting suspect

FAIRFAX, Va. - A former Northern Virginia police officer was sentenced to three years on Friday, after fatally shooting a shoplifting suspect outside a busy shopping mall in Fairfax County.

The former officer was sentenced to five years with two years suspended, meaning he will serve three years of active incarceration with supervised probation for five years. 

Sentencing set for fatal shooting incident at Tysons Corner Center

What we know:

Wesley Shifflett, a former sergeant with Fairfax County Police, shot and killed Timothy McCree Johnson, an unarmed man, after a short foot chase outside Tysons Corner Center in February 2023. Shifflett and another Fairfax County police officer chased Johnson after security guards reported that Johnson had stolen sunglasses from a Nordstrom department store in the mall.

Prosecutors argued that Shifflett acted recklessly during the incident. During the trial, Shifflett said he saw the 37-year-old Johnson reaching into his waistband after falling during the chase and feared he might be drawing a weapon. Police searched for a weapon but found nothing.

Shifflett testified in his own defense, claiming self-defense. Police body camera footage showed the nighttime chase and shooting. Both officers opened fire, but Shifflett fired the fatal shot. Fairfax County Police Chief Kevin Davis fired Shifflett shortly after the shooting for violating the department’s use-of-force policies.

Initially, a grand jury declined to indict Shifflett in the shooting, but Fairfax County Commonwealth’s Attorney Steve Descano sought and received court approval for a special grand jury to reinvestigate, which he said gave prosecutors greater oversight of the investigation.

READ MORE: Jury finds ex-Fairfax officer Wesley Shifflett not guilty of involuntary manslaughter

Former Virginia police officer who killed shoplifting suspect to be sentenced 

Former officer convicted of reckless handling of a firearm

Prosecutors faced difficulties presenting their case against Shifflett, and the trial faced multiple delays. At one point, defense lawyers sought a mistrial, arguing that the prosecutors’ closing argument included evidence never introduced at trial.

A jury acquitted Shifflett of involuntary manslaughter last October but convicted him of reckless handling of a firearm in connection with the shooting. Shifflett will be sentenced on Friday on the firearm charge, a felony punishable by up to five years in prison.

READ MORE: Fairfax Co officer’s lawyer opens up on split verdict and mistrial decision