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FAIRFAX COUNTY, Va. (FOX 5 DC) - A grand jury had declined to indict a former Fairfax County police officer in the death of Timothy Johnson, a man who was fatally shot by police outside Tysons Corner Center in February.
Johnson was shot and killed by police on Feb. 22 after fleeing Tysons and being suspected of stealing sunglasses. Former police sergeant Wesley Shifflett, one of the officers involved, was fired.
Caleb Kershner, the lawyer for Shifflett, who is accused of pulling the trigger, said that a Fairfax County grand jury returned a no true bill on Monday, meaning they declined to indict.
Fairfax Co. Police fire officer involved in deadly shooting outside Tysons Corner Center
Fairfax County Police announced on Thursday that one of the officers involved in the deadly shooting of a man alleged to have stole a pair of sunglasses from a store at Tysons Corner Center in February has been fired.
Fairfax County Police Chief Kevin Davis said Shifflett's actions did not meet the expectation of the police department and did not comport with the department's use of force policies.
In order to get an indictment, prosecutors in the Commonwealth Attorney's office would need to convince at least four members of a grand jury made up of five to nine citizens that there is probable cause to believe a crime was committed.
Fairfax County Commonwealth’s Attorney Steve Descano released the following statement:
"Earlier this morning I sat with Timothy Johnson’s family and told them I expected an indictment to come today in the killing of their son, so I can only imagine their pain and shock when they received the news that the officer—who shot and killed their unarmed son—was not indicted. Since, by law, no prosecutors were permitted to be present in the room when the investigating officers made their presentation to the grand jury, I can’t say for sure what information was conveyed to the grand jurors. In light of this outcome, I am evaluating all options on the path forward and continue to grieve Timothy’s loss."