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

FAIRFAX, Va. - A jury has found former Fairfax County police sergeant Wesley Shifflett not guilty of involuntary manslaughter but guilty of reckless handling of a firearm. 

The verdict comes after jurors deliberated for over 10 hours regarding Shifflett’s actions during a fatal shooting incident last year outside Tysons Corner Center, a busy shopping mall in Northern Virginia.

Ex-Fairfax County police officer Wesley Shifflett

The former officer was facing two charges during the trial, which ultimately led to a mixed outcome. 

While the involuntary manslaughter charge could have resulted in a sentence of up to 10 years in prison, Shifflett will face less time under the reckless handling charge.

The judge has scheduled a sentencing hearing for February 28, 2025.

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

A jury has found former Fairfax County police officer Wesley Shifflett not guilty of involuntary manslaughter but guilty of reckless handling of a firearm.

Shifflett had testified that he shot Timothy McCree Johnson in self-defense after a short foot chase when he believed Johnson was reaching for a gun in his waistband. However, it was revealed that Johnson was unarmed. Prosecutors argued that Shifflett acted recklessly by chasing Johnson into a dark, wooded area and firing two shots without confirming whether Johnson was armed.

The trial encountered multiple challenges, including a significant error during the prosecution's closing arguments. Prosecutors mistakenly played a snippet of body camera footage that had not been introduced as evidence, which depicted Shifflett explaining that he had told Johnson to "show me your hands," a statement he did not make. Following this incident, the defense considered requesting a mistrial but ultimately decided against it.

"The defense was entitled to move for a mistrial at that point," Barlow explained. "They chose to roll the dice with the jury here, and in rolling the dice, they got a split decision ultimately."

READ MORE: Closing argument prompts mistrial request from lawyers for ex-Fairfax Co. police officer

In closing arguments, Shifflett's defense attorney, Caleb Kershner, argued that Shifflett believed his life was in danger when he saw Johnson reaching for his waistband. Kershner speculated that Johnson was attempting to discard sunglasses he had stolen from Nordstrom, not a firearm. He urged the jury not to judge Shifflett's split-second decision with hindsight, emphasizing the adage, "Better to be judged by 12 than carried by six."

In response, prosecutor Jenna Sands urged the jury to convict Shifflett for both charges, asserting that pursuing Johnson over stolen sunglasses was reckless and that firing shots in a crowded area was unreasonable.

The case against Shifflett began when a grand jury initially declined to indict him. Fairfax County Commonwealth’s Attorney Steve Descano then convened a special grand jury, which ultimately issued indictments for involuntary manslaughter and reckless handling of a firearm.

The proceedings were also delayed when the lead prosecutor suffered a medical emergency, leading to a week-long pause in the trial. Despite these challenges, the jury was able to reach a verdict, concluding a significant chapter in the high-profile case surrounding Shifflett’s actions.

Fairfax County Police Chief Kevin Davis terminated Shifflett following the incident, citing violations of the department’s use-of-force policies. He acknowledged the ambiguity present in the body camera footage, stating, "More often than not, the police body camera footage speaks for itself. This time, it does not."