Ex- Virginia cop who killed shoplifting suspect acquitted of manslaughter, guilty on firearm charge

[Eugene]

Source: Associated Press

Ex- Virginia cop who killed shoplifting suspect acquitted of manslaughter, guilty on firearm charge

By MATTHEW BARAKAT and OLIVIA DIAZ
Updated 8:09 PM EDT, October 4, 2024

FAIRFAX, Va. (AP) — A jury on Friday acquitted a former police officer in Virginia of involuntary manslaughter after he fatally shot a shoplifting suspect outside a busy shopping mall.

But the jury did convict the former police sergeant, Wesley Shifflett, of reckless handling of a firearm in connection with the shooting.

Prosecutors argued that Shifflett, then a sergeant with Fairfax County Police, acted recklessly when he shot and killed an unarmed man, Timothy McCree Johnson, after a short foot chase outside Tysons Corner Center in February 2023.

Shifflett testified in his own defense and claimed self defense. He said he saw Johnson, 37, reaching into his waistband after falling down during the chase, and he was worried that Johnson might be drawing a weapon.

-snip-

Read more: https://apnews.com/article/virginia-fairfax-police-fatal-shooting-trial-9f0a77ca7a2d40b9a5cc826570c77ee4

[Stargazer99]

1. why do they always have to shoot to kill?

[Eugene]

2. Training. Shoot to stop. Shoot to take the threat actor down.

Multiple shots as necessary.

[bottomofthehill]

4. They are trained to shoot at the largest part of the body, the chest

It helps to keep others around safe. If you have to discharge your weapon it is because your life or the life of others is in danger. Shooting to wound is easy in the movies and video games but more difficult in real life.

[aocommunalpunch]

3. ACAB. Again.

And again. And again.

[MichMan]

5. Impressive. If the first grand jury wouldn't indict, keep trying until you find one that will

Prosecutors struggled at points to present their case against Shifflett. Initially, a grand jury declined to indict him. At that point, Fairfax County Commonwealth’s Attorney Steve Descano, who won office on a campaign platform that included holding police officers accountable for misconduct, convened a special grand jury that operated under rules that gave Descano more oversight over the process.The special grand jury returned indictments on charges including involuntary manslaughter and reckless handling of a firearm.

During closing arguments, prosecutors played for the jury a snippet of Shifflett’s bodycam video that had not been entered as evidence at trial, briefly raising concerns about a mistrial before defense lawyers opted against requesting one.

[The Wizard]

6. The standard police response used to be they saw the suspect

holding a shiny object. Now the suspect was reaching for his waistband. That or something made him / her fear for their lives. Having spent time in combat I can say you don't shoot anything that moves, lest you want to be out of ammunition when confronted by a well armed enemy .

[C0RI0LANUS]

7. Fairfax County is 49.5% white; 9.6% black per county statistics, so the jury make-up may be a part of this.

Fairfax County is an affluent (white) area of Virginia. A jury in Maryland or Wash DC may have found Shifflett guilty of involuntary manslaughter, but this is speculative on my part.

Either way, shoplifting should not be a death sentence. Timothy Johnson faced a Class 1 misdemeanor under Virginia Code 18.2-96 if the purloined item was valued under $200.

Shifflett was a Sergeant and showed cardio-vascular endurance with the foot chase, but also demonstrated poor tactics as the prosecutor pointed out. Years ago the police in one state out west were taught to say the suspect made a "furtive move."

Maybe the Feds will prosecute Shifflett on denying Mr. Johnson his civil rights: Non-concurrent terms of five state and five federal = ten years.

BTW: Fairfax County PD requires a polygraph exam and psych assessment at hiring.

Sources:

https://www.fairfaxcounty.gov/demographics/sites/demographics/files/Assets/demographicreports/fullrpt.pdf

https://www.fairfaxcounty.gov/police/join-fcpd