A grand jury declined to indict a Fairfax County, Virginia, police officer who police say shot and killed an unarmed Black man who was suspected to have shoplifted from the Tysons Corner Center mall.
The Fairfax County Commonwealth’s Attorney Office sought an indictment of Sgt. Wesley Shifflett on charges of involuntary manslaughter and reckless discharge of a firearm in the death of Timothy Johnson, court documents show. But the grand jury returned a “no true bill,” meaning they did not find probable cause to bring the charges.
Johnson died after police chased him and shot him in a wooded area near the Tysons Corner Center mall in Northern Virginia on Feb. 22. He was 37.
Johnson had been suspected of stealing a pair of sunglasses, which likely was a misdemeanor offense.
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Shifflett's attorney said his client was relieved and has fully cooperated with the investigation. Shifflett had believed Johnson was pulling out a gun, attorney Caleb Kershner said.
“The way that Officer Shifflett saw it at that moment was that he had to do this or he would almost in an instant be dead, given the circumstance. Everybody knows it’s reasonable to believe someone digging in their waistband as if they were pulling out a gun — that’s exactly what’s happening,” he said.
Commonwealth’s Attorney Steve Descano said he had expected Shifflett to be indicted.
“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,” Descano said in a statement. “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.”
Descano had been scheduled to address the public, but a press conference was cancelled. His office may try to bring the case to another group of grand jurors, which typically is only done when new evidence comes to light.
Johnson’s mother and father were at the courthouse on Monday, awaiting word on what they thought would be an indictment.
His mother, Melissa Johnson, previously called for an independent investigation.
"Was shoplifting right? Absolutely not. But we have laws in place to address shoplifting. Should my son have been murdered because he shoplifted from the mall?" she asked.
Police have said that two officers shot at Johnson. Shifflett was fired from the police department about a month after the killing. His actions did not “meet the expectations” of the police department, and he did not follow use-of-force protocols, Police Chief Kevin Davis previously said.
Officer James Sadler was placed on restricted duty.
Police body camera footage shows that soon after the shooting, Shifflett said, “He was continually reaching in his waistband. I told him, 'Let me see your hands. Let me see your hands.'" However, Shifflett was not heard giving that command on the video.
Descano said in March that he would make a decision soon on whether to file charges against the officers.
"I have seen and am devastated by the body-worn camera footage showing yet another death of a Black man at the hands of police," he said in a statement.
Shifflett’s lawyer said Monday that efforts will begin soon to get the officer reinstated.
