No Indictment In Fatal Police Shooting Surprises Fairfax Prosecutor

TYSONS, VA — A Fairfax County grand jury chose not to indict a police officer accused of fatally shooting Timothy Johnson outside Tysons Corner Center in February, the Fairfax County Commonwealth's Attorney's office said Monday.

The office of Commonwealth’s Attorney Steve Descano had sought charges for involuntary manslaughter and reckless discharge of a firearm against Sgt. Wesley Shifflett, the police officer who shot and killed Johnson, an unarmed Black man suspected of shoplifting, on Feb. 22.

Descano had scheduled a news conference for noon on Monday to share an update in the case, but the event was canceled after the grand jury’s decision came out.

In a statement, Descano said he had expected the grand jury to indict the police officer.

"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.

"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," he added.

Descano said he is evaluating all options "on the path forward" in light of the grand jury's decision.

READ ALSO: Fairfax Co. Police Officer Fired After Fatal Shooting At Tysons Corner

The commonwealth's attorney has the option to seek an indictment from another grand jury, ABC7 reported Monday.

The 37-year-old Johnson, who lived in Washington, D.C., was shot and killed by police after he was suspected of stealing sunglasses from the Nordstrom department store inside the mall.

On March 23, Fairfax County Police Chief Kevin Davis said Shifflett would be fired from the Fairfax police department. Davis said at a news conference that day that the firing was due to “a failure to live up to the expectations of our agency, in particular use of force policies.”

The other police officer involved in the shooting was placed on modified restricted duty.

On March 4, the department identified the two officers involved in the shooting as Shifflett, a seven-year veteran of the department, and Police Officer First Class James Sadler, an eight-year veteran of the department. According to the department, both officers fired their weapons.

The shooting occurred after Shifflett and Sadler chased Johnson on foot from the mall after receiving a report from security guards that Johnson had stolen sunglasses from a Nordstrom department store.

Body-cam video from one of the officers shows him catching up to Johnson. Police said that after yelling at Johnson to “get on the ground,” two officers fired their guns. One shot struck Johnson in the chest, killing him.

Johnson had stopped running and was crouching, police said. After watching the video, a lawyer for Johnson’s family called it “an execution.”

Johnson's mother, Melissa Johnson, said officers shot her son when all they knew at the time was “that he was Black and male and had allegedly triggered an alarm from a store for some sunglasses.”

Caleb Kershner, a lawyer for Shifflett, said his client's actions were legal and reasonable, The Washington Post reported Monday. “When someone goes into a tumble, turns toward you in an aggressive manner, and starts digging into their waistband exactly as if they were pulling a gun, what other reasonable conclusion can a person draw?” Kershner said.

Kershner said it would be “vindictive and almost anti-police” if Descano were to try to seek an indictment from a different grand jury, The Associated Press reported.

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