Youngkin Commutes Sentence Of Fairfax Officer In Death Of Black Man

FAIRFAX, VA — Virginia Gov. Glenn Youngkin commuted the sentence of a former Fairfax County Police officer convicted of recklessly discharging a firearm in the 2023 death of an unarmed Black man accused of stealing a pair of designer sunglasses from Nordstrom at Tysons Corner Center.

“I have today used the executive clemency authority granted to me by the Constitution of Virginia and commuted the sentence imposed on Sgt. Wesley Shifflett who was convicted of recklessly discharging a firearm by the Fairfax County Circuit Court,” Youngkin said, in a statement released Sunday night.

Timothy McCree Johnson, 37, was shot and killed on Feb. 22, 2023, in a wooded area near the shopping mall after a foot chase and orders by officers to get on the ground, according to police. He was taken by medics to an area hospital, where he died.

Related: Ex-Fairfax Officer Convicted Of Gun Charge In Death Of Man Suspected Of Stealing

In October 2024 Shifflett was convicted of reckless discharge of a firearm in Johnson’s death, but he was found not guilty of involuntary manslaughter. He was sentenced on Friday to three years in prison, but spent only two nights in jail before he was released about 8 p.m. Sunday, Shifflett's attorney Caleb Kershner told The Washington Post.

“I am convinced that the court's sentence of incarceration is unjust and violates the cornerstone of our justice system — that similarly situated individuals receive proportionate sentences,” Youngkin said. “I want to emphasize that a jury acquitted Sgt. Shifflett of the more serious charge of involuntary manslaughter, a conviction for which the sentencing guidelines recommend no jail time or up to six months’ incarceration.

“In this case, the court rejected the senior probation and parole officer’s recommendation of no incarceration nor supervised probation and instead imposed a sentence of five years’ incarceration with two suspended and an additional five years of probation. Sgt. Shifflett has no prior criminal record, and was, by all accounts, an exemplary police officer. It is in the interest of justice that he be released immediately.”

Youngkin added that his action did not limit Shifflett’s right to appeal the reckless discharge of a firearm conviction.

Following the governor’s announcement, Fairfax County Commonwealth’s Steven Descano denounced Youngkin's pardon.

“I’m outraged at Youngkin’s decision tonight,” Descano said in a statement. “Glenn Youngkin has spent the last four years honing his Trump impersonation, and now he’s following in his footsteps by commuting sentences just to score political points. This is an insult to all Virginians who value an untainted justice system.”

On Feb. 22, 2023, an officer saw Johnson leaving Nordstrom near a parking garage. As he left the store, an anti-theft alarm was activated, police said. The suspect then ran through the parking garage, across the parking lot and into a wooded area while the officers gave him repeated commands to get on the ground, according to police.

Two police officers fired their guns, according to police, striking Johnson in the chest one time.

Shifflett was indicted by a special grand jury in October 2023.