Virginia Gov. Glenn Youngkin commuted the prison sentence of a former Fairfax County officer who shot and killed an unarmed man suspected of shoplifting at a mall in Tysons in 2023.
Former police sergeant Wesley Shifflett was sentenced Friday to three years in prison after the death of 37-year-old Timothy Johnson outside Tysons Corner Center. He was convicted of reckless handling of a firearm and acquitted of involuntary manslaughter.
Shifflett walked out of jail Sunday night after less than three full days behind bars, heading back home to his wife and daughter.
In a statement Sunday night, the Republican governor called the sentence “unjust.”
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“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. 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,” Youngkin said.
“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,” he continued. “My action does not limit Sgt. Shifflett’s right to appeal his reckless discharge of a firearm conviction.”
Shifflett testified he shot Johnson in self-defense because he saw Johnson reaching into his waistband, possibly for a gun. Johnson was unarmed. Prosecutors said Shifflett acted recklessly by chasing Johnson into a dark, wooded area and firing two shots without ever identifying a gun.
During closing arguments, the prosecution told the jury Shifflett was unreasonable, shot at Johnson without aiming and was not doing his job as expected. The defense put several officers on the stand, including the Fairfax County officer who trains recruits on deadly force at the academy. They testified Shifflett complied with his training and did not have to see a gun to use deadly force.
News4 spoke with Shifflett’s defense attorney, Caleb Kershner, on Sunday night. He called the governor’s commutation “a tremendous relief.”
Johnson’s mother said she first learned of the governor’s decision when News4 texted her Sunday night. She had sharp words at a news conference Monday with Fairfax County Commonwealth’s Attorney Steve Descano.
“Governor Youngkin’s actions are egregious, malicious and prejudiced,” Melissa Johnson said.
Descano accused the governor of failing to carefully review the evidence that led to Shifflett’s conviction, and of making a decision driven by politics.
“Glenn Youngkin’s decision to commute this sentence is garbage. It’s absolute garbage. It’s outrageous. It’s outrageous because it has nothing to do with the law or the facts. It has everything to do with Glenn Youngkin’s political ambition and trying to get on Donald Trump’s radar.”
“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.”
Shifflett’s defense attorney said he greeted his client with a hug Sunday night. A Youngkin legal team member was on hand. Kershner said the governor’s legal advisors had followed the case for weeks.
Shifflett’s conviction on the firearm charge still stands, blocking him from returning to law enforcement work. He was fired from the Fairfax County force shortly after the fatal shooting.
Kershner said he’s reviewing whether to appeal to try to get the conviction wiped away. He has 30 days to decide. Then, it could take at least a year for the appeals court to decide.
Melissa Johnson said she’ll continue to fight for justice for her son.
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