Fairfax Co officer’s lawyer speaks out on split verdict and mistrial decision

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Former Fairfax County police officer Wesley Shifflett’s attorney spoke exclusively with FOX 5, just one week after a jury returned a split verdict in the high-profile fatal shooting case.

A jury acquitted Shifflett of manslaughter in the February 2023 shooting of Timothy McCree Johnson, but convicted him of reckless discharge of a weapon.

Following the verdict, Melissa Johnson, the mother of the late Timothy McCree Johnson, expressed her sense of justice.

She told reporters that although she has not received condolences from Shifflett or his family, she forgives him.

Asked if Shifflett would be willing to offer condolences, his defense attorney, Caleb Kershner, said, “Obviously there are motions, and they’re continuing.” It’s a sad situation that no officer wants to find themselves in, having to do a separation. second decision. Of course, we sympathize with his family.

Shifflett testified during the trial that he believed Johnson, suspected of shoplifting, was reaching for a gun when he shot him.

Shifflett acknowledged he knew the bullet could kill Johnson, who was unarmed.

Reckless handling of a firearm charge is a felony and Shifflett faces up to five years in prison.

Kershner also discussed the defense’s decision not to seek a mistrial, despite a significant error by the prosecution during closing statements.

Fairfax County prosecutors released some of Shifflett’s body camera footage that had not been entered into evidence, a violation of court procedure.

Shifflett feared the footage would prejudice the jury, but his legal team ultimately decided not to seek a mistrial.

“Ultimately, it was Sergeant Shifflett’s decision,” Kershner said. “A mistrial could have occurred without prejudice, meaning the Commonwealth could have fixed its mistakes and held an even stronger trial.”

In the body camera footage, Shifflett can be heard telling fellow officers that he ordered Johnson to “show me your hands,” although the court determined that order was never given.

Prosecutors are prohibited from presenting evidence to the jury that is not officially recorded due to the risk of unfairly influencing their judgment.

Although Shifflett was acquitted of the more serious charge of manslaughter, he still faces up to five years in prison for reckless handling of a firearm.

The judge is considering whether to drop the case altogether and sentencing remains scheduled for late February.