A former Fairfax County, Virginia, police officer who shot and killed an unarmed man suspected of shoplifting from the Tysons Corner Center mall has made his first court appearance on charges of involuntary manslaughter and reckless discharge of a firearm.
Sgt. Wesley Shifflett sat quietly at the defense table, with his attorney Caleb Kershner, who waived the reading of the indictment, which was handed up by a special grand jury on Oct. 12.
The mother of Timothy McCree Johnson, 37, who was killed on Feb. 22 sat in the courtroom with her attorney and other supporters.
Melissa Johnson said this was the first time she had been in the same room with Shifflett.
“I just had to calm my spirit,” she told reporters, outside the courthouse. “After all these months to be waiting to see his face, I just don’t even have words.”
During the brief hearing, prosecutor Barry Zweig and Kershner said they were discussing potential trial dates, and asked to return in three weeks to set the trial. Circuit Court Judge John Tran set Nov. 17 as the date when the parties would finalize when Shifflett’s trial will take place.
Johnson said she is glad the trial process is underway: “We’ve walked it out now graciously, we’ve walked it out patiently, and we’ll continue to do so.”
Johnson acknowledged “I’ve never walked this way before. I’ve never had to be a mother showing up, and sitting in that courtroom,” but she remained confident justice will be served.
“We wait for the facts to present themselves, and for victory, for Timothy,” said his mother.
Kershner was asked how his client felt being in the courtroom with Johnson’s family. While maintaining the confidentiality afforded in an attorney-client relationship, he spoke generally: “Given the circumstances, I think everybody feels bad, and that would include me and my client.”
Kershner said his client “took action, based upon what he saw before him, based upon his training and experience.”
“Officers have to make split-second decisions,” said Kershner. “And many time they’re life or death — we hear of officers being shot and killed, on a regular basis.”
Johnson was unarmed.
The special grand jury indictment came after an initial grand jury declined to indict Shifflett on any charges, prompting Commonwealth’s Attorney Steve Descano to impanel a special grand jury to achieve an indictment.
Kershner said no police officer ever wants to take a life: “This is never a circumstance they look forward to. This is a circumstance that you hope you never have to face.”
