Oct 02, 2024
FAIRFAX COUNTY, Va. (DC News Now) - Prosecutors admitted to making major errors during closing arguments of the high-profile trial for a former Fairfax County Police Department officer accused in a deadly shooting. The judge raised the possibility of a mistrial Wednesday after the defense made a late objection to prosecutors playing a video clip of the body-worn camera footage that was not admitted into evidence during the trial for former Sgt. Wesley Shifflett. WATCH: Former Fairfax County Sheriff’s Office sergeant charged with assault Shifflett defended himself in court Tuesday, taking the stand and testifying as to why he shot and killed a suspected shoplifter at Tyson's Corner Center more than 18 months ago. For over an hour, Shifflett, who is accused of involuntary manslaughter, explained on the stand that he was in fear for his life when he fatally shot 37-year-old Timothy Johnson. As for what was shown in the video in question, viewers can hear Shifflett make statements to fellow officers in the moments and minutes after he shot and killed Johnson. Shifflett can be heard saying to those officers, “I saw him reaching,” and “I told him to put his hands up.” However, the body-worn camera footage shows Shifflett only telling Johnson to “get on the ground” and “stop reaching.” Renewed call for security funding ahead of Jewish High Holidays After the video played in court, prosecutors accused him of making up details about what actually happened in the moments leading up to, and after the shooting. The defense said their team had an expert ready to testify to memory strain during tense situations, but that expert was not allowed to testify. Shifflett’s defense team says the jury can’t unhear those arguments or unsee the video footage. It’s not clear if the defense will move for a mistrial or just ask Judge Randy Bellows to issue specific instructions to the jury to disregard what they heard and saw. Timothy Johnson‘s mother, Melissa, said after the court let out that she would be OK with a mistrial if it means another shot at justice for her son. Police: ‘Georgetown College Park cuddler’ arrested in connection to sexual assaults in DC, Maryland As for what comes next in this case, the jury was sent home for the day just before 5 p.m., with no knowledge of the issue that had been raised. Judge Bellows is awaiting a full transcript from the closing arguments following that video being played for the jury. Both sides are expected to return to the courtroom after 9 a.m. Thursday to argue over how to proceed. The jury is set to return at 11 a.m.
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