Oct 03, 2024
FAIRFAX, Va. (DC News Now) -- The high-profile case of a former Fairfax County police officer is officially in the hands of a jury after both sides wrapped up closing arguments Thursday. Former Sgt. Wesley Shifflett is on trial for involuntary manslaughter and reckless handling of a firearm in the deadly shooting of Timothy Johnson, who was suspected of shoplifting from a store in Tysons Corner, back in February 2023. Shifflett's defense team had the opportunity Thursday to motion for a mistrial in the case but chose not to. During the prosecution’s closing arguments Wednesday, they replayed the body camera footage from that shooting, sparking a strong emotional reaction from some of Johnson’s loved ones in court. However, some of that footage played by prosecutors was not admitted into evidence and was later objected to by the defense. Judge Randy Bellows allowed the defense to motion for a mistrial due to this, but they chose not to and reserved the right to motion for a vacated verdict based on jury prejudice should Shifflett be convicted. Judge raises possibility of mistrial in case of former Fairfax County police sergeant charged in deadly Tysons Corner shooting The jury was given special instructions to disregard the unadmitted video and following arguments made by prosecutors during the closing arguments. Shifflett's defense began their closing arguments Friday morning. His team maintained an interesting stance, saying he could not be convicted on an involuntary manslaughter charge when it was his intent to kill Timothy Johnson. Shifflett testified he was scared for his life before he fired those two shots, saying he saw Johnson reaching into his waistband for what he thought was a gun. He only later learned Johnson was unarmed. Prosecutors, however, called the shooting reckless and unlawful, saying, “Policing is a difficult job. It was not an act of defense, but an act of what might be and a rush to judgement. Fear alone does not grant the right to kill.” Toward the end of the defense's closing arguments Thursday, his attorney said, "All that is missing here is a gun. If they had found a gun at the scene, would we even be here?" Before those arguments began Wednesday, both sides went back and forth over interpretations of a new Virginia policing law that has yet to play out in court and how jurors should be told to come to a verdict in the case.
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