FAIRFAX, Va. (DC News Now) -- A Fairfax County judge has denied a motion to dismiss the guilty verdict for a former Fairfax County Police Department (FCPD) sergeant after he fatally shot a suspected shoplifter at Tysons Corner in 2023. A jury found former Sgt. Wesley Shifflett, 36, not guilty of involuntary manslaughter in October after he shot and killed 37-year-old Timothy McCree Johnson on Feb. 22, 2023. However, he was convicted of reckless handling of a firearm. Shifflett shot Johnson after a security guard accused him of stealing sunglasses from a Nordstrom department store at Tysons Corner Center. PREVIOUS COVERAGE | Jury: Former Fairfax County police officer not guilty of involuntary manslaughter in fatal shooting of shoplifting suspect Several officers responded to the report, and Johnson fled, prompting a chase. That's when two officers, including Shifflett, fired shots. However, Investigators determined that Shifflett's shot was the one that killed Johnson. During the trial, Shifflett testified that he fired shots because he was scared for his life, claiming he saw Johnson reach into his waistband for what he believed was a gun. Investigators later determined that Johnson was not armed. Following Shifflett's reckless handling of a firearm conviction on Oct. 4, 2024, the defense argued a motion to set aside the verdict. On Tuesday, Jan. 14, a judge from Fairfax County denied the motion, upholding the conviction. Steve Descano, the commonwealth's attorney for Fairfax County, released the following statement in support of the conviction: “I’m grateful that the verdict in this case will stand. This case is about Timothy Johnson, a member of our community who lost his life on February 22, 2023. But this case is also about fairness, who the law protects, and who the justice system works for. When I was elected Commonwealth’s Attorney, I promised to build a fairer justice system and be the voice of the community in the court of law. We still have work to do, but this ruling is proof that institutions can evolve if people in power choose the right path – even if that right path is the harder one. Our goal for this case was always to get it in front of a jury and to get the facts in front of the community. After hearing the evidence, the jury convicted the defendant of one of two charges against him. We anticipated that a case like this would face challenges because we sought accountability from a system that is designed to protect people in positions of power -- people like the defendant. But they were wrong, and the verdict will stand. Now, the judge has confirmed what the jury in this case has already decided: that no one is above the law.” Steve Descano Mark your calendars! Dates announced for DC’s beloved Cherry Blossom Festival, parade Shifflett's sentencing hearing is scheduled for Feb. 28.