Lawyers for ex-Fairfax Co. police officer request mistrial following closing argument

Defense lawyers representing former Fairfax County Police officer Wesley Shifflett are seeking a mistrial after prosecutors’ closing argument included evidence that was never introduced at trial. Shifflett is on trial for the fatal shooting of shoplifting suspect Timothy McCree Johnson outside a northern Virginia mall. The jury heard Assistant Commonwealth’s Attorney Natheena Tyler’s closing argument, which prompted the defense to request a mistrial. The shooting occurred outside Tysons Corner Center, where Shifflett fired two shots at Johnson after a brief foot chase. The bodycam video showed Shifflett yelling “get on the ground” before the shots were fired. However, the defense argued that the prosecution included a snippet from after the shooting where Shifflett allegedly said “show me your hands,” which was not actually said before or after the shots were fired. The defense claims this portrays Shifflett as a liar and denies him the ability to defend against it with evidence. The mistrial request could result in the case being thrown out and prosecutors being barred from seeking a new trial. The judge will rule on how to proceed when the trial resumes. This incident adds to the struggles prosecutors have faced in presenting their case against Shifflett, which initially resulted in a grand jury declining to indict him. The trial has been marred by delays and challenges, and it remains to be seen how the judge will address the mistrial request.

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