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Fairfax County Officer’s Attorney Speaks Out on Split Verdict and Mistrial Ruling


Former Fairfax County Police Officer Wesley Shifflett was recently acquitted of involuntary manslaughter in the shooting of Timothy McCree Johnson but was found guilty of reckless discharge of a weapon. The mother of Johnson expressed her sense of justice and forgiveness towards Shifflett. Shifflett’s attorney, Caleb Kershner, mentioned that the situation was a sad one for all involved and highlighted the difficult split-second decision that officers often face. Shifflett testified that he believed Johnson was armed when he shot him, although Johnson was actually unarmed.

Kershner also addressed the decision not to request a mistrial, despite a significant mistake made by prosecutors. During closing statements, prosecutors played a portion of Shifflett’s body camera footage that had not been officially entered as evidence, which could have influenced the jury unfairly. Kershner explained that Shifflett ultimately decided not to seek a mistrial, as it could have given prosecutors the chance to remedy their mistakes and put on a stronger case.

Although Shifflett was acquitted of involuntary manslaughter, he still faces up to five years in prison for reckless handling of a firearm. The judge is currently considering whether to strike the case entirely, with sentencing scheduled for late February. The family of Timothy McCree Johnson has reacted to the split verdict, expressing their disappointment but understanding of the legal process.

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Photo credit www.fox5dc.com

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