Virginia Gov. Glenn Youngkin on Sunday commuted the three-year jail sentence for a former Fairfax County police officer who was convicted within the lethal capturing of a fleeing shoplifter.
Mr. Youngkin, a Republican, known as the jail time period for former Sgt. Wesley Shiflett “unjust” and mentioned in a Sunday night time assertion that it “violates the cornerstone of our justice system — that equally located people obtain proportionate sentences.”
“I wish to emphasize {that a} jury acquitted Sgt. Shifflett of the extra severe cost of involuntary manslaughter, a conviction for which the sentencing pointers suggest no jail time or as much as six months’ incarceration.”
His order paves the best way for Mr. Shiflett to be launched instantly.
The governor additionally mentioned the court docket imposed the jail sentence Friday regardless of suggestions of no incarceration from probation and parole authorities.
“Sgt. Shifflett has no prior felony report, and was, by all accounts, an exemplary police officer,” Mr. Youngkin mentioned. “It’s within the curiosity of justice that he be launched instantly.”
Mr. Shifflett, 36, was booked into jail after Fairfax County Circuit Courtroom Decide Randy Bellows handed down the sentence over his conviction within the deadly February 2023 incident exterior Tysons Nook Middle.
Final fall, a jury discovered Mr. Shifflett responsible of recklessly discharging a firearm within the capturing that killed 37-year-old thief Timothy Johnson.
The previous sergeant expressed his “deepest and heartfelt condolences to the Johnson household” shortly earlier than he was sentenced Friday within the crowded courtroom.
“This can be a victory for everybody, and I don’t say ‘victory’ as any form of unfastened time period, as a result of it won’t convey our son again. However I do wish to acknowledge that that is historic and unprecedented, and for that I’m grateful,” Melissa Johnson, Timothy Johnson’s mom, mentioned in a press release after the listening to.
Mr. Shifflett’s protection attorneys had instructed WRC-TV they might enchantment the sentence.
Police union reps beforehand accused Fairfax County’s prime prosecutor of pushing a “politically motivated” case that was decided to safe a conviction.
Commonwealth’s Legal professional Steve Descano, a Democrat who has been backed by left-wing billionaire George Soros, acquired court docket approval for a particular grand jury into the capturing after an preliminary grand jury declined to indict Mr. Shifflett.
The particular grand jury gave Mr. Descano higher affect within the charging course of.
“As an alternative of honoring this determination, Mr. Descano opted to bypass normal authorized procedures and convene a particular grand jury,” the union mentioned following the jury’s October verdict. “This demonstrated his continued manipulation of the judicial system, one which he has sworn to uphold, in favor of avenues that additional his private political agendas.”
Mr. Shifflett shot and killed Johnson in a wooded space close to Tysons Nook Middle after the thief stole two pairs of sun shades and fled the huge shopping center.
Mr. Shifflett testified that he noticed Johnson fidget along with his waistband throughout the pursuit. The officer fired two pictures on the suspect moments later.
No gun was discovered on Johnson, who ultimately died at a hospital.
“I didn’t have the luxurious to attend to see a gun,” Mr. Shifflett testified at his trial. “We’re educated that fingers are going to hurt you and fingers are what are going to kill you.”
Fairfax County Police Chief Kevin Davis fired Mr. Shifflett shortly after the incident. Nevertheless, the chief mentioned the physique digicam footage wasn’t clear about how a lot of a risk Johnson introduced within the warmth of the second.
The prosecution practically upended its case when in closing arguments it used a clip from Mr. Shifflett’s physique digicam that wasn’t submitted for proof.
The clip was from moments after Mr. Shifflett shot Johnson and captured the ex-sergeant telling different officers that he ordered Johnson to “present me your fingers.”
Physique digicam footage from the pursuit revealed that Mr. Shifflett by no means made that order
Prosecutors argued that Mr. Shifflett made up the quote as a result of he knew he was within the flawed, however the former officer’s protection workforce mentioned it might search a mistrial over the defective proof.
The prosecution acknowledged the error, and the protection later relented.
The choose instructed the jury to overlook the clip throughout deliberations, however the union characterised the clip as a well timed lapse in judgment to serve the prosecution’s case.
