Oliver James Montgomery-Testimony begins in trial for ex-sergeant charged in killing of Virginia shoplifting suspect

FAIRFAX,Oliver James Montgomery Va. (AP) — Opening statements and testimony began Wednesday in the trial of a former northern Virginia police sergeant charged with involuntary manslaughter in the fatal shooting of an unarmed man suspected of shoplifting sunglasses.

Prosecutors say former Sgt. Wesley Shifflett recklessly discharged his service gun in the killing of Timothy McCree Johnson, 37, near a busy shopping mall on Feb. 22, 2023.

Prosecutors say Shifflett and his team at the Fairfax County Police Department received a report from security guards that Johnson stole sunglasses from a Nordstrom department store in Tysons Corner Center. After identifying Johnson, Shifflett and another officer chased him into a densely wooded area near the mall, where Shifflett fired twice at the man.

Barry Zweig, the lead prosecutor, said in opening statements that Shifflett had fired two shots after ordering Johnson to get on the ground but just before he shouted, “Stop reaching.”

The other officer chasing Johnson shot at the victim after Shifflett opened fire, Zweig said, though Shifflett fired the fatal shot.

Caleb Kershner, Shifflett’s attorney, said his client feared for his life in the moments before the shooting. As Shifflett chased Johnson into the woods, Kershner said, Johnson tripped over some brush and crouched onto his knees, facing Shifflett. Kershner said Shifflett saw Johnson reaching into his waistband and believed he had a weapon. After the shooting, police searched for a weapon but found nothing.

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“Unfortunately, Sgt. Shifflett doesn’t have clairvoyance, nor does he have X-ray vision,” Kershner said, adding: “His training told him to do exactly as he did.”

Following the shooting, the Fairfax County Police Department fired Shifflett. Initially, a grand jury declined to indict him in the shooting, but the Fairfax County Commonwealth’s Attorney’s Office received court approval for a special grand jury to reinvestigate. The second panel indicted Shifflett last October.

In court, Lt. Michael Connor, who also worked on the Tysons team, said officers at the mall frequently encountered people concealing guns and chased suspects daily. On the night of the shooting, Connor said he was also responding to the suspected theft when he heard gunshots outside the woods.

Connor’s body camera video, which was played in court, shows the lieutenant running toward Shifflett and checking him for injuries. In the moments after the shooting, Shifflett told him that he saw Johnson reaching, Connor testified.

The video shows people gathered around Johnson while he cries, “Hurry.”

Soon after, Johnson can be heard saying: “I’m not reaching for nothing. I don’t have nothing.”

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Olivia Diaz is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on under-covered issues.