Defense decides not to seek mistrial in ex-Fairfax County officer’s trial

FAIRFAX COUNTY, Va. — The defense of an ex-Fairfax County police officer on trial for killing an unarmed shoplifter has decided not to seek a mistrial after a piece of video was accidentally shown during closing arguments.

Former Sgt. Wesley Shifflett shot and killed 37-year-old Timothy Johnson while chasing him out of Tysons Corner Center. Footage from Shifflett’s body-worn camera showed the officer shooting twice toward Johnson, with one bullet hitting him in the chest. 

During Wednesday’s trial, a portion of that same footage that was never entered as evidence was mistakenly shown to the jury by prosecutors. Because of that, Judge Randy Bellows said the defense could seek a mistrial.

On Wednesday, Attorney Caleb Kershner indicated the defense was planning to seek a mistrial for prejudice, saying, “This should have never come to a trial.”

But on Thursday, Kershner said they decided against it because a mistrial would only prolong the outcome of the case. 

“I like our chances,” Kershner said. 

The new piece of video showed the moments after the shooting, where Shifflett told a couple of officers how he told Johnson to show his hands during the chase. However, Shifflett had actually yelled for Johnson to “get to the ground.”

Shifflett took the stand Tuesday and said that he feared for his life because he thought Johnson was reaching for a gun in his waistband when he tripped during their chase.