In trial against former Fairfax Co. officer, defense argues he was scared for his life before killing suspected shoplifter

FAIRFAX, Va. — A trial underway in Fairfax County will determine if a former officer’s actions were criminal or justified after a suspected unarmed shoplifter was killed.

In February 2023, Sgt. Wesley Shifflett shot and killed 37-year-old Timothy Johnson during a chase from Tysons Corner Center. His body camera captured him firing his gun twice, one bullet striking Johnson in the chest in the wooded area outside the mall.

The dark and blurry video will be scrutinized during the trial, which is expected to last until next week.

Johnson’s family questioned the use of deadly force since the incident was a misdemeanor case. Family attorney Carl Crews called the shooting “an execution.”

On Wednesday, the jury first watched mall security video capturing Johnson taking sunglasses from Nordstrom, which Deputy Commonwealth’s Attorney Barry Zweig didn’t deny.

During his opening statement, Zweig said Johnson returned the glasses as mall security and plain-clothed officers with the Tysons Urban Team watched him. Zweig said at first, “Nobody says anything to Mr. Johnson…nobody made any efforts to stop him.”

However, the defense said the chase sparked as Johnson tripped up the alarms on the way out of the mall.

While it may be hard to make out, defense attorney Caleb Kershner said the jury will see how it looked like Johnson was pulling out a weapon. He demonstrated by going down to his knees and turning to his side.

He argued how his client was justified in firing his gun.

“He can't forget the overwhelming fear that came over him,” Kershner said. “This person was in a crouched position not taking commands and taking extraordinary measures to flee. Everything except seeing a gun told him he was about to be shot.”

Johnson was never armed with a weapon, but glasses were found on the scene.

Kershner said his client was scared for his life and had to make a split-second decision, which he believed followed his training.

“This is probably the scariest moment Sgt. Shifflett ever experienced in his 10 years in law enforcement,” Kershner added. “He only had moments to react. Given the situation, he did the best he could.”

Weeks after the shooting, Chief Kevin Davis fired Shifflett and said his actions “do not meet the expectations of our agency.”

It’s unclear if Shifflett will take the stand.

The jury is made up of 10 women and four men including two alternates.

Fairfax County Circuit Judge Randy Bellows denied the prosecution’s motion to introduce evidence that Shifflett pointed his gun at suspected shoplifters twice within the last year before Johnson’s shooting.