Video evidence mistake in ex-Fairfax County officer’s trial could lead to mistrial

FAIRFAX, Va. — The trial against an ex-Fairfax County police officer charged in the shooting death of a suspected unarmed shoplifter is in jeopardy after a piece of video was mistakenly shown during closing arguments.

Judge Randy Bellows said the defense could seek a mistrial after the Commonwealth showed a portion of Sgt. Wesley Shifflett’s bodycam footage to jurors that they weren’t supposed to see. That piece of evidence was never presented as evidence during the trial.

Assistant Commonwealth Attorney Natheena Tyler acknowledged that it was a mistake. The judge told defense attorney Matt Noel that he should’ve spoken up sooner to avoid the situation.

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

During her closing, Assistant Commonwealth Attorney Natheena Tyler suggested that Shifflett knew he “messed up” and therefore, blurted out commands we didn’t hear prior to the shooting.

Noel argued the prosecution’s argument laid out a new and unexpected theory that Shifflett is a liar, which could taint the jury.

Shifflett maintained that he feared for his life because he thought Timothy Johnson was reaching for a gun in his waistband when he tripped during their chase over suspected stolen sunglasses from Tysons Corner Center in February 2023.

Defense attorney Caleb Kershner tells WUSA9 how they plan to seek a mistrial for prejudice.

“This should have never come to a trial,” Kershner said. “This was a novel charge.”

Timothy Johnson’s mother said although she doesn’t want a mistrial, she’s open to the idea of a retrial if that means more time for the prosecutors to work together and get everything in order. The Commonwealth had to replace the lead prosecutor after the first week because he suffered a medical emergency.

“We have not been standing here, not just as a community but a community by faith,” Melissa Johnson said. “If we have to go through this again, we will be here as a family and as a community and do what we have to do until it gets in the jury's hands and ultimately, that's what we were asking for, and we got this far.”

When the entire bodycam video was played, Johnson’s family broke down in tears.

One video captured an officer handcuffing Timothy Johnson after he was shot in the chest. Before medics tried to resuscitate him, he said, “I wasn’t reaching for nothing. I have nothing. Why do you got to shoot?”

Prior to questions over a mistrial, the Commonwealth said in closing that Shifflett deserved to be guilty of involuntary manslaughter and reckless handling of a weapon when he chased an unarmed man.

Tyler told jurors that Shifflett didn’t take into consideration the actual risk, failed to warn him that he’d fire his gun, and refused to take other measures to stop Johnson including waiting for backup once they entered the wooded area outside the mall.

“He was trained on other options, but he chose not to use them,” Tyler said. “Mr. Shifflett had time. He created a time crunch. There was no need to rush.”

“This privilege to use lethal force should not go unchecked,” she said.

Tyler disputed claims by Shifflett that he could see Timothy Johnson get on his knees to turn to his waistband and watched him. Tyler said based on the bodycam footage, it was clear officers needed flashlights to look through the scene.

She believed he acted recklessly by “shooting in the dark.”

On Tuesday, Shifflett took the stand and described how he feared for his life when he perceived Timothy Johnson to be a deadly threat. Although his body camera was dark and grainy, Shifflett claimed he had no doubt Johnson got onto his knees after he tripped during the foot chase and began to reach for his waistband as if there was a gun.

“He was locked on to me with his eyes,” Shifflett testified. “I thought that was him acquiring me as a target.”

“I didn’t have the luxury to wait to see if he had a gun because I could be shot at any moment,” he added.

Prior to the closing arguments, the defense called Matthew Bloodgood, a use-of-force training expert, as its final witness.

Bloodgood said Shifflett didn’t have enough time to hide for cover in the wooded area when he fired the shots. He added how Shifflett didn’t have time to wait for Johnson to pull out a gun because of timing the perceived threat.

When pressed by Deputy Commonwealth’s Attorney Jenna Sands, Bloodgood admitted how running and not listening to commands the way Timothy Johnson would be “considered insufficient cues” to believe he would actually have a gun.

In an attempt to throw out the charges against Shifflett, his defense told Judge Randy Bellows how he “isn’t being put on trial for involuntary manslaughter. He’s being put on trial for imperfect self-defense.”