Virginia Gov. Glenn Youngkin (a Republican) granted clemency to a dismissed police sergeant just days after he was sentenced to jail for the shooting and death of an unarmed suspect accused of stealing glasses.
Wesley Shifflett was sentenced to prison for three years on Friday after being found guilty of handling a gun recklessly in the killing of Timothy McCree Johnson, 37, in February 2023. Shifflett was cleared of manslaughter by involuntary consent in Johnson’s case.
Shifflett was granted clemency by Youngkin on Sunday. The officer will be released from prison, but his felony conviction will remain.
Youngkin stated in a press release that he was “convinced” the sentence of imprisonment imposed by the court violated the foundation of the justice system, which is to ensure that similarly situated individuals are given proportionate punishments. I want to stress that the jury found Sgt. Shifflett was acquitted of the serious involuntary murder charge, for which sentencing guidelines recommended no jail time.
The governor said, “In this instance, the court refused the recommendation by the Senior Parole and Probation Officer of neither incarceration or supervised probation. Instead, it imposed five years imprisonment with two years suspended as well as an additional five-year probation.” “Sgt. Shifflett had no criminal history and, according to all reports, was an excellent police officer. “It is in the interests of justice for him to be immediately released.”
Youngkin also noted that Shifflett is still free to appeal the conviction he received for firing a gun recklessly.
Melissa Johnson said that Youngkin’s choice felt like it was validating Shifflett’s killing of her son.
Why do you think it is necessary now to throw out or ignore the jury verdict and that the honorable judge who sentenced him did not follow the guidelines that were given to him? She said this at a press conference held on Monday. I don’t understand why people are upset. Was it because her son is Black? Or was it because the attempted theft was a crime of opportunity, or was it because he wasn’t here to defend him?”
Fairfax County Commonwealth attorney Steve Descano (a Democrat whose offices prosecuted this case) said that at the press conference, the Governor “stuck [his] face where it did not belong.”
Descano stated, “If you are concerned about a Virginia justice system that is free of outside influences, Glenn Youngkin should just spit in your face.”
Descano argued, too, that the Governor was siding with “a White officer who was convicted for a crime which ended in a Black person being murdered.”
Shifflett was accused of recklessness by prosecutors during the trial. Shifflett had been a sergeant in Fairfax County Police at the time. He shot Johnson dead after a brief foot chase outside Tysons Corner Center. Security guards had reported to police that Johnson stole sunglasses from Nordstrom.
Shifflett, along with another officer, chased Johnson through a heavily wooded area close to the mall. Shifflett then fired twice at Johnson, who was not armed.
The former sergeant stated that Johnson was shot in self-defense after the former believed Johnson had reached for his waistband when he fell.
The body camera footage played at the trial shows Shifflett shouting “Get down” and then firing two shots two seconds later. Shifflett shouted, “Stop reaching,” immediately after firing the weapon. He then told other officers he had seen Johnson put his hand into his waistband.
Shifflett stated, “His motor functions operated more quickly than I was able to verbalize.”
Johnson is heard saying in the video, “I am not reaching for anything.” “I don’t have anything.”
Melissa Robey is the executive director for We Black Blue. She said that Shifflett’s mother had called three weeks prior to her son’s sentencing and asked her for assistance.
Robey said that she had contacted Shifflett’s lawyers, and they lobbied for the Governor’s clemency.
“Somebody’s got to say ‘Enough is enough,'” Robey said. “These guys put that uniform on every single day — they’re there for your worst day. When is it time to stand up for them?”