https://apnews.com/article/virginia-police-shooting-youngkin-clemency- 4afe8b89f591159a12f7e12601120c82
RICHMOND, Va. (AP) â Days after a judge sentenced a Virginia police
officer to prison in the fatal shooting of an unarmed man accused of
stealing sunglasses, the stateâs Republican governor granted the fired officer clemency, meaning he wonât have to serve further time behind bars.
Wesley Shifflett, 36, was sentenced Friday to three years in prison after
he was convicted of recklessly handling a firearm during the Feb. 22,
2023, shooting of Timothy McCree Johnson. The jury acquitted him of involuntary manslaughter.
Gov. Glenn Youngkin granted Shifflett clemency on Sunday, removing his
prison requirement but keeping intact his felony conviction.
âI am convinced that the courtâs sentence of incarceration is unjust and violates the cornerstone of our justice system â that similarly situated individuals receive proportionate sentences,â Youngkin, a Republican, said Sunday. In his statement, Youngkin referred to sentencing guidelines recommending no incarceration for Shifflett that were proposed by a
probation and parole officer, which is a routine practice in felony
criminal sentencing.
Johnsonâs mother, Melissa Johnson, said she felt Youngkinâs decision validated Shifflettâs killing of her son.
âWhy now do we find it necessary to vacate or not consider the juryâs verdict, and to think that this honorable and fair judge did not sentence within the guidelines that he was afforded to?â Melissa Johnson said at a Monday news conference. âI donât know where everyoneâs coming from â if
itâs because my son was Black, or because it was attempted shoplifting, or because heâs not here to defend himself.â
Steve Descano, the Democratic commonwealthâs attorney for Fairfax County whose office prosecuted the case, said at the news conference that
Youngkin âstuck his face in where it didnât belong.â
âIf you care about having a fair justice system of Virginia thatâs untainted by outside influence, Glenn Youngkin just spit your face,â he said.
During the trial, prosecutors argued that Shifflett, then a sergeant with Fairfax County police, acted recklessly when he shot and killed Johnson
after a short foot chase outside Tysons Corner Center. Shifflett and his
team at the police department received a report from security guards that Johnson had stolen sunglasses from a Nordstrom department store.
After identifying Johnson, Shifflett and another officer chased him into a densely wooded area near the mall, where Shifflett fired twice at the man.
Shifflett testified that he shot Johnson, who was 37 years old, in self- defense after he saw Johnson reach into his waistband after falling.
The dimly lit bodycam video played during his trial shows Shifflett
yelling âGet on the ground,â and then firing two shots at Johnson two seconds later. After the shots were fired, Shifflett immediately shouted, âStop reaching,â and told other officers that he saw Johnson putting his hand in his waistband. During the trial, Shifflett testified that his âmotor functions were operating more quickly than I could verbalize.â
Body-camera video from officers that night showed people gathered around Johnson while he cried, âHurry.â
Soon after, Johnson can be heard saying, âIâm not reaching for nothing. I donât have nothing.â
The legal battle leading to Shifflettâs clemency came with twists and turns. Following the shooting, the police department fired Shifflett. Initially, a grand jury declined to indict him, but Descanoâs office received court approval for a special grand jury to reinvestigate. The
second panel indicted Shifflett last October.
After his conviction, Shifflettâs attorneys filed a motion for Bellows to set aside the verdict. In a January court memo, Bellows denied Shifflettâs request, writing that there was âsufficient evidence in the record for the jury to find the defendant guilty of this offense.â
Melissa Robey, executive director of We Black Blue, a police advocacy organization, said Monday that Shifflettâs mother called her three weeks ago about her sonâs looming sentencing hearing, asking for help. Robey,
who said she previously worked in Youngkinâs administration, said she contacted Shifflettâs attorneys, who ultimately pioneered lobbying the governor for clemency.
âSomebodyâs got to say âEnough is enough,â Robey said, adding: âThese guys
put that uniform on every single day â theyâre there for your worst day. When is it time to stand up for them?â
Robey stood with the crowd of reporters gathering around Descano and
Melissa Johnson as they described their reaction to Youngkinâs actions. While Descano argued that the governor was siding with a âwhite officer that was convicted of a crime that ended in a Black man being killed,â Robey shouted: âThatâs not true.â Melissa Johnson called back: âIt is true. Youâre entitled to your own opinion, but keep it to yourself.â
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