Citing state guidelines and proportionality, Virginia Gov communtes prison term offficer involved in fatal shooting

As reported in this Washington Post piece, “Virginia Gov. Glenn Youngkin (R) has granted clemency to a former Fairfax County police sergeant who fatally shot an unarmed man thought to have stolen sunglasses. Wesley Shifflett was sentenced to three years in prison on Friday, but spent just two nights in jail before walking free just before 8 p.m. Sunday.”  Here is more:

A jury convicted Shifflett in October of reckless handling of a firearm, but acquitted him of a more serious involuntary manslaughter charge in the 2023 encounter in which he chased and shot Timothy McCree Johnson, 37, outside Tysons Corner Center mall. Youngkin’s announcement means Shifflett will serve no further jail time, but his felony conviction stands — although [his lawyer[ said he plans to appeal….

During the trial, jurors repeatedly watched body camera footage showing the night Shifflett pursued Johnson, who was accused of stealing sunglasses, into a dark wooded area near the mall before shooting at him twice. Shifflett testified he saw Johnson reaching into his waistband. Lawyers for Shifflett argued he followed his training, while prosecutors painted Shifflett as a man who — in a moment of unreasonable panic — made a reckless decision with lethal consequences.

Gov Youngkin’s statement on “Commutation of Sentence for Sergeant Wesley Shifflett” is available at this link, and here are excerpts:

I am convinced that the court’s sentence of incarceration is unjust and violates the cornerstone of our justice system—that similarly situated individuals receive proportionate sentences. I want to emphasize that a jury acquitted Sgt. Shifflett of the more serious charge of involuntary manslaughter, a conviction for which the sentencing guidelines recommend no jail time or up to six months’ incarceration.

In this case, the court rejected the Senior Probation and Parole Officer’s recommendation of no incarceration nor supervised probation and instead imposed a sentence of five years’ incarceration with two suspended and an additional five years of probation. Sgt. Shifflett has no prior criminal record, and was, by all accounts, an exemplary police officer. It is in the interest of justice that he be released immediately.