Virginia Governor Grants Clemency to Officer Convicted in Fatal Shooting, Sparking Controversy
Virginia Governor Glenn Youngkin, a Republican, has ignited a firestorm of debate by granting clemency to Wesley Shifflett, a former police sergeant convicted in connection with the shooting death of Timothy McCree Johnson, an unarmed man. The decision, made just days after Shifflett’s sentencing, has drawn sharp criticism from the victim’s family, the prosecuting attorney, and community advocates, while simultaneously garnering support from law enforcement circles.
Shifflett, 36, was sentenced to three years in prison on Friday after being found guilty of recklessly handling a firearm in the February 22, 2023, shooting of 37-year-old Timothy McCree Johnson. A jury acquitted him of the more serious charge of involuntary manslaughter in Johnson’s death.
However, on Sunday, Youngkin intervened, granting Shifflett clemency and effectively freeing him from prison. While the felony conviction remains on Shifflett’s record, the governor justified his decision by stating that the court’s sentence was "unjust" and violated the principle of proportionate sentencing.
"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," Youngkin said in a statement. He emphasized that the jury acquitted Shifflett of involuntary manslaughter, a charge for which sentencing guidelines typically recommend no jail time or up to six months’ incarceration.
Youngkin also pointed out that the court rejected the Senior Probation and Parole Officer’s recommendation of no incarceration or supervised probation, instead imposing a sentence of five years’ incarceration with two suspended and an additional five years of probation. He further highlighted Shifflett’s lack of prior criminal record and his reputation as an "exemplary police officer."
"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," the governor asserted.
The governor’s office also clarified that the clemency does not impede Shifflett’s right to appeal his conviction for reckless discharge of a firearm.
The decision has triggered outrage and disbelief from Timothy McCree Johnson’s family. His mother, Melissa Johnson, expressed her profound disappointment and accused the governor of validating her son’s killing.
"Why now do we find it necessary to vacate or not consider the jury’s verdict, and to think that this honorable and fair judge did not sentence within the guidelines that he was afforded to?" she questioned at a news conference on Monday. "I don’t know where everyone’s coming from — if it’s because my son was Black, or because it was attempted shoplifting, or because he’s not here to defend himself."
Fairfax County Commonwealth Attorney Steve Descano, a Democrat whose office prosecuted the case, also condemned Youngkin’s intervention, accusing him of overstepping his authority and undermining the integrity of the justice system.
"If you care about having a fair justice system of Virginia that’s untainted by outside influence, Glenn Youngkin just spit in your face," Descano stated at the news conference.
Descano further argued that the governor was siding with a "White officer that was convicted of a crime that ended in a Black man being killed."
The case stems from an incident on February 22, 2023, when police responded to a report of a theft at a Nordstrom department store in Tysons Corner Center. Security guards alleged that Timothy McCree Johnson had stolen sunglasses. Shifflett and another officer pursued Johnson on foot into a nearby wooded area. During the pursuit, Shifflett fired twice at Johnson, who was unarmed.
During the trial, prosecutors argued that Shifflett acted recklessly in shooting Johnson. Shifflett, however, testified that he shot Johnson in self-defense, claiming that he believed Johnson was reaching into his waistband after falling.
Body camera video played during the trial captured Shifflett yelling "Get on the ground" before firing two shots at Johnson within two seconds. Immediately after firing, Shifflett shouted, "Stop reaching," and told other officers that he saw Johnson reaching into his waistband.
Johnson can be heard in the footage saying, "I’m not reaching for nothing. I don’t have nothing."
The governor’s decision has also sparked debate about the role of race and socioeconomic status in the justice system. Some, like Johnson’s mother, question whether her son’s race or the nature of the alleged crime contributed to the perceived disparity in the case.
Melissa Robey, executive director of the police advocacy group We Back Blue, defended Shifflett and praised Youngkin’s decision. She revealed that Shifflett’s mother contacted her three weeks ago seeking assistance with her son’s upcoming sentencing hearing. Robey, who previously worked in Youngkin’s administration, contacted Shifflett’s attorneys, who then lobbied the governor for 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?"
The controversy surrounding Youngkin’s decision highlights the complex issues surrounding law enforcement, racial justice, and the power of executive clemency. The decision has further polarized public opinion and ignited a passionate debate about the fairness and impartiality of the justice system in Virginia.
