Tysons Corner shooting: How a second grand jury could indict former officer in fatal case
Jury declines indictment after police shot, killed man near Tysons Corner Center
Fairfax County Commonwealth Attorney Steve Descano didn't get what he was looking for Monday after a Fairfax County grand jury declined to indict a former Fairfax police officer in the death of Timothy McRee Johnson. FOX 5's Chief Legal Correspondent Katie Barlow has the latest on the story.
After an initial grand jury refused to issue an indictment, a second grand jury has been requested to investigate the death of Timothy Johnson, a man who was fatally shot by police outside Tysons Corner Center in February.
Johnson was shot and killed by police on Feb. 22 after fleeing Tysons and being suspected of stealing sunglasses. One of the officers involved, Wesley Shifflett, was fired and was accused of pulling the trigger.
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Fairfax Co. Police fire officer involved in deadly shooting outside Tysons Corner Center
Fairfax County Police announced on Thursday that one of the officers involved in the deadly shooting of a man alleged to have stole a pair of sunglasses from a store at Tysons Corner Center in February has been fired.
Fairfax County Police released body cam video of the incident in March where it sounds as though two shots were fired after an officer yelled "get on the ground" but just before shouting "stop reaching."
After the shooting, the body camera video records Shifflett telling another officer he saw Johnson "continually reaching in his waistband" and that he told Johnson, "Let me see your hands." But that command cannot be heard on the video.
Police searched for a weapon, but none was found.
Shifflet's lawyer said the first Fairfax County grand jury returned a no true bill earlier this month, meaning they declined to indict.
Fairfax County Commonwealth’s Attorney Steve Descano has confirmed that he has now requested a special grand jury to look into the case and the request has been approved by a judge.
The use of special grand juries is rare. In Fairfax County, the only other time Descano sought a special grand jury was in the 2017 shooting of Bijan Ghaisar by U.S. Park Police officers after a stop-and-go highway chase.
The rules for a special grand jury are different than those for a regular grand jury. Most significantly, in a regular grand jury, prosecutors are absent from the room when police officers present evidence and testimony to the grand jurors.
When the grand jury declined to indict Shifflett earlier this month, prosecutors had concerns that officers shaded their testimony in a way that weakened the case. Descano issued a statement emphasizing he was not allowed in the room and had no idea what testimony officers gave.
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Second grand jury to probe deadly police shooting outside Tysons Corner Center
A prosecutor has requested a special grand jury investigate the fatal police shooting of an unarmed shoplifting suspect outside a northern Virginia shopping mall after an earlier grand jury refused to issue an indictment.
In a special grand jury, prosecutors are in the room asking questions of officers who give testimony, and have more control over the process.
Shifflet's lawyer responded to the announcement on Tuesday, saying he was shocked Descano is presenting the case to a second grand jury. He said prosecutors should respect the judgment of the initial grand jury, which did not find probable cause to bring criminal charges.
A lawyer for Johnson’s family noted how rare it is for a grand jury to refuse indictments and said he was concerned police were trying to cover up for a fellow officer.
The Associated Press contributed to this report.