Two
FCPD leaders dropped from wrongful death lawsuit over fatal police shooting
August
11, 2025
Two
Fairfax County Police Department commanders have been dropped from a wrongful
death lawsuit brought by the mother of the victim in a fatal police shooting.
A
federal judge on Friday (Aug. 8) granted the removal of both Deputy Chief
Wilson Lee and Major Scott Colwell from the civil lawsuit initiated by the
mother of Timothy Johnson, who was killed by a police officer during a chase in
February 2023.
Melissa
Johnson filed the suit in the U.S. District Court for the Eastern District of
Virginia against former FCPD Sgt. Wesley Shifflett, who fired the fatal shot,
and 12 other FCPD employees “who should have supervised him properly, given his
existing record of recent excessive recourse to firearms when dealing with
persons suspected of non-violent offenses,” the Jan. 16 complaint alleges.
On
Feb. 22, 2023, Shifflett and other officers chased Timothy Johnson after he was
accused of shoplifting sunglasses
from a Nordstrom store at Tysons Corner Center….they gunned him down for
stealing sunglasses.
In
a wooded area outside the mall, Shifflett and another officer drew their
weapons and fired at Johnson after allegedly seeing him tug at his waistband.
The 37-year-old Johnson died at a hospital from his injuries.
Before
Shifflett’s trial last year, prosecutors argued that three previous incidents
where he pointed a gun at unarmed Black individuals while investigating
shoplifting allegations at Tysons Corner Center illustrated a pattern of
aggression. However, the circuit court judge presiding over the case prohibited
those incidents from being presented as evidence to the jury, determining that
they had “negligible” value.
A
jury acquitted Shifflett of manslaughter on Oct. 4, 2024, but he was convicted
on one count of recklessly using a firearm and sentenced on Feb. 28 to three
years in prison, followed by five years of probation.
Shifflett
had his penalty commuted by Republican Gov. Glenn Youngkin in March — mere days
after he began serving his prison time.
Melissa
Johnson and Fairfax County Commonwealth’s Attorney Steve Descano criticized
Youngkin for intervening, with Johnson calling the commutation a validation of
Shifflett’s “rogue action.”
The
civil lawsuit is ongoing, with Johnson seeking a trial by jury. Police Chief
Kevin Davis is named among the defendants, along with Shifflett, Arnest and
others. Judge Nachmanoff advised both parties of settlement options at Friday’s
hearing, according to court documents.
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