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Gov. Youngkin announced he had used his executive clemency power to release Wesley Shifflett, 36, after he was convicted of recklessly discharging a firearm in the 2023 shooting death of 37-year-old Timothy Johnson.
Shifflett, who was acquitted of involuntary manslaughter, had been sentenced on Friday, Feb. 28, to five years in prison, with two years suspended, and five years of probation—a ruling the governor called “unjust.”
"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.
Shifflett, a former Fairfax County Police sergeant, shot and killed Johnson in February 2023, after a shoplifting incident at the mall that led to a foot chase and gunfire.
The case, which sparked controversy over police accountability, led to his dismissal and later criminal charges.
Shifflett was acquitted of involuntary manslaughter, which typically carries a guideline of no jail time or up to six months.
However, the Fairfax County judge imposed a five-year sentence on the reckless firearm handling conviction—well above what Youngkin deemed appropriate.
"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," Youngkin continued.
"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."
Shifflett still retains the right to appeal his conviction for reckless discharge of a firearm, Youngkin noted.
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