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By Darius Spearman (africanelements)
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Clemency Decision Sparks Outrage
Governor Glenn Youngkin thrust himself into a firestorm by granting clemency to Wesley Shifflett. A former Fairfax County police sergeant who killed unarmed Black man Timothy McCree Johnson during a 2023 foot chase saw his prison sentence wiped clean days after conviction. Youngkin cited “proportionate sentencing principles” but critics decry racial bias in the governor’s rapid intervention.
Fairfax County prosecutors secured a rare conviction against Shifflett for reckless firearm use. Circuit Court Judge Randy Bellows imposed a three-year sentence with two years suspended. Despite this partial leniency Youngkin erased all remaining penalties. Johnson’s mother Melissa condemned the move as “racial favoritism” while Commonwealth’s Attorney Steve Descano called it “unprecedented political meddling” (Fox News; WJLA).
Shifflett’s Sentence vs. Typical Class 6 Felony Penalty
Timeline of a Fatal Encounter
February 22 2023 began as routine retail theft patrol for Shifflett. Johnson allegedly pocketed $49 sunglasses from Nordstrom at Tysons Corner Center. The pursuit escalated rapidly when Johnson fled into woods behind the mall. Bodycam footage later showed the 37-year-old raising empty hands while shouting “I don’t have nothing.”
Shifflett fired two shots including one through Johnson’s back as he fell. Prosecutors stressed Johnson carried no weapons yet the officer claimed fear of armed retaliation. Bodycam audio revealed no verbal commands before gunfire erupted. The eight-second interaction has become a flashpoint for policing reform advocates (WJLA; Atlantic Black Star).
Legal Chess Game Exposes Systemic Flaws
Shifflett’s trial marked uncommon accountability in police-involved deaths. Convictions remain statistically rare with Pew Research showing 98% of departmental shootings nationwide result in no charges. Fairfax County jurors however rejected involuntary manslaughter but found firearm recklessness merits punishment.
Judge Bellows sidestepped probation officers’ recommendations for alternative sentencing. Youngkin countered by wielding executive power typically reserved for decades-old cases. This constitutional clash spotlights gaps between judicial intent and political overrides. Meanwhile Johnson’s family navigates civil proceedings against county police (Washington Times).
ABOUT THE AUTHOR
Darius Spearman is a professor of Black Studies at San Diego City College where he has been teaching since 2007. He is the author of several books including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. More of his analysis can be found at africanelements.org.