Hours after Gov. Glenn Youngkin commuted the three-year sentence of a former Fairfax County police sergeant convicted of recklessly discharging a firearm in the shooting death of an unarmed shoplifting suspect, the victim's mother called the case an example of systemic racism. In a news conference in Northern Virginia on Monday afternoon, Fairfax County Commonwealth's Attorney Steve Descano and Melissa Johnson, the mother of shooting victim Timothy McCree Johnson, accused Youngkin of a rush to judgment. Melissa Johnson also asserted that race was a factor in the case of a white police officer fatally shooting a Black man, then serving three days behind bars. FILE - Timothy McCree Johnson's parents Melissa Johnson, center, and Timothy Walker, left, address reporters along with attorney Carl Crews, right, outside Fairfax County Police headquarters, March 22, 2023, in Fairfax, Va. "What is devastating in all of this is that we've been here before," Melissa Johnson said, "failing to acknowledge systemic maladies that are in place, left by slavery and Jim Crow." She added: "This is an inequitable judicial system for Black and brown people all over the United States. And had this been a different nationality, a different ethnicity, we would not be having this same conversation, and we would not be in this same situation. And so, it was devastating." On Monday evening, Youngkin spokesman Christian Martinez, asked for a response, did not address Melissa Johnson's comments, but said: "The fact that the Commonwealth's Attorney could not justify the basis for such a harsh sentence further affirms the Governor's decision and statement." Last October, a Fairfax jury acquitted former Sgt. Wesley Shifflett of involuntary manslaughter in the Feb. 22, 2023, shooting death of Timothy Johnson following a foot chase outside Tysons Corner Center. But the jury convicted Shifflett of recklessly discharging his firearm. A Fairfax County judge on Friday sentenced Shifflett to five years in prison on the firearms charge, with two years suspended and three to serve, plus five years of probation. Gov. Glenn Youngkin said he is "convinced that the court's sentence of incarceration is unjust" in the case of former Fairfax County police Sgt. Wesley Shifflett. Youngkin on Sunday night announced he had commuted Shifflett's sentence. "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 added: "I want to emphasize that a jury acquitted Sgt. Shifflett of the more serious charge of involuntary manslaughter, a conviction for which the sentencing guidelines recommend no jail time or up to six months’ incarceration." Descano, the Fairfax prosecutor, said in a statement: "I'm outraged at Youngkin's decision tonight. Glenn Youngkin has spent the last four years honing his Trump impersonation and now he's following in his footsteps by commuting sentences just to score political points." The Associated Press reported that Timothy Johnson allegedly stole sunglasses from a store in the mall. Shifflett testified that he shot Johnson after he saw him reaching into his waistband after falling down in a wooded area during the chase. Fairfax Police Chief Kevin Davis announced in March 2023 that Shifflett had been fired from the department for violating its rules on use of force. A first grand jury chose not to indict Shifflett in the case. Descano then convened a special grand jury that indicted Shifflett in October 2023 on the charges of involuntary manslaughter and recklessly discharging the weapon. On Monday evening, members of the Virginia Legislative Black Caucus called the governor's action "reckless and a gross misuse of power that threatens public safety." "We will not allow him to use the chaos his friends are causing in Washington as cover to evade consequences as he places a recently convicted, violent criminal back in our communities." Del. Marcus Simon, D-Fairfax, chairman of the House Public Safety Committee and vice chairman of House Courts of Justice Committee, said Monday that the governor rushed the decision after the sentencing without contacting Timothy Johnson's family. Melissa Johnson confirmed at Monday's news conference that she got no advance notice. "It seems pretty politically motivated," Simon said. Senate Majority Leader Scott Surovell, D-Fairfax, dismissed the governor's action as "performative, Trumpesque police-signaling." Surovell, who chairs the Senate Courts of Justice Committee, said Youngkin is looking for political cover before his expected veto of legislation that would remove the current prohibition of collective bargaining by public employees, including police. The Fraternal Order of Police and the Virginia Police Beneficial Association support the legislation, which Surovell and Del. Kathy Tran, D-Fairfax, introduced and the General Assembly passed this year. If Youngkin signs the legislation, it would take effect on July 1, 2027. The majority leader, who is a lawyer in Fairfax, defended how Fairfax County Circuit Court Judge Randy Bellows handled the case. In a 25-page opinion in mid-January, Bellows provided a detailed analysis of the evidence and his reasons for denying Shifflett's motions to overturn the guilty verdict. "The governor thinks he knows more than a lifelong federal spy prosecutor who has served on our bench for two decades," Surovell said. Bellows has held his seat on the 19th Judicial Circuit since 2002. Previously, he was an assistant U.S. attorney in the Eastern District of Virginia and prosecuted fraud and national security-related cases. He is a member of the adjunct faculty in the George Mason University Department of Criminology, Law and Society. Youngkin has emphasized "backing the blue" throughout his term as governor. In January, he criticized President Joe Biden for granting clemency to Ferrone Claiborne and Terence Richardson, who were acquitted in federal court in the 1998 slaying of Waverly police officer Allen W. Gibson Jr., but were serving life sentences. Youngkin said at the time: "I am beyond outraged and in utter disbelief that President Biden would announce clemency for Ferrone Claiborne and Terence Richardson." Youngkin said Claiborne and Richardson had "admitted to being responsible" for the killing in Sussex County Circuit Court. In 1999, Richardson and Claiborne pleaded guilty to lesser charges in state court — Richardson to involuntary manslaughter, and Claiborne to being an accessory after the fact, to avoid the risk of a death sentence if a jury tried them on capital murder charges. In 2001, a federal jury convicted Richardson and Claiborne of drug crimes, but acquitted them of Gibson’s murder. The federal judge factored in Richardson and Claiborne’s 1999 guilty pleas in Sussex County Circuit Court when fashioning their sentences on the federal drug convictions. As a result, they were serving life in prison. 04-08-1966: Officers handle incident at 1507 Grove Avenue. 12-19-1953 (cutline): The salary--c'est si bon--Patrolmen W.S. Williams and Mrs. May Carpini show their approval of paychecks, the first reflecting the pay increases of 15 per cent granted city policemen and firefighters. Some 900 city employees yesterday gor the checks, which carried increases from 5 to 15 per cent. 02-16-1969 (cutline): Two Richmond Police Bureau detectives are trying to find who owns several hundred dollars' worth of property recovered last Monday from a house in Chesterfield County. Detective R.E. Ferrekk checks one of the rifles included in the assortment. Also among the items are two television sets, a portable bar, a portable typewriter, a derringer pistol, a Polaroid camera and flash attachment and several knives. Anyone who believes he can identify any of the items as his property should get in touch with Ferrell or Detetive C.S. Rutherford at police headquarters, 501 N. Ninth St. 05-27-1967 (cutline): Fifteen members of the Richmond Police Bureau were graduated from the 22nd session of the city's basic police school yesterday in special exercises in the Virginia War Memorial on South Belvidere Street. Patrolman Harold A. Wright, class president, and Rowland C. Halstead, special agent in charge of the Richmond FBI office, both stressed police-community teamwork as the key to better law enforcement during their commencement remarks. The next session of the school will begin this fall. 03-01-1963 (cutline): S/Sgt. John D. Krimm briefs rookie policemen. Patrolmen Miles M. Jones (center) Harold R. Madsen. 10-26-1959 (cutline): O. Johnson, C.R. Leonard and V.T. Moore are all college men enrolled in an eight-week basic course at the City Police Bureau's training school. 02-14-1966 (cutline): Acting Police Sgt. James D. Hill checks through old arrest warrants while Officer J.D. Jennings books a prisoner at the City Lockup. 04-04-1966 (cutline): Officers J.W. Harris Jr., J. W. Vann, C. Stokes and H.L. Coleman view items they recovered in a north side break-in and arrest. 03-16-1969 (cutline): Sgt. A. S. Csaky (left), Det. Mozingo use photo method. Oblique lighting can bring out footprint on sweater. 03-16-1969 (cultine): Det. E. W. Mozingo fires test bullet in to cotton wadding to check marks. Each gun leaves "fingerprint" on bullets which helps to identify weapon. 11-14-1966 (cutline): James Woody puts on his special drunk act for recruit Hal Flood during a training session at Bryan Park. Flood at left helps Woody out of car, then copes with tumble and directs his 'suspect' toward a patrol car. 11-14-1966 (cutline): James Woody puts on his special drunk act for recruit Hal Flood during a training session at Bryan Park. Flood at left helps Woody out of car, then copes with tumble and directs his 'suspect' toward a patrol car. 05-12-1964 (cutline): This is South Richmond police station at 14th and Stockton Sts. Detective J.A. Windsor leaves building to begin duty tour. 11-02-1947 (cutline): New badges for the Richmond police have arrived and are being distributed to the men on the force. Above are shown the old (top) and the new on the officers' uniforms in relation to the gold buttons on the left breast of the jacket. Plainclothes police and detectives carry the badges in their pockets or wear them pinned to easily accessible places under their uniforms. 04-06-1969 (cutline): Louis Dequatro, storekeeper in the Richmond Police Bureau's property room, had his hands full Friday as he assembled the 155 different items due to be auctioned off Wednesday during the city's annual sale of unclaimed property. The public sale gets under way at 10 a.m. in the Mosque ballroom. Among the items being sold are a donkey garden statue, two watches worth about $150 apiece, about 40 other items of jewelry, a 16-millimeter sound projector, several tires, some television sets and a tap recorder. 07-24-1953 (cutline): Policewoman May Carpini was under a hastily devised tent today. It was a protective sort of tent, though, no sideshow affair. Mrs. Carpini, radio dispatcher at police headquarters, was housed under canvas while painters went about the task of brightening up the radio room. Listeners reported her voice still came through loud and clear on police radio receiving units. 10-11-1959 (cutline): Police service division's new crime investigation unit. Captain F.S. Duling (in uniform), Lieutenant W.A. Evans look it over. Email notifications are only sent once a day, and only if there are new matching items.
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