FAIRFAX, Va. — Defense attorneys say they are going to search a mistrial for a former police officer on trial within the deadly taking pictures a shoplifting suspect exterior a busy northern Virginia mall after prosecutors’ closing argument Wednesday included proof that was by no means launched at trial.
The jury heard prosecutors’ closing argument towards former Fairfax County Police officer Wesley Shifflett, who’s charged with involuntary manslaughter. But the decide despatched them residence for the day after protection attorneys objected to the argument by Assistant Commonwealth’s Attorney Natheena Tyler.
Shifflett fatally shot Timothy McCree Johnson in February 2023 following a quick foot chase exterior Tysons Corner Center, a busy shopping center, after Johnson was recognized stealing sun shades from a Nordstrom division retailer.
Jurors have seen bodycam video of the taking pictures, during which Shifflett yells “get on the bottom” earlier than firing two photographs at Johnson. After the photographs have been fired, Shifflett instantly yelled “cease reaching” and instructed different officers that he noticed Johnson reaching in his waistband.
The taking pictures occurred at evening, and the dimly lit video is unclear as as to if Johnson, who turned out to be unarmed, ever reached for his waistband.
Shifflett, who was fired after the taking pictures, is white, and Johnson was Black.
While jurors noticed a lot of the bodycam video, that they had not seen a snippet from a pair minutes after the taking pictures during which Shifflett recounts to officers that he instructed Johnson to “present me your fingers,” one thing he by no means really stated to Johnson earlier than or after firing the photographs.
Tyler went on to argue that Johnson made up the quote in his rationalization to officers as a result of he already knew that “he tousled.”
Defense lawyer Matthew Noel stated the error is very prejudicial to his shopper, portraying him as a liar and denying him the flexibility defend towards it with proof of his personal. He stated that the protection had an knowledgeable lined up who might have defined how an officer may make excited utterances like that, however that the knowledgeable’s testimony was barred as a result of the “present me your fingers” clip was not going to be offered at trial.
Another protection lawyer, Caleb Kershner, stated after Wednesday’s listening to that he expects to hunt a mistrial with prejudice, which means that the case could be tossed out and prosecutors could be barred from in search of a brand new trial.
But it’s unclear how Judge Randy Bellows will tackle the difficulty. While it was vital sufficient for him to cease the trial and ship the jury residence, he additionally stated the protection erred by ready to object till the conclusion of the prosecutor’s closing. He stated they need to have objected as quickly because the clip performed.
Defense attorneys stated they hesitated to object instantly partially as a result of they weren’t totally certain within the second that the clip hadn’t been launched as proof.
Bellows will rule on proceed when the trial resumes Thursday.
Prosecutors have struggled to current their case towards Shifflett. Initially, a grand jury declined to indict Shifflett. At that time, Fairfax County Commonwealth’s Attorney Steve Descano, who received workplace on a marketing campaign platform that included holding law enforcement officials accountable for misconduct, convened a particular grand jury that operated below guidelines that gave Descano extra oversight over the method.
The particular grand jury returned indictments on costs together with involuntary manslaughter and reckless dealing with of a firearm.
The trial was delayed for a number of days when the lead prosecutor suffered a critical medical concern. A special prosecutor stepped in after a number of days.
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