A grand jury chose not to indict the police officer who fatally shot 37-year-old Timothy McCree Johnson near Tyson’s Corner Center in February. Johnson was killed after being chased by police through the mall, and into a wooded area outside; authorities said he had allegedly stolen sunglasses from a store.

The Johnson family’s lawyer called the shooting an “execution” — and Fairfax prosecutors were pursuing charges of involuntary manslaughter and reckless handling of a firearm against one of the officers who fired shots at Johnson – Sgt. Wesley Shifflett. But a grand jury ultimately decided there was not enough evidence to move forward with charges — which came as a surprise to Fairfax Commonwealth’s Attorney Steve Descano.

“Earlier this morning I sat with Timothy Johnson’s family and told them I expected an indictment to come today in the killing of their son, so I can only imagine their pain and shock when they received the news that the officer—who shot and killed their unarmed son—was not indicted,” Descano said in a statement Monday afternoon. “Since, by law, no prosecutors were permitted to be present in the room when the investigating officers made their presentation to the grand jury, I can’t say for sure what information was conveyed to the grand jurors. In light of this outcome, I am evaluating all options on the path forward and continue to grieve Timothy’s loss.”

Descano’s office has the option to call another grand jury, but a spokesperson declined to comment Monday on whether they would choose to do so. In general, it is rare for a grand jury not to return indictments — though it does happen. For example, a grand jury cleared the police officer who killed Michael Brown, an unarmed Black teenager, in Ferguson, Missouri — setting off additional waves of protests over racism in policing and the justice system.

Johnson’s mother, Melissa Johnson, believes her son — a Black man — would not have been killed if it weren’t for that racism. She also believes Shifflett would not have been cleared if her son was not Black.

“Had it not been for the color of my son’s skin, we wouldn’t be even having this conversation, and we definitely would not have received the results that we received today,” she told DCist/WAMU in an interview Monday.

Johnson said she hadn’t fully processed the news of no indictment by Monday evening.

“I’m kind of numb, to be honest,” she said. “It’s that 1 a.m. knock at the door all over again. Just trying to process everything and stay strong in my faith. But the fight is not over.”

The news of no criminal charges came as a relief to Shifflett, the officer. His attorney, Caleb Kershner, told DCist/WAMU that Shifflett never wanted the shooting to happen, but he acted appropriately given the circumstances.

“Sergeant Shifflett is extremely grateful and relieved,” Kershner said. “This is not something he ever asked for, that he ever wanted, that he ever wished for, and certainly ever wanted to ever happen. We certainly grieve given the circumstances, but he acted according to his training – you cannot fault him for that. And within the law – you cannot fault him for that.”

Body camera video released last month shows police chasing Johnson through the mall, outside in a parking lot, and into a nearby wooded area. Video shows Shifflett yell “get on the ground” several times. Two police officers fired a total of three shots at Johnson; authorities said he was struck in the chest and died at a nearby hospital.

Shifflett was fired from the department after the shooting. A second officer who police say was also involved — James Sadler — is still with the department on “modified restricted duty assignment,” which means he is not allowed to interact with members of the public.

Fairfax County Police Chief Kevin Davis told reporters that Shifflett was fired because “there was a failure to live up to the expectations of particular use of force policies, protocols, and procedure.”

Shifflett’s attorney says he is fighting to get his job back.

“He 100% plans on going through the grievance process,” Kershner said. “We expect that he will be vindicated in that as well.”

Crews, the Johnson family’s attorney, said he saw no evidence in the body camera video that Shifflett was in danger. “[Johnson] could have been apprehended without a shot being fired,” Crews told reporters after the release of the footage.

And Melissa Johnson said her son should never have faced fatal force after an alleged offense so minor.

“My son deserved to be seen in the Fairfax County court before a judge for a misdemeanor offense. My son does not deserve to be dead today because of stealing some sunglasses,” she said.

But Kershner said the law was clear to him: Shifflett should not have been indicted because if a law enforcement officer fears he is in danger of serious bodily harm or death, he is legally entitled to use lethal force. He said his client had apprehended “hundreds” of people in similar circumstances at the mall, but “never had he been so afraid for his life.”

Johnson was not carrying a weapon, but Kershner said “Sergeant Shifflett didn’t know that.”

Kershner said Johnson was “reaching into his belt as if pulling a gun” and “not listening to commands.”

“Sergeant Shifflett had no cover whatsoever,” he added. “The question is, do you wait until you’re shot or do you take action?”

Though he wasn’t permitted to be in the grand jury room, Carl Crews, the Johnson family’s attorney, said he believes the police officers who investigated the case and testified before the grand jury must have “tanked the case” because “they did not want to indict a fellow officer.” According to the Washington Post, only one Fairfax County police officer – Adam Torres — has ever been charged with a crime for a shooting that occurred while they were on-duty.

Johnson was a father of two children, aged 9 and 12. A GoFundMe raising money for burial expenses described him as an “avid creative spirit.”

“He loved to design clothes and tennis shoes,” it said. “He was also learning to cut hair and planned to work as a barber.”

Melissa Johnson says the process of grieving her son has been particularly weighty because of his case’s connection to a broader pattern of Black men dying at the hands of police. She said she knew she had to prepare her son for the possibility of a violent police encounter — but as a Black parent, she was wholly unprepared for the aftermath of her son’s shooting by police.

“How do I do this?” she asked. “How do I fight a racist system and grieve and be a mother, a grandmother, a federal employee? How do I walk through this? I don’t know.”