Wesley Shifflett fatally shot Timothy McCree Johnson, a Black man, after the officer suspected Johnson stole a pair of sunglasses.

The new probe comes after a regular grand jury declined to indict the officer, Welsey Shiftlett, earlier this month.

Fairfax Commonwealth’s Attorney Steve Descano said he is “evaluating all options on the path forward.”

Fairfax Couny Police have fired one of the officers that shot and killed Timothy McCree Johnson in February.