Family lawyer: Police shooting caught on video was execution

Family lawyer: Police shooting caught on video was execution

FAIRFAX, Va. (AP) — The lawyer for the family of a man fatally shot by police after he allegedly stole a pair of sunglasses from a Virginia shopping mall called the death “an execution” after seeing video of the shooting for the first time Wednesday.

Family of Timothy McCree Johnson viewed the body camera video for the first time at the invitation of the Fairfax County Police Department nearly a month after two officers ran after Johnson and then shot him outside Tysons Corner Center, one of the busiest malls in northern Virginia.

Attorney Carl Crews said nothing in the video shows anything to explain why officers would have reasonably feared for their lives when they opened fire.

“If the video would have exonerated the officer, we would have seen it already,” Crews said, referring to the delay. He called Johnson’s death “an execution by a Fairfax County police officer.”

Crews said nothing appears in the video to make it look as though Johnson was armed.

“He could have been apprehended without a shot being fired,” Crews said.

The video has not yet been made publicly available. Police say they plan to release it Thursday, just inside of a 30-day deadline set by internal guidelines.

Johnson’s mother, Melissa Johnson of Forestville, Maryland, said she has now been thrust into a depressingly familiar role in the national news cycle: the mother of a Black man who was killed by police without justification.

“No parent should have to view the killing of their child and then be asked to give remarks,” she said to reporters outside police headquarters after having just watched the eight-minute body camera video. “However, here we are, and here I stand.”

Police did not comment Wednesday on the family’s accusations. Last month, though, immediately after the shooting, Fairfax County Police Chief Kevin Davis described Johnson as someone with a “significant violent criminal history” who was “absolutely very well known to law enforcement in the national capital region.”

Davis said Johnson ran into a heavily wooded patch that made it difficult to determine at the time of the shooting whether Johnson had been armed. Police later confirmed that no weapon was found.

On Wednesday, Melissa Johnson took issue with Davis’ depiction of her son.

“Before he took the time to gather the facts, he painted a negative half-truth about our son and the unfolding case,” she said.

The only thing the officers knew about her son when he was shot and killed, she said, was “that he was Black and male and had allegedly triggered an alarm from a store for some sunglasses.”

Johnson had no criminal record in Fairfax County, court records show. He did have assault and gun convictions against him in Maryland and the District of Columbia that went back 20 years.

The video viewed Wednesday by Johnson’s family came from body camera footage connected to Sgt. Wesley Shifflett, one of the two officers assigned to patrolling Tysons Corner Center, Crews said. The other officer, James Sadler, was in plainclothes and had no body camera, police have said. Both officers opened fire, according to police.

The release of the video to Johnson’s family comes as seven Virginia sheriff’s deputies and three hospital workers in Henrico County, near Richmond, have been charged with second-degree murder in the death of a Black patient, Irvo Otieno, after he died while being transferred to a state hospital. Video released Tuesday in Otieno’s case shows the deputies and workers surrounding and pinning Otieno to the floor.

In Johnson’s case, Fairfax County Commonwealth’s Attorney Steve Descano, who was elected in part on a platform of holding police officers accountable, said in a statement Wednesday that he will decide in the coming weeks whether the officers who shot Johnson will face criminal charges.

“I have seen and am devastated by the body-worn camera footage showing yet another death of a Black man at the hands of police,” Descano said. “My heart grieves for the Johnsons, who lost a beloved family member over an incident involving a pair of sunglasses.”

Judge: State must preserve evidence from halted execution

Judge: State must preserve evidence from halted execution

ATMORE, Ala. — A federal decide on Friday requested Alabama to maintain data and professional medical materials affiliated with a deadly injection try right after the prison technique acknowledged several attempts to obtain the inmate’s veins just before contacting off the execution.

U.S. District Judge R. Austin Huffaker Jr. issued the purchase at the ask for of the inmate’s legal professionals who are seeking to collect far more facts about what happened in the course of Alabama’s endeavor to execute Alan Miller, 57. Miller was sentenced to dying immediately after being convicted of a 1999 office rampage in which he killed Terry Jarvis, Lee Holdbrooks and Scott Yancy.

The U.S. Supreme Court docket cleared the way for the execution shortly right after 9 p.m. Thursday and state officers reported they determined at about 11:30 p.m. that the could not start off the execution by a midnight deadline.

Huffaker requested the Alabama Department of Corrections to find and protect all proof related to the attempted execution, together with notes, email messages, texts, and utilized clinical materials these types of as syringes, swabs, scalpels, and IV-traces. He also granted a request from Miller’s legal professional to pay a visit to him and photograph what they claimed are, “injuries from the attempted execution.”

Through a Friday early morning hearing carried out by telephone convention, Huffaker requested the condition what was going on in the nearly 150 minutes that elapsed just after the Supreme Court docket mentioned the execution could carry on. An legal professional for the point out advised the choose the execution workforce commenced preparations at about 10 p.m. and made several attempts to hook up the IV line but she did not indicate just how lengthy the point out tried out. They stopped hoping to get venous access at about 11:20 p.m, she stated.

Alabama Corrections Commissioner John Hamm explained to reporters early Friday morning that “accessing the veins was having a little little bit for a longer time than we anticipated” and the point out did not have adequate time to get the execution underway by a midnight deadline.

“Due to time constraints resulting from the lateness of the court proceedings, the execution was known as off once it was decided the condemned inmate’s veins could not be accessed in accordance with our protocol prior to the expiration of the dying warrant,” Hamm claimed.

This is at least the third time Alabama has acknowledged issues with venous accessibility during a lethal injection. The state’s July execution of Joe Nathan James took additional than three hrs to get underway. Alabama termed off the 2018 execution of Doyle Hamm soon after getting not able to build an intravenous line.

“The Alabama Division of Corrections verges somewhere between malpractice and butchery,” claimed Bernard Harcourt, a lawyer who represented Doyle Hamm. “What it demonstrates is we actually should not be offered this incompetent bureaucrats the electric power over daily life and demise.”

Miller’s execution was referred to as off after a authorized battle on no matter whether the condition lost Miller’s paperwork requesting a unique execution method. When Alabama approved nitrogen hypoxia as an execution process, point out law gave inmates a quick window to ask for it.

Miller testified at an earlier courtroom listening to that he wanted nitrogen since he dislikes needles and health-related team often have difficulty obtaining a blood vessel to attract blood.

———

This tale was corrected to demonstrate Alabama’s previous execution was in July, and corrects the name of the prisoner from Arthur to Alan Miller.