Former Police Officer Released from Prison

In March 2025, Virginia Gov. Glenn Youngkin granted clemency to a former police sergeant who shot and killed an unarmed man accused of stealing sunglasses.

“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, a Republican, said Sunday. In his statement, Youngkin referred to sentencing guidelines recommending no incarceration for Shifflett that were put forward by a probation and parole officer, which is a routine practice in felony criminal sentences.

Steve Descano, the Democratic commonwealth’s attorney for Fairfax County whose office prosecuted the case, said in a statement that he was outraged by the governor’s decision.

“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,” Descano said. “This is an insult to all Virginians who value an untainted justice system.”

At trial, the jury viewed a dimly lit bodycam video showing the former officer yelling at the suspect to “Get on the ground,” and then firing two shots at him two seconds later. After the shots were fired, the officer immediately shouted, “Stop reaching,” and told other officers that he saw the suspect putting his hand in his waistband.

Executive Pardon

This form of post-judgment relief comes in several forms. Clemency and commutation are basically the same thing. A pardon is something different.

The saga of troubled publishing heiress Patty Hearst illustrates the differences. In 1974, a group of domestic terrorists kidnapped Hearst. A few months later, she was caught on tape brandishing a submachine gun during a bank robbery and saying some things that shouldn’t be printed on a family-friendly website.

John Law soon caught up with her and, in 1976, she stood trial for her participation in the bank robbery. Her lawyer, the late, great F. Lee Bailey, argued that the terrorists brainwashed and threatened her into joining them. The jury disagreed and sent Hearst to prison.

President Jimmy Carter commuted her sentence in 1979, a move that freed her from prison. Years later, in 2001, on his last day in office, President Bill Clinton pardoned Hearst, restoring her full civil rights.

Presidential and gubernatorial pardons and commutations are rare, but not completely unheard of. During his four years in office, Joe Biden granted over 4,000 commutations or pardons, shattering the previous record held by Franklin Roosevelt, who served over three times longer than Biden.

So, if a Leesburg criminal defense lawyer files a well-timed and persuasive application, there’s an excellent chance the governor will at least review it.

Expunction/Sealing

An executive pardon restores civil rights. But only state-level expungement and sealing affect criminal records.

Expungement is a process where an individual who has been arrested and charged with a crime, but who was not convicted, can have police and court records of the arrest and charges sealed from public view. The records are taken away from public view and can only be seen if the court gives permission (such as to a law enforcement officer).

Virginia has a rather narrow record sealing law. This form of post-trial relief is only available in Loudoun County if:

• A court acquits a defendant in a criminal case who pleads not guilty,
• A person in a civil action who is charged with contempt of court, but is found not guilty.
• A defendant in a criminal case that the Commonwealth Attorney’s office decides not to prosecute (nolle prosequi) for all charges,
• A defendant charged with assault and battery or other misdemeanor for which the defendant could also be sued in a civil action, if the injured person states in writing s/he has received satisfaction for the injury and the case is dismissed,
• A person whose name or identification has been used without consent or authorization in a criminal case (identity theft), or
• A defendant convicted of a crime later receives an absolute pardon.

In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made. Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if a Leesburg criminal defense lawyer establishes the requirements for an expungement.

Contact a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hour visits are available.

Source:

ktla.com/news/ap-us-news/ap-youngkin-grants-clemency-to-a-fired-virginia-police-sergeant-who-shot-and-killed-an-unarmed-man/