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Virginia Gov. Glenn Youngkin commuted former Fairfax County police officer Wesley Shifflett’s sentence on Sunday, March 2, less than two days after a judge ordered him to serve five years in prison for recklessly discharging a firearm.

Shifflett was released from the detention center shortly before 8 p.m. Sunday after spending two nights behind bars.

A Fairfax County jury convicted Shifflett on Oct. 4, 2024, in connection with the fatal shooting of Timothy McCree during a foot pursuit on Feb. 22, 2023. The jury acquitted him of the more serious charge of involuntary manslaughter but found him guilty of reckless handling of a firearm.

During his October 2024 trial, Shifflett acknowledged firing the fatal shot. He testified that he acted in self-defense after the man fell during the pursuit and appeared to reach toward his waistband, possibly for a gun.

Fairfax Circuit Court Judge Randy I. Bellows sentenced Shifflett on Friday, Feb. 28, to five years in prison—the maximum penalty for the Class 6 felony—and five years of probation. Youngkin said the court rejected a senior probation and parole officer’s recommendation that Shifflett receive neither incarceration nor supervised probation.

Youngkin invoked the executive-clemency authority granted to Virginia governors under the state constitution. A commutation ends or reduces a sentence but does not erase the underlying conviction as a pardon can.

The governor called Shifflett’s incarceration unjust and argued that similarly situated defendants should receive proportionate sentences. He also pointed to the manslaughter acquittal, Shifflett’s lack of a prior criminal record and what he described as the former officer’s exemplary service.

“It is in the interest of justice that he be released immediately,” Youngkin said, adding that the commutation would not restrict Shifflett’s right to appeal his firearm conviction.

Fairfax Commonwealth’s Attorney Steve T. Descano sharply condemned the decision, accusing Youngkin of commuting the sentence for political gain.

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