By John O’Connor
Associated Press
SPRINGFIELD, Ill. — An Illinois appellate court ruled Wednesday that a former deputy sheriff charged with the death of Sonya Massey should be released from jail pending his first-degree murder trial.
The 4th District Appellate Court’s unanimous decision found that a circuit court ruling in July that Sean Grayson should be detained was improper. It said prosecutors failed to supply sufficient evidence that there were no conditions the court could set that would lessen the danger Grayson posed to the community.
The case forced the premature retirement of Sangamon County Sheriff Jack Campbell, who hired Grayson, and prompted a Justice Department investigation.
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In his opinion for the court, Justice Eugene Doherty found fault with prosecutors for basing their arguments against release on Grayson’s failures to meet expectations during the shooting.
“When the question before the court is whether defendant can be safely released prior to trial on appropriate conditions, it is inappropriate to dwell on whether he fell short of the high expectations society rightly has for its law enforcement officers,” Doherty wrote. “A defendant’s conduct may be reprehensible and deserving of punishment, but that is an inappropriate basis for imposing pretrial detention.”
The opinion ordered a court hearing for Grayson at which suitable conditions for his release be set.
Grayson’s next court hearing is scheduled for Monday. It’s unlikely he will be released immediately. There are actions the state can take, including appealing the appellate court’s ruling.
Daniel Fultz, one of Grayson’s attorneys, declined to comment.
Grayson, 30, is charged with first-degree murder in the July 6 shooting of Massey, who had called 911 to report a suspected prowler. During a conversation in her living room, Grayson noticed a pot of water on the stove and told his partner to remove it.
Massey, who had dealt with mental health issues, retrieve the pan and joked with Grayson over it, then inexplicably told Grayson, “I rebuke you in the name of Jesus.” Grayson yelled at her to drop the pot, and as she ducked, he fired three shots, striking her just below the left eye.
At detention hearings in July, prosecutors argued that Grayson violated his training and oath of office, failed to turn on his body camera and disregarded normal public safety by suggesting the other deputy on the scene not render aid to Massey because it was “a head shot.”
Cadagin decreed that the conditions for release suggested by the defense — removal of firearms from his home, abstinence from alcohol or drugs, a mental health evaluation, electronic monitoring — would not mitigate the possible threat of releasing him.
Doherty disagreed, finding the state “introduced no evidence, much less clear and convincing evidence” of its arguments.
