A former deputy sheriff charged in the death of Sonya Massey, a 36-year-old black woman who was shot to death in her home after calling police for help, will end her first-degree murder trial, an Illinois appeals court ruled Wednesday. The court ruled that he should be released until then. .
A unanimous decision by the 4th District Court of Appeals ruled that a circuit court's ruling in July that Sean Grayson should be detained was improper.
Prosecutors said they failed to present sufficient evidence to show there were no conditions the court could set that would lessen the danger Grayson posed to the community.
The incident has garnered national attention as another example of police shooting a black man in his own home.
Such was the tension surrounding the case that it was no surprise that Circuit Judge Ryan Cadagin ordered Grayson to be detained because his actions “deviated from the expectations of civil society.”
The incident forced Sangamon County Sheriff Jack Campbell, who hired Grayson, into early retirement and led to a Department of Justice investigation.
In his opinion, Judge Eugene Dougherty found prosecutors erring in basing their argument for release on Mr. Grayson's failure to meet expectations during the shooting.
“The question before the court is whether the defendant can be safely released on appropriate conditions prior to trial, but if the defendant fails to live up to the high expectations that society rightfully has for law enforcement officers.'' It is inappropriate to dwell on whether or not the
“While the defendant's conduct may be reprehensible and deserving of punishment, it is an inappropriate basis for imposing pretrial detention.”
The opinion ordered a court hearing to set appropriate conditions for Grayson's release.
Grayson's next court hearing is scheduled for Monday.
It is unlikely that he will be released anytime soon.
There are steps the state can take, including appealing the Court of Appeals' decision.
One of Grayson's attorneys, Daniel Fultz, declined to comment.
Grayson, 30, is charged with first-degree murder in the July 6 shooting death of Massey, who called 911 to report a wandering suspect.
During a conversation in the living room, Grayson noticed a pot of water on the stove and told his partner to remove it.
Massey, who was dealing with mental health issues, retrieved the pot and joked with Grayson about it, then inexplicably told Grayson, “I rebuke you in the name of Jesus.”
Grayson yelled for her to drop the jar, and as she ducked, he fired three shots, hitting her just below her left eye.
At a detention hearing in July, prosecutors said Grayson violated his training and oath of office by not turning on his body camera and because he was “shot in the head” by another deputy at the scene. It claimed there was a disregard for normal public safety, including in suggesting that Mr Massey not provide relief. ”
Kadazin ruled that the conditions of release proposed by the defense – removal of firearms from the home, abstinence from alcohol and drugs, mental health evaluation, and electronic monitoring – did not reduce the threat of possible release.
Mr. Dougherty disagreed, finding that the state “has not presented any evidence, much less clear and convincing evidence” of its claims.
