Sean Grayson's attorneys ask Illinois Supreme Court to release him from jail as he awaits trial for murder of Sonya Massey
The Illinois Supreme Court heard arguments Wednesday on whether the sheriff's deputy who shot and killed Sonya Massey last year should be released from jail while he awaits trial.
Sean Grayson, 30, has been charged with first-degree murder, aggravated battery with a firearm and official misconduct in Massey's death. He was fired from the Sangamon County Sheriff's office after the shooting, and is being held at the Macon County Jail.
An Illinois Appellate Court panel found in November that a ruling that he should remain in jail was improper, ruling prosecutors failed to provide sufficient evidence there were no conditions the court could set to reduce the danger Grayson posed to the public.
The appeals court ordered a new detention hearing for Grayson to set suitable conditions for his release, but prosecutors asked the Illinois Supreme Court to step in.
Massey was killed on July 6, 2024, when Grayson and other sheriff's deputies responded to a call about a possible prowler at her home near Springfield. Grayson shot her when she checked on a pot of boiling water in her own kitchen while saying, "I rebuke you in the name of Jesus."
"This guy should have never been given a badge and a gun," said Massey's father, James Wilburn. "It would be fine with me for me him to breathe free air when my daughter gets up and walks out of that cemetery."
On Wednesday, Illinois Assistant Attorney General Michael Cebula argued that Massey was cooperative with police throughout the encounter, and never posed a danger that would have justified Grayson's use of deadly force.
Cebula noted that, although Grayson has said he feared that Massey would throw boiling water on him, Massey had only gone to the stove to move the pot of boiling water at his request.
"Rebuking someone in the name of Jesus is not a physical threat; certainly nothing that any reasonable person would say prompts or justifies a lethal response from anyone," Cebula said.
Cebula argued the evidence in the case proves Grayson "has a dangerous impulsiveness, a terrible lack of judgment that we cannot rely on conditions of release to mitigate."
"This is someone who acts impulsively, this is someone who has terrible judgment, and if they cannot comply with basic expectations of society – which is not to escalate situations to this degree – then we cannot expect them to comply with conditions of release," he said. "This was not a high-stress situation, and the fact the defendant viewed it as a high-stress situation should be deeply troubling."
Assistant Appellate Defender Deborah Pugh, however, argued that prosecutors have not proved Grayson would not comply with conditions of pretrial release if he were allowed to go free ahead of trial.
Pugh said Grayson had no previous violent history, and has cooperated with the investigation and prosecution of the case from the beginning.
"It is relevant that he's a member of the community, and he owns a house with his fiancée, that he served in the military, and these are all things that show he's a member of the community, somebody who's not looking to violate any conditions of release," she said.
Pugh noted that, after the shooting, Grayson stayed home while the case was under investigation, and then turned himself in within 30 minutes of being indicted.
"These are not the actions of somebody who will not comply with conditions. Mr. Grayson wants his day in court, and he does not want to jeopardize his credibility or anything related to what will happen at trial based on violating the conditions of release," she said.
Grayson's attorneys also say he is battling colon cancer.
It's unclear when the Illinois Supreme Court will rule on whether Grayson should be granted pretrial release ahead of his trial.
Grayson's trial is scheduled to begin in October. His trial has been moved from Sangamon County to Peoria County, after the trial judge agreed with Grayson's defense team that publicity from the case made it impossible to find an impartial jury in Sangamon County.
In February, the Sangamon County Board approved a $10 million settlement for Massey's family, after they filed a wrongful death lawsuit against the county.
Proposed Illinois law would require more comprehensive checks before a police officer is hired
This all comes as state lawmakers are set to pass a law in Massey's honor, aimed at reforming law enforcement hiring practices around the state.
The new law, introduced by Illinois state Rep. Kam Buckner (D-Chicago), would require a more comprehensive look at any officer's past before that officer can be offered a new badge.
Before Grayson was hired in Sangamon County, questions about his conduct were well-documented by other police agencies. But those concerns were somehow never shared with the Sangamon County Sheriff's office during the hiring process.
In his fifth police job, he refused to terminate a high-speed chase and drove more than 110 mph — only coming to an end when he hit a deer. A report from a department where Grayson was employed also said he struggled with report writing and was aggressive in his pursuit for drugs.
"It's just sad that we had to have had a tragedy like this with the Sonya Massey murder to realize that we are doing things wrong," said Buckner.
Buckner's legislation would require police agencies to conduct more thorough background checks before a hire.
"This is an opportunity to have some checks and some balances and some processes to make sure that we don't find ourselves in the same position and situation that we did when Sean Grayson was hired," he said.
If the bill passes and is signed by Illinois Gov. Pritzker, everything from disciplinary records, use-of-force history, psychological exams, and any previous violations of misconduct while working in law enforcement would have to be shared with a prospective employer.
"If we are successful tomorrow, I think gov Pritzker will sign the legislation — and Illinois can be the leader in the whole United States of this commonsense legislation," said Wilburn. "I think my daughter's life, it won't be in vain."
