Former Illinois deputy charged in Sonya Massey's killing could soon be released as he awaits trial

SPRINGFIELD, Ill. — The former Illinois sheriff’s deputy charged with first-degree murder in the shooting death of Sonya Massey could soon be set free, following an appellate court ruling that cleared the way for his pre-trial release.

At a hearing Monday, a circuit court judge said he will on Friday determine the restrictions for Sean Grayson’s release. The judge, Ryan Cadagin, had previously denied Grayson’s pre-trial release. But an appellate court overturned that ruling in a unanimous decision Wednesday. Sangamon County State’s Attorney John Milhiser said his office plans to appeal that ruling.

Sonya Massey.Courtesy Ruby Funeral Services

Cadagin said he would comply with the court order and determine “the least restrictive conditions” for Grayson’s release.

Grayson, appeared via video conference from jail with one of his attorneys by his side. He spoke only to say “Yes, your honor” when asked whether he had waived his right to appear in person at Friday’s hearing.

Grayson shot and killed Massey in her home in Springfield on July 6. Massey, who had dealt with mental health issues, had called 911 to report a potential prowler. Body camera video shows that as Grayson spoke to her in her living room, he noticed a pot of hot water on her stove. Massey got up to remove it and, as she was handling the pot, several feet away from Grayson and his partner, she twice said, “I rebuke you in the name of Jesus.” Grayson told her that she “better [expletive] not” and yelled at her to drop the pot. As she ducked, the video shows, he fired three shots, one of which struck Massey beneath her left eye.

Sonya Massey speaks with former Sangamon County Sheriff’s Deputy Sean Grayson at the door of her home in Springfield, Ill., on July 6.Illinois State Police

The video also showed that Grayson had told his partner not to render aid to Massey because, he said, she had sustained a shot to the head.

Cadagin had initially denied Grayson’s release because he said his actions were “a departure from the basic expectations of civil society.” At a hearing in August, Cadagin rejected Grayson’s request to be released to accommodate his medical needs, which include treatment for colon cancer, saying that electronic monitoring would not sufficiently protect the community from Grayson. One of Grayson’s attorneys, Mark Wykoff, had argued that the threat had been mitigated because Grayson was no longer working in his official capacity since he had been fired from the Sangamon County Sheriff’s Office.

In its unanimous decision issued Wednesday, the 4th District Appellate Court ruled Cadagin’s having denied Grayson pre-trial release was improper.

“The trial court’s focus on defendant’s failings as a law enforcement officer, while understandable, distracted from the central question of how to address any risk he posed after being stripped of his office,” the appellate court’s ruling states. 

Massey’s killing drew national attention as another example of police fatally shooting a Black person in their home. Grayson is white.

More than a dozen protesters gathered outside of the courthouse Monday, chanting “Sonya’s life matters!” Maggie Vespa / NBC News

Sheriff Jack Campbell resigned in August amid public outcry and after Gov. JB Pritzker said he had failed at his job and should step down. Campbell was aware Grayson had pleaded guilty to driving under the influence of alcohol on two occasions, one of which led to his premature discharge from the Army in February 2016, according to various personnel records. Those records obtained by NBC News indicate Grayson had moved among six law enforcement agencies in central Illinois in four years and that he had drawn concerns over his aggression and integrity issues at some of them.

The Justice Department recently notified officials in Sangamon County that it had opened an investigation into Massey’s killing.

More than a dozen protesters gathered outside of the courthouse Monday, chanting “Sonya’s life matters!” Some carried cardboard signs that read: “Justice for Sonya.”

James Wilburn, Massey’s father, attended Monday’s hearing and slammed the appellate court’s ruling afterward.

“This appellate court ruling was a serious miscarriage of justice, as far as I’m concerned,” he said. “And we’re going to get justice for my daughter, whatever it takes. Whatever it takes.”

He took exception to the judge considering Grayson receive “the least restrictive conditions” upon release.

“When my daughter can get up and walk out of that cemetery, then he can get out of jail,” Wilburn said.

Maggie Vespa reported from Springfield, Ill. Janelle Griffith reported from New Jersey.