Prosecutors will ask the Illinois Supreme Court to review an appellate court ruling that found former Sangamon County sheriff’s deputy Sean Grayson should be released from jail pending trial on charges related to the July 6 shooting death of Sonya Massey.
On Wednesday, Nov. 27, the 4th District Court of Appeals ordered the trial court to reconsider its decision to hold Grayson in jail pending trial for first-degree murder and official misconduct, saying it should assess his danger to the public as a private citizen rather than as a law enforcement officer.
In a motion for a stay of that order filed with the appellate court Monday, David Robinson, chief deputy director for the State’s Attorney Appellate Prosecutor, wrote “there is a high likelihood of “societal upheaval upon defendant’s release” and there was a “significant chance” that the appellate order would be reversed.
READ IT: The People of the State of Illinois v. Sean Grayson
“Allowing defendant’s pretrial release pending a petition for leave to appeal, the granting of which would put defendant back in pretrial detention, could leave the citizens of Illinois with diminished confidence in the criminal justice system,” the motion stated.
The opinion stated that while Grayson fell short of his duties as a law enforcement officer, the trial judge’s ruling to detain Grayson until trial hinged on Grayson’s status as a police officer and failed to demonstrate that he continued to pose a threat.
“The trial court’s focus on the 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 office,” Fourth District Justice Eugene Doherty wrote in the opinion.
State’s Attorney John Milhiser met with the Massey family last week and informed them of the appellate court’s decision, according to a news release.
“Defendant Grayson has demonstrated that he cannot comply with conditions and is a danger to the community after his inexcusable actions on July 6, 2024 when he shot Sonya Massey,” Milhiser said in the release.
Grayson was scheduled for a pre-trial hearing in Sangamon County on Monday. About a dozen protestors were outside the courthouse in the snow in opposition of the appellate court decision.
A motion to stay the decision was filed Monday so it can be appealed to the Illinois Supreme Court. Grayson’s attorneys have until Friday to file a response.
Springfield attorney Dan Fultz, one of Grayson’s attorneys, declined to comment.
Last year, Illinois courts abolished cash bail, opting for a “pretrial release” system as outlined in the SAFE-T Act. Under that law, a judge can order the detention of a defendant if they find they pose a threat to the community or are likely to flee.
“The SAFE-T Act has made it less safe in communities across Illinois,” Milhiser said in his release. “Under the short time-frame required under the Act, we filed a Petition to Detain Sean Grayson, including relevant available information and made appropriate arguments at the hearing.”
Grayson was initially housed in the Menard County Jail, but in late October, he was transferred to the larger Macon County Jail in Decatur. According to jail records there, he remained in custody on Monday morning.
Grayson was detained after his arrest in July on charges of first-degree murder, aggravated battery with a firearm and official misconduct in connection with the shooting death of Sonya Massey. Grayson was fired after his arrest.
Massey, a Black woman, was shot on July 6 after calling police to report a prowler outside her home. Grayson, who is white, shot an unarmed Massey in her kitchen. Massey was experiencing a mental health crisis at the time of her death, according to a family spokesman.
Massey’s shooting became national news – another case of police brutality that launched protests around the country.
Scrutiny of the sheriff’s department’s hiring of Grayson increased when it was discovered he twice had been convicted of driving under the influence and had received discipline for failing to follow orders and insubordination. Grayson worked for six central Illinois police departments in four years before Sangamon County hired him.
Read more: Grayson’s behavior in Logan County led superior to ask, ‘How are you still employed with us?’ | In wake of Massey shooting, Sangamon County target of DOJ investigation
Earlier this month, the U.S. Department of Justice announced they would launch a civil rights probe into the Sangamon County Sheriff’s Department, Central Dispatch and the county itself.
In a letter, the DOJ civil rights division outlined the scope of the investigation that included employment practices and allegations of a lack of diversity at SCSO that they said impacted policing services in communities of color.
Massey’s shooting raised concerns about the sheriff’s departments interactions with Black people and people with behavioral health disabilities.
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