The Illinois Supreme Court rejected an emergency appeal to move up a pre-trial release hearing for the police officer accused of murdering Sonya Massey.
Sean D. Grayson was charged with first-degree murder for the July killing of Massey during a 911 call. Grayson has a hearing set for January 2 with the Circuit Court to go over the conditions of his release.
The Office of the State Appellate Defender filed an emergency motion last week to release him sooner, but it was denied by the state's top court.
On November 27, the Illinois Appellate Court found that Grayson's pre-trial detention was not warranted and ordered the Circuit Court to set conditions for his release.
The appellate court said it was unconvinced that Grayson poses a danger to the community, noting he was fired from his job as an officer.
“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 court ruled.
Grayson's pre-trial release hearing was scheduled for last week, but prosecutors then submitted a Petition for Leave to Appeal (PLA) asking the Illinois Supreme Court to review the appellate court's ruling. The hearing was pushed back to January 2, pending the appeal.
Grayson's emergency motion argued he should not be kept in jail during the state's appeal, but the top court denied the request.
According to Sangamon County State's Attorney John Milhiser, Grayson has demonstrated that he "cannot comply with conditions and is a danger to the community," although it's far from clear how Grayson remains a threat to anyone.
The former Sangamon County Sheriff's deputy responded to a 911 call on July 6 from Sonya Massey, who reported fears of an intruder. Grayson shot and killed Massey after she said, "I rebuke you in the name of Jesus" while handling a pot of boiling water.
Massey's family condemned Grayson's pending release at a press conference last week as he filed his emergency motion.
"This man is still a threat to everybody in Springfield,” Massey's father said. “Somehow it needs to make sense. We all saw the film. We saw what occurred."
Prosecutors have argued Grayson's release would risk triggering "societal upheaval," an argument Grayson's lawyers blasted as an appeal to the mob.
"The State offers no support for its insinuation that public opinion, not statutes, rules, and case law, should govern this Court’s actions."
