Sean Grayson, the former Sangamon County Sheriff’s deputy now charged with murder in the fatal shooting of Sonya Massey, was previously discharged from the U.S. Army for serious misconduct, military records show. Grayson, who is white, was indicted by a grand jury in the July 6 death of Massey, who is Black. Ben Crump, the family’s attorney, said the U.S. Department of Justice has also opened an investigation into the incident, but the agency said in a statement that it is “assessing the circumstances” and following the criminal case. Documents obtained from the Kincaid Police Department in Illinois, where Grayson worked previously, note that Grayson was discharged from the Army in 2016 from the Fort Riley Army installation in Kansas for “Misconduct (Serious Offense).” Army officials confirmed Grayson was a wheeled vehicle mechanic from May 2014 to February 2016, but declined to provide further details about his discharge, the Intercept reports. “The Privacy Act and (Department of Defense) policy prevent us from releasing information relating to the misconduct of low-level employees or characterization of service at discharge,” Army spokesperson Bryce S. Dubee said.
Anthony Ghiotto, a former Air Force prosecutor who now teaches law at the University of Illinois, said there are several reasons why a service member could receive this type of discharge in lieu of a court-martial proceeding or if the member commits a civilian infraction that can’t be disciplined through the military justice system. Ghiotto said this kind of discharge suggests that Grayson committed an offense equivalent to something that would have led to at least a year of incarceration for a civilian. “A good way of looking at it is, if it would be a misdemeanor in the civilian world, it’s not going to be a ‘serious offense,’” he said. He added it’s likely Grayson was not court-martialed. Daniel Fultz, Grayson’s defense attorney, declined to comment about the nature of his discharge from the Army. Fultz told Sangamon County Circuit Court Judge Ryan Cadagin on July 17 at Grayson’s arraignment that Grayson received an honorable discharge after serving three years in the Army. However, the DD Form 214 summarizing Grayson’s tenure in the Army indicates he did not receive an honorable discharge. Grayson also didn’t receive a dishonorable discharge, but Ghiotto said the DD Form 214 indicated Grayson was “kicked out” of the Army for serious misconduct before his regular term of enlistment was up. Grayson received a “general” discharge under “honorable conditions,” which Ghiotto said means some, but not all, of Grayson’s service was honorable. That type of discharge should be a “red flag” to potential future employers, Ghiotto said. But he said a “bigger red flag” is the listing of misconduct
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