An Illinois appeals court ruled that a former deputy sheriff charged with the death of Sonya Massey, a Black woman shot in her home after she called police for help, should be released from jail pending his murder trial. The 4th District Appellate Court’s unanimous decision held that a lower court ruling in July that Sean Grayson should be detained was improper. It said prosecutors failed to supply sufficient evidence that there were no conditions the court could set that would lessen the danger Grayson posed to the community. The case has drawn national attention as an example of police shooting Black people in their homes, reports the Associated Press. Last summer, Judge Ryan Cadagin ordered Grayson jailed, finding his actions were a “departure from the expectations of civil society.”
The case forced the premature retirement of Sangamon County Sheriff Jack Campbell, who hired Grayson, and prompted a Justice Department investigation. In the appellate court ruling, Justice Eugene Doherty found fault with prosecutors for basing their arguments against release on Grayson’s failures to meet expectations during the shooting. The judge said, “A defendant’s conduct may be reprehensible and deserving of punishment, but that is an inappropriate basis for imposing pretrial detention.” The opinion ordered a court hearing for Grayson at which suitable conditions for his release be set. Grayson’s next hearing is scheduled for Monday. It’s unlikely he will be released immediately. Prosecutors may appeal the latest ruling. Grayson, 30, is charged with first-degree murder in the July 6 shooting of Massey, who had called 911 to report a suspected prowler.