Sean Grayson, the former Sangamon County deputy charged with first-degree murder for shooting and killing Sonya Massey unarmed in her home, will remain in jail, the Illinois Supreme Court ruled on Dec. 10. The decision overruled a Dec. 3 decision by the Illinois Appellate Court stating that Grayson could be released pretrial.
Grayson’s defense attorneys argued before the Appellate Court that he should be released on the basis of the Safety, Accountability, Fairness and Equity-Today Act, commonly referred to as the SAFE-T Act. The act was passed to allow arrestees with low-level charges to be released pretrial and no-cash bail as they would not be a threat to society.
Massey, a 36-year-old Black woman, was killed on July 6 after calling 911 about a suspected prowler outside her home. Grayson, along with an unidentified deputy, entered Massey’s kitchen, and as tensions escalated between Grayson and her, Grayson fired three shots, killing Massey.
Just days before the ruling in favor of Grayson, the United States Department of Justice opened a civil rights investigation into Massey’s murder.
Before working for Sangamon County, the former sheriff’s deputy charged with first-degree murder had a long history of misconduct on the job, raising concerns about whether he would qualify under the SAFE-T Act.
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“(It’s) an important question to ask: How many other first-degree murderers have had this act apply to them?” said Margareth Etienne, University professor in Law.
Grayson will remain in jail until the state’s highest court decides whether to hear the prosecution’s appeal or reject it.
The Appellate Court’s ruling against the prosecution, which claimed it did not provide “clear and convincing evidence” to keep Grayson in jail, was met with backlash from Massey’s family.
“My message to those three judges who ruled Sean Grayson is not a danger to the people of Springfield … If there’s a house for sale on your block, let him move on the block where you live, and we’ll see how quickly that (not in my backyard) attitude comes out in you,” said James Wilburn, father of Massey, to the State Journal-Register.
Former NAACP Illinois State Conference President Teresa Hailey said the act had “been taken totally out of context” in a press conference.
Although the act is not meant to protect Black and brown people exclusively, “it just so happens that a lot of low-level offenders are Black and brown,” Etienne said.
In another Springfield case of first-degree murder and alleged racial bias, Earl Moore Jr., a Black man, was suffocated to death by two LifeStar EMS workers who were proven to be hostile toward Moore. Peggy Finley and Peter Cadigan, both white, were charged with first-degree murder. Cadigan was released pretrial under the SAFE-T Act, and Finley made bond.
Chicago-based attorney Antonio Romanucci has been working with Ben Crump, the civil rights attorney representing the families of Massey and Moore, to amend the SAFE-T Act in the months following Massey’s death.
“The SAFE-T Act is one of the most comprehensive police reform bills passed,” Romanucci, who helped the family of George Floyd secure a civil settlement from the city of Minneapolis, said to the State Journal-Register.
Still, he said it needs “a little bit of help.”
As a result, Romanucci and Crump have been advocating for the Sonya Massey Act, a proposed comprehensive national database of incidents of misconduct by police officers, such as DUIs and excessive force.
“Sean Grayson was a ticking time bomb,” Romanucci said in a press conference in August. “The SAFE-T Act failed to stop the ticking until former deputy Sean Grayson exploded and a life was needlessly lost. The Sonya Massey Act would stop the ticking, it would stop the explosion and save lives.”
The Sonya Massey Act would also mandate a waiting period for hiring officers to vet the “red flags” in offending officers properly.
After much public outcry, Sangamon County Sheriff Jack Campbell, who was criticized for ignoring “red flags” and hiring Grayson, stepped down from his post, which Crump and Massey’s family considered a step in the right direction.
In response to Massey’s death, Illinois Senate President Don Harmon defended the SAFE-T Act but said in July he would consider the ideas of Romanucci and Crump.
“Sonya’s family has shown incredible resilience in their pursuit of justice for her senseless killing,” a statement by Crump read. “This decision affirms their efforts and underscores the importance of addressing police violence and holding those responsible fully accountable. We will continue to fight alongside the Massey family to ensure that justice is served.”
