SPRINGFIELD, Ill. (WAND) - A former Sangamon County deputy charged with the shooting death of Sonya Massey will be getting out of jail ahead of his trial. 

An Illinois appellate court ruled Sean Grayson should receive a pre-trial release hearing. This, after the court found a circuit court's ruling from July that Grayson should be detained was improper. 

Grayson will not be released from jail Monday. 

The judge will set the “least restrictive conditions” for his release on Friday.

The state's attorney is appealing the pre-trial release to the Illinois State Supreme Court. 

Grayson's attorney said they are confident the Supreme Court will dismiss the appeal. 

The next status hearing is set for Jan. 13. 

Massey's family spoke with WAND News following Monday's decision. Massey's father James Wilburn said, "We're going to get justice for my daughter, whatever it takes... When my daughter can get up and walk out of that cemetery, then he can get out of jail." 

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