Illinois Supreme Court hears arguments on Sean Grayson's pre-trial release

SPRINGFIELD, Ill. (WAND) - The Illinois Supreme Court heard arguments on Wednesday regarding Sean Grayson's pre-trial release.

In January, the high court agreed to take up an appeal by the former sheriff's deputy accused of shooting and killing Sonya Massey. Grayson's attorney has argued the former deputy should be released under the Illinois' Pre-Trial Fairness Act, as they believe he is not a threat to the community.

A brief written to the high court on pre-trial denial argued Grayson poses a real and present threat to public safety that no release conditions could sufficiently mitigate. The Illinois Attorney General's Office pointed to Grayson's "dangerous impulsiveness," citing body-worn camera footage.

Grayson's attorney emphasized that under Illinois law, even individuals charged with serious crimes are presumed eligible for pretrial release.

They believe the 30-year-old did not pose a threat to the community, because he is no longer a law enforcement officer.

"This incident here, while obviously tragic, happened during a unique high-stress situation, that won't happen again," said Deborah Pugh, Grayson's attorney.

Justices raised questions to Grayson's attorney about the former deputy's ability to follow conditions, if he were to be released. Justice Lisa Holder White, Springfield, cited Grayson not having his body camera video on and rolling during his first interactions with Massey.

Justice Mary K. O'Brien asked Grayson's attorney about the 30-year-old's previous DUI convictions.

"The fact that he got 2 DUIs, he complied with supervision but he didn't comply with the 'don't drink and drive,'" O'Brien said.

Whether or not Grayson should be released from jail has seen a ping-pong of legal maneuvers by both prosecutors and defense attorneys.

In December of 2024, the Illinois Supreme Court declined to grant an emergency motion that would have released Grayson. In early December, an Illinois appellate court ruled Grayson should remain in custody until a January hearing. A lower court had initially granted Grayson's release, but that was held up pending other legal challenges.

After Wednesday's hearing, Massey's family met outside the Supreme Courthouse. While they agree with what the Pre-Trial Fairness Acts represents, they believe Grayson isn't someone who should benefit from the law.

"It's not designed for a guy who is charged with 3 counts of murder. That's not what it's designed for," said James Wilburn, father.

Grayson was charged with the murder of Sonya Massey last July. He has pleaded not guilty.

Body-worn camera footage from a 911 call showed Grayson shooting Massey during an exchange over a pot of water in her home. After the shooting, he failed to give Massey medical help.