(The Center Square) – Family and supporters of Sonya Massey are urging the courts to keep her accused killer behind bars pending trial. Some are calling for changes to Illinois’ law that ended cash bail.
Massey was shot and killed in her home July 6 after Sangamon County sheriff’s deputies responded to a call about a prowler. Sean Grayson, who was later fired from the sheriff’s department, is seen on body camera firing three shots at Massey, who was unarmed.
Grayson pleaded not guilty to three counts of first degree murder, aggravated battery with a firearm, and official misconduct. He was ordered held pretrial, but an appeals court ruled for a hearing on pretrial release.
“The appellate court reversed the trial court’s pretrial detention order and remanded for a hearing on conditions of pretrial release because the State failed to introduce clear and convincing evidence that no combination of conditions would mitigate any danger defendant posed to the community,” the Illinois Appeals Court Fourth District said in their ruling Nov. 27. “[T]his severe restriction on the defendant’s liberty must be justified not by the government’s interest in punishing crime but by its interest in preventing crime by individuals the State can prove are dangerous,”
The appeals court further said the state’s Pretrial Fairness Act prescribes “for the State to file a verified petition for a denial of pretrial release on the basis of either dangerousness or flight risk. In this case, the State has not alleged that defendant poses a flight risk …”
A hearing in the case for the “least restrictive conditions of the defendant’s pretrial release” is scheduled for Jan. 2. Massey’s family is looking for the Illinois Supreme Court to intervene.
During a rally at the statehouse Thursday, Massey’s father James Wilburn said he won’t rest making sure Grayson stays behind bars. He said the state’s no-cash bail system is meant for low level offenders and is being abused by the appeals court.
“That wasn’t for … This guy has been charged with three counts of murder and two more felonies,” Wilbur said. “I think this is a bastardization of the SAFE-T Act.”
Calvin Christian, a member of the Massey Commission looking to recommend changes, urged the Illinois Supreme Court to keep Grayson behind bars.
“The Illinois Supreme Court, step in. Step in now. Don’t let it wait. Step in now,” Christian said.
It’s unclear if and when the Illinois Supreme Court will rule on the issue of pretrial detention.
Community activist Terresa Haley said there are changes that may need to be made to the state’s Pretrial Fairness Act that ended cash bail statewide.
“So we’re asking our legislators to revisit it to say that if someone is charged with murder, double murder, to keep them in jail,” Haley said.
The Pretrial Fairness act was approved with the Safety, Accountability, Fairness and Equity-Today Act in early January 2021. Implementation of the end of cash bail was delayed after state’s attorneys sued to block the law. The Illinois Supreme Court ruled last year the law would take effect.
Legislators return after the new year.
