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Sontae Massey, left, a cousin of the late Sonya Massey, and Springfield community activist and Massey family friend Teresa Haley consider questions from the news media after an Oct. 2 pretrial hearing on preparations for the trial of former Sangamon County sheriff's deputy Sean Grayson, who is charged with first-degree murder in Sonya Massey's death. Grayson is scheduled to go on trial Oct. 20. Credit: PHOTO BY DEAN OLSEN

Yes, it may all come down to the video.

But how the 12 members of Sean Grayson’s upcoming jury interpret police body-worn footage from that fateful day, and how they weigh the views of experts on proper police conduct, will determine Grayson’s fate 15 months after the death of Sonya Massey in her Woodside Township home.

The trial of Grayson, 31, a Riverton resident and former Sangamon County sheriff’s deputy charged with first-degree murder, aggravated battery with a firearm and official misconduct, is scheduled to begin Oct. 20.

The location of the trial was moved to Peoria County at the request of Grayson’s lawyers, who cited extensive pretrial publicity that they said would make selection of an impartial jury impossible.

Jurors will be selected from Peoria County residents. But the same local Sangamon County Circuit Court judge who has handled the case thus far, Ryan Cadagin, will preside during the trial, which is expected to last up to two weeks. And the defense attorneys and prosecutors – all from Sangamon County – will make the trip to Peoria, as well.

The death of Massey has received international media attention because of the jarring video footage and racial overtones. Massey, a Black woman who struggled with mental illness, was shot by a white police officer. Her killing is now mentioned in the same breath with other high-profile deaths of Black people at the hands of police in America, including George Floyd, Michael Brown, Breonna Taylor and Laquan McDonald.

Sangamon County State’s Attorney John Milhiser and First Assistant State’s Attorney Mary Rodgers have said in court and in documents Grayson was unjustified in his use of deadly force when he shot Massey in the head.

Grayson, who has pleaded not guilty and is represented by attorneys Dan Fultz and Mark Wykoff, contended he was acting in self-defense, fearing being scalded by a pot of hot water Massey had removed from her stove.

Prosecutors said in a court document that the early morning confrontation began after deputies entered Massey’s home to gather more information about the prowler, who was never found. 

“Defendant noticed a pot on the stove, and approved of Ms. Massey removing the pot to prevent any accidental fires,” the prosecutors wrote. “The pot was located in another room of the home, separated by a large counter.”

Grayson made a comment that he was worried about the pot, which apparently contained hot water, and Massey could be heard on the video responding, “I rebuke you in the name of Jesus.” She then set the pot of water down on a counter in the kitchen, with Grayson still in the living room area of the home.

“Despite his distance and relative cover,” prosecutors wrote, Grayson “drew his 9mm firearm, not the less-than-lethal Taser located on his duty vest and threatened to shoot Ms. Massey in the face. Seeing the drawn weapon, Ms. Massey put her hands in the air and stated, ‘I’m sorry,’ while ducking for cover behind the counter that separated her and the defendant.

“Defendant, with his weapon still drawn, proceeded to close the significant gap between him and Ms. Massey,” prosecutors wrote. “Defendant then aggressively yelled at Ms. Massey to put the weapon down. Defendant then fired his duty weapon three times in the direction of Ms. Massey, striking her in the face one time.”

Citing an Illinois State Police expert’s report, prosecutors said Grayson created a scenario similar to “an officer intentionally and unnecessarily putting himself in front of a moving vehicle and then justifying the use of force because of fear of being struck.”

It’s not in dispute that Grayson killed Massey, or that he made disparaging remarks about her after the shooting. 

Grayson’s defense team is expected to argue, however, that Massey was the initial aggressor with the pot of water, and this point could be the key to whether jurors convict Grayson of first-degree murder or a lesser offense, or whether they find him not guilty.

To back up their argument, Fultz and Wykoff cited ISP’s “self-purported subject-matter expert” regarding use of force.

Court documents describing the interaction between Grayson and Massey regarding the pot of water say some parts aren’t entirely visible in the body camera videos. But defense attorneys said the ISP expert’s report is helpful to Grayson’s case.

The report said Massey “flinched, let go of the pot, then crouched below the line of the cabinets.” Grayson continued to instruct Massey to drop the pot as he approached Massey, with his gun still pointed in her direction, according to the report.

Massey then “quickly stood up and grabbed the pot,” the report said. “As (defendant) continued to instruct (Massey) to drop the pot and approach the cabinets, (she) threw the steaming hot water from the pot. While (Massey) was throwing the water, (defendant) fired his weapon in the direction of (Massey). The water appeared to strike a chair next to the cabinets.”

In the bodycam footage, which has gone viral, it’s not obvious to the lay observer that water leaves the pot before the shooting, which is why frame-by-frame analysis of the unredacted footage could be crucial during the trial.

Grayson’s attorneys wouldn’t say whether he plans to testify in his defense during the trial. If Grayson does testify, he would have to submit to cross-examination by prosecutors.

After an Oct. 2 pretrial hearing on the case, community activist and Massey family friend Teresa Haley, 60, told the news media that Massey supporters and the family hope jurors use their own experiences to weigh the bodycam video.

“You can watch the video,” Haley said. “A blind person can see that she didn’t throw the pot.”

Standing next to Haley, Springfield resident Sontae Massey, 54, a cousin of Sonya Massey, said, “It’s painfully obvious to me that she did not throw a pot of hot water. She was trying to deescalate the situation, and she paid with her life.”

Recounting Grayson’s profanity-laced statement to Sonya Massey immediately before the shooting, Sontae Massey said, “I know that he said that he was going to shoot her in the face, and he shot her in the face.”

Sontae Massey said it’s been “an exhaustive year” for the Massey family. “I think we’re in pain. … We’re hoping for justice. We’re hoping that God answers our prayers.”

Haley said she and the Massey family are hoping Grayson is convicted “and never gets out of jail.”

Potential prison time

If convicted on the first-degree murder and aggravated battery charges, Grayson would be sentenced to between 45 years and life in prison. He would have to serve 100% of any time imposed in a sentence.

Depending on instructions given by the judge before deliberations by the jury, jurors could instead opt to find Grayson guilty of second-degree murder. That crime involves intentionally killing someone with the mistaken belief that the killing would be legally justified.

The potential penalty for second-degree murder is between four and 20 years in prison, with the potential for a 50% reduction in time served for good behavior.

If given the option, the jury also could decide to convict Grayson of involuntary manslaughter, which involves a reckless act by someone without the intent to kill. It is punishable by up to two to five years in prison. Conviction for that crime carries a potential 50% reduction in time served for good behavior.

Both second-degree murder and involuntary manslaughter come with the option of probation instead of any prison sentence. 

Peoria rally planned for first day of trial

A Justice for Sonya Massey Rally is planned outside the Peoria County Courthouse in Peoria on Oct. 20, the first day of Sean Grayson’s murder trial.

Donna Massey (center), the mother of Sonya Massey, looks down as she holds a sign during a two-hour rally July 12, 2024, in front of the Sangamon County Courthouse in Springfield. Credit: PHOTO BY 1221 PHOTOGRAPHY

The rally, which organizer Chama St. Louis-Boone said will be peaceful and is designed to “support the Massey family” and call for “accountability of police,” will take place from 9 a.m. to 5 p.m. on a blocked-off section of Main Street between Adams and Jefferson streets.

Sontae Massey, a cousin of the late Sonya Massey, said, “Peoria is set to be ground-zero, for lack of a better term, as to what we will accept in regard to how policing and police killings are judged from this moment on.”

Selection of a jury in the trial of Riverton resident Sean Grayson, a former Sangamon County sheriff’s deputy charged with first-degree murder in Massey’s July 2024 death, is scheduled to begin Oct. 20 in Peoria County Circuit Court. Opening arguments in the case could take place Oct. 22, and seating for the public in the courtroom is expected to be limited. The trial could last up to two weeks.

St. Louis-Boone, a Peoria resident who leads Peorians for Justice for Sonya Massey, said there will be plenty of space at the rally and portable restrooms available. 

Rally speakers are expected to include Sontae Massey; Tiara Standage, executive director of Intricate Minds and president of The PURPLE Coalition in Springfield; Brian Mendis from the Chicago-based Open Police Archives Campaign; Demario Boone, director of public safety for Peoria Public Schools; and several relatives of people who died at the hands of police in Peoria and Chicago.

St. Louis-Boone said she operates the Peoria group on a volunteer basis while she works her paid job as organizing director for the nonprofit National Black Worker Center, which advocates on behalf of Black low-wage workers.

St. Louis-Boone said the rally is designed to direct frustrations surrounding Massey’s death in a positive and peaceful direction.

“We know that this incident really reached a lot of people,” St. Louis-Boone said. “The world will definitely be watching.” 

Dean Olsen is a senior staff writer for Illinois Times. He can be reached at: dolsen@illinoistimes.com, 217-679-7810 or @DeanOlsenIT.

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3 Comments

  1. It’s interesting that the activists are still so adamant that Miss Massey did not try to throw the pot of water. The prosecution won’t even attempt to make that argument.

    It’s impossible to see it when watching the video at normal speed, but when you watch the video frame-by-frame, you see Miss Massey spring up from the floor and grab the pot before the first shot is fired. You can easily find such a video by searching YouTube for “Sonya Massey slow motion”.

    The prosecution is going to make the argument that Grayson is guilty because he could have easily avoided the whole scenario by retreating backwards instead of pressing forward. I think it’s a pretty compelling argument, and will result in Grayson being found guilty of a lesser-included charge at a minimum.

    I think a jury could find involuntary manslaughter even if they accept that Miss Massey was indeed trying to throw the pot of water. However, this finding would make the activists very upset, because an involuntary manslaughter conviction will result in Grayson being released pretty quickly due to already having spent more than a year in custody.

  2. It’s like asking a version of ChatGPT that is thousands or millions of years more advanced than us to study a human being’s brain and psyche by performing various experiments, including a role play of characters with different voices.
    Many people don’t realize the cognitive and neurophysiological aspect of the experiment, although some voice-hearers report transient cognitive impairments and TIs often report feeling “drugged” or experiencing head sensations that they attribute to “direct energy weapons”.

  3. He’s grossly over-charged for political reasons; Milhiser appeasing the mob. It’s manslaughter at most.

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