Sean Grayson, former deputy charged with murder of Sonya Massey, fights for preliminary release – WEIS

(SPRINGFIELD, Ill.) – The legal team for Sean Grayson, the former deputy sheriff accused of fatally shooting Illinois mother Sonya Massey in her home, told the court Monday during his first pretrial hearing that they filed an appeal last week with the Illinois State Court of Appeals after a lower court decided to deny Grayson's pretrial release, according to Grayson's attorney.

Grayson was charged with first-degree murder, aggravated assault with a firearm and abuse of authority in connection with Massey's death after she called 911 to report a burglar. He has pleaded not guilty and remains in custody.

A review by the Illinois State Police determined that Grayson's use of deadly force was not justified. He was fired from his position with the Sangamon County Sheriff's Office on July 17, the same day the charges against him were filed.

Grayson's defense attorneys have twice requested his release before trial. In their latest motion, the team argued in a motion filed earlier this month that he is currently undergoing cancer treatment and will not receive adequate care at the Menyard County Jail, where Grayson is currently being held. They also stated that he poses no threat to Massey's family.

According to the district court, Judge Ryan Cadagin denied the motions on July 18 and August 9.

“Mr. Grayson will be treated no differently than any other defendant who enters the courthouse this morning or is in custody, even if he is incarcerated for a crime,” Mark Wykoff, Grayson's attorney, told reporters in district court after the hearing.

Wykoff said it could take up to three to four months for the appeals court to issue a decision. If the appeals court allows the appeal, the defense can ask the Illinois Supreme Court to review the appeals court's decision, according to the Illinois Courts website.

At Monday's hearing, the defense requested more time for discovery – the exchange of information between the prosecution and defense about witnesses and evidence they will present at trial, according to the court. Cadagin granted their request and ordered a status hearing for Oct. 21.

Grayson's position in Sangamon County was one of six different police positions he has held over the past four years.

Before joining Sangamon, Grayson worked for the Logan County Sheriff's Office for just under a year. According to audio files obtained by ABC News, Grayson's boss at the time, Logan County Chief Deputy Nathan Miller, raised concerns that Grayson had violated department policy and filed false reports when discussing his mismanagement of a traffic case.

Sangamon County Sheriff Jack Campbell, who announced his retirement in late August in connection with Grayson's hiring, previously told ABC News that Sangamon County was unaware of the incident when it hired Grayson. Campbell said that without knowledge of his disciplinary problems in Logan County, there were no warning signs with Grayson.

“Some people would rather see our community divided and in turmoil than allow me to continue serving as sheriff,” he said. “The health of myself and my family, the sheriff's office and our community must be my priority.”

Before becoming a police officer, Grayson was discharged from the U.S. Army for unspecified “misconduct (serious offense),” according to documents obtained by ABC News.

ABC News also learned that Grayson was charged with drunken driving twice in Macoupin County, Illinois, in August 2015 and July 2016, according to court records.

Grayson, 30, and a second, unnamed deputy responded to Massey's 911 call on July 6 reporting a possible intruder at her Springfield home.

Body camera footage shows the unarmed Massey telling the two officers who responded to her, “Please don't hurt me,” as she answered a knock on her door. Grayson responded, “I don't want to hurt you, you called us.”

Later in the video, while looking for her ID in Massey's house, Grayson points to a pot of boiling water on her stove and says, “We don't need a fire while we're in here.”

Massey then pours the water into the sink and tells the deputy, “I rebuke you in the name of Jesus.”

Grayson then yells at Massey and threatens to shoot her, the video shows. Massey apologizes and ducks behind a counter, covering her face with what appears to be a red oven mitt. She briefly stands up, at which point Grayson shoots her three times in the face, the footage shows.

Grayson said he feared for his life during his encounter with Massey, according to documents released in August by the Sangamon County Sheriff's Office.

“While on scene, I feared that Dep. (redacted) and I would suffer serious physical injury or death. Fearing for our safety and lives, I fired my service weapon,” Grayson wrote in his incident report.

The Menard County Sheriff's Office said in a statement that Grayson “receives no preferential treatment nor does he enjoy any privileges or benefits not available to other inmates of the Menard County Jail.”

Meredith Deliso of ABC News contributed to this report.

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