Peoria, IL (CAPITOL CITY NOW) – After about seven hours of deliberations Tuesday, there is no verdict yet in the trial of Sean Grayson.  He’s the now-former Sangamon County Sheriff’s Deputy who shot and killed Sonya Massey while on the job last year, during a call at Massey’s Hoover Avenue Home.

During the course of deliberations which started at 11:38 a.m., the jury sent two questions to Judge Ryan Cadigan:  a request to see body camera video and the department’s Use of Force Policy, among other documents, and whether two separate jury instructions regarding definitions for “use of force,” were one document, or two separate instructions.

“They’re two separate instructions. The second page is not a continuation of the first page,” Cadigan ultimately agreed to write back to the jury.  It’s believed one of the two jury instructions was given to them in error.  It was decided to not withdraw that instruction entirely, so as not to further confuse the jury of nine women and three men.

The jury, which has a copy of their deliberation instructions in their room with them, will resume at 9 a.m. Wednesday, after a “pause” agreed to by all parties.

Prosecution closing argument

Mary Beth Rodgers, Sangamon County First Assistant State’s Attorney, gave her side’s closing argument.

“The evidence shows the defendant killed Sonya Massey,” said Rodgers.  “When you threaten to shoot someone in the face, someone who has done nothing to you…that’s first degree murder.”

Rodgers argued that there was no “legal” reason for Grayson to enter Massey’s kitchen and shoot her.  She said when he recounted the events of that fateful night on the witness stand, virtually none of it was true.  Grayson and Deputy Dawson Farley did not enter the home together, to start. Grayson claimed he heard multiple voices coming from inside the home, but Rodgers says he didn’t.  He said he thought Massey was intoxicated.  While a toxicology exam of Massey after the death turned up a prescription drug and an ingredient in marijuana, Rodgers says Grayson only said that because he read the toxicology report.  Rodgers said Grayson claimed Massey walked toward him with the pot, which also wasn’t true.

Rodgers said the claim Grayson wanted to arrest Massey was something everyone heard “for the first time ever” in his testimony on Monday.

“The biggest lie he’s been telling,” Rogers claimed, was that there was nothing else he could do to diffuse the situation with Massey, as backed up by two “paid witnesses.”  She claims those witnesses said, essentially,  “Following the rules doesn’t matter…and murder was deescalation.”  Rodgers says there were plenty of things as lined out in Sangamon County Critical Response Training and its Use of Force policy he could have done.  “He knew she wasn’t dangerous.  He knew he wasn’t arresting her,” said Rodgers.

Rodgers also addressed what she said was Grayson claiming he was “scared” when he shot Massey.  While Grayson testified he was more concerned than anything, Rodgers claimed Grayson’s anger grew that night.  While Grayson said he thought Massey may be a threat, “Sonya didn’t threaten him. At no point in time did she do anything to make him scared,” said Rogers.

Rodgers also pointed out the times that Massey complied with Grayson’s orders, and even said “I’m sorry.”

All in all, Rodgers said Sangamon County has many great law enforcement officers, but what people don’t expect them to do is “create dangerous situations” in everything done, like in the case of Grayson, she claimed.

Defense closing argument

Dan Fultz, defense attorney, said he couldn’t imagine what Massey’s family is going through.

“What happened to Sonya Massey was a tragedy, but it was not a crime, said Fultz. “We all feel sad for the Massey family.”  Fultz then said something similar to that he urged the jury to think about during opening statements:  “Don’t let emotions dictate the outcome.”

Fultz responded to Rodgers’ accusations about his side’s expert witnesses, saying that the prosecution’s witnesses were paid, too — which tends to be how you get expert witnesses to do work for you.  He said he would put his experts’ combine seven decades of police experts, versus a law professor who spent only five years as a cop before going to law school.  Fultz also questioned the witness’ referencing his own published book on the matter, despite the witness made it clear the book itself referenced other experts and professionals.

As for Grayson’s behavior, Fultz said jurors may not like his bedside manner, but that doesn’t matter.  What matters, said Fultz, is a total of 29 seconds when Massey got up, rushed to her kitchen, and got a pot of boiling water.  Look at how Grayson saw it that night, said Grayson.

Fultz also questioned Illinois State Police handling of the investigation, calling it “almost inexcusable” that not all the evidence was collected from the scene the first time.  Fultz also questioned Farley’s handling of the situation — again calling into question Farley’s rejection of a chance to change his story from what was in his report the first time, only doing so when he thought he could be charged with Massey’s murder, too.

“Deputy Farley lied,” said Fultz.

The Sangamon County Coroner’s forensic pathologist was next for criticism, with Fultz calling it the only job he’s really ever had, and that doctor has never dealt with a live patient. In reference to testimony and Rodgers’ argument that it’s believed there was a chance Massey could have survived had treatment not started sooner, Fultz said the pathologist couldn’t even prove it.

“The sad truth is Miss Massey was never going to survive this incident,” said Fultz.  “She escalated the situation,” he said, later.

“The only option that was available was to discharge his duty weapon,” said Fultz.

Rebuttal argument

Sangamon County State’s Attorney John Milhiser gave the rebuttal argument for the state.

Sonya Massey’s death was “senseless and avoidable,” said Milhiser, saying that while some sides may say Grayson didn’t really violate anything, memos from the Sangamon County Sheriffs Department prove otherwise.  He claims Grayson’s actions before and after the shooting speak to intent and motive.  He says threats to shoot Massey in the face by Grayson are not a part of any policy or procedure.  “He follows no training, zero training,” said Milhiser.

The State’s Attorney also reaffirms Massey had a chance of survival after if treatment was administered sooner, but Grayson didn’t want that, at one point telling Farley his medical kit wasn’t needed, and after getting his own, saying he wasn’t going to waste it.

Milhiser also played Farley’s body camera video once again, stopping at several points, including one where Grayson said after the shooting, “This f***ing b***h is crazy.”

He encouraged the jury to not consider a Second Degree Murder conviction.  “These were not the reactions of a scared young officer,” Milhiser said, calling Grayson a “bully.”

In other news…

Nationally-known attorney Benjamin Crump was in court for Tuesday’s proceedings, and has been with the Massey family a number of times since last year.  He is expected to hold a news conference with the Massey outside the Peoria County Courthouse after a verdict is reached, and after any remarks Milhiser may make.  It will be streamed live on Capitol City Now’s Facebook page when it happens.

The two alternate jurors, numbers 14 and 15, have been formally dismissed, but could be recalled if something else happened.  As it turns out, since it was never clear which of jury members were actually alternates, and never actually sat near each other, that left the actual jurors at being nine women and three men.  We erroneously reported that it was eight and four.

More reporters were in the courtroom Tuesday, including Chicago and some network reporters who otherwise only showed up for the first day last week.

Following along with our live blog Wednesday at CapitolCityNow.com, along with our Facebook page, and listen to Newstalk 93.9 and AM 1240 WTAX.  We’ll have the verdict as soon as it’s reached.