Peoria, IL (CAPITOL CITY NOW) – This will be the live blog for day five of the Sean Grayson murder trial.  Grayson, a former Sangamon County Sheriffs Deputy, is charged with murder for the death of Sonya Massey in July, 2024.  Grayson has pleaded not guilty and has claimed self defense.

WTAX and CapitolCityNow’s Will Stevenson is covering the trial at the Peoria County Courthouse, moved there from Springfield due to pre-trial publicity.

This story will be updated throughout day five of the trial. Click “refresh” on your browser to see the latest entries.  A new post will be created every day during the trial. (Some post times may be approximate.) Some of these entries may contain typographical errors that will be fixed as time allows.

Some of the language below may be coarse, and some descriptions may be disturbing.

11:22am: The tactics by Grayson were not professionally appropriate, and those tactics led to Massey being shot. That wasn’t at all professionally appropriate, Stoughton said.

Breaking for lunch until 1pm.

11:19am: 10-96 was mentioned a number of times, in this case referencing “mentally ill.”

A shorter version of the video is played, starting after both deputies entered the house and prior to shots fired.

From where Massey says “I rebuke you in the name of Jesus,” at that point, Farley moves away, says he’s moving away from the water. She’s holding the pot, and from Farley’s camera, you can see Grayson move for his gun. No changed behavior by Massey. Hands come off the pot, she says “sorry.” She crouches down, Grayson moves toward her as Farley pulls his own gun. Massey’s hands come up again. Grayson moves in front of Farley. She reacquires the pot, movement, and shots fired, almost at the same time.

The approach by Grayson is not an appropriate tactic. There is risk involved here. Appropriate response would be to mitigate risk.

11:01am: Grayson used threat of force by saying “I’ll shoot you in the fucking face,” and Grayson is starting to move foreward. At one point Massey apologies but eventually raises the pot again, and shots are fired.

Most important point there is Grayson moving forward and closing distance, increasing opportunity. Grayson moving in front of Deputy Farley is “tactically unsound.”

Members of Massey family leave courtroom as body camera video is played.

10:58am: Stoughton says interaction at the front door should have been used to calibrate what was happening and some potential mental health issues.

Context of interaction where Grayson enters the door important. Indications Massey wasn’t fully processing the situation, as she was on the phone with 911 as deputies were talking to her.

More indications throughout the video that Massey wasn’t acting like she had her full mental faculties, adding to evidence of generally-accepted practices regarding mental health. Deputy Farley created distance to manage risk, including when Massey went to kitchen to address pot of water. Farley moves away. Applying that concept, Massey does have ability to use pot as a weapon. There’s no apparent intent, though. Farley said why he moves away.

Grayson’s body-worn camera wasn’t started until 12 minutes after Farley did, and as he said he would shoot her if he was hit with boiling water. Massey said things that didn’t entirely make sense, and given distance, while there is ability to use the pot, Farley tried to create lack of opportunity or intent. What tactics are appropriate to manage risk?

10:40am: Two versions made: longer and shorter versions of videos, were made and synchronized. Shorter video is now played for the jury.

10:37am: Reviewed Massey case. Wrote a report indicating opinions. “Tactically unsound, professionally inappropriate…contributed to the shooting of Ms. Massey.”

Tactically unsound actions included pulling his gun. Given the context of interaction with Massey, the tactical benefits are very limited. “Increases the possibility of a bad outcome.” Threatening to shoot Massey in the face also “tactically unsound.” Approaching her also unsound. Remain stable or reposition instead of approaching Massey. Cuts in front of his partner is “very tactically unsound.” You expose yourself to crossfire when that happens, obscures officer’s inability to see.

Another opinion: “Could not perceive Massey as a threat” until after he draws his firearm. An officer would be professionally in appropriate to use a pot of water as a weapon, but not much of an opportunity to do so. While there is risk, the way to diffuse the risk is professionally-appropriate tactics. Plenty of situations where officers are put in harm’s way. But, tactical costs can outweigh ethics. She took her pot off the stove, put it on the counter, and apologizes.

Once Grayson gets close to Massey and draws gun and gives commands, and after she apologizes, Massey grabbing the pot again, an officer could say she had the ability to cause harm.

Says you have to look at more than just that one moment in time. If you back out, and look at situation in totality of circumstances, tactical problems were there. Look at the actions of both sides, not just one, leading up to use of force.

Body-worn cameras of both officers were synchronized as part of Stoughton’s review.

10:20am: (after a recess) Stoughton says changes in police standards were made staring in the 1970’s after a large amount of police shootings/killings. Says it came to the conclusion about tactics and changes in them were needed.

9:50am: After a lengthy discussion outside the presence of the jury, the objection has overruled. Judge Ryan Cadigan cites previous orders on the matter. Says the professor’s testimony can be “helpful” to the jury. Any confusion can be cleared up in direct or cross-examination.

9:31am: Attorney Dan Fultz objects to Stoughton’s testimony. “He has no idea whether or not Mr. Grayson was even trained” because he did not review SCSO policies, said Fultz. SA John Milhiser says we never said he was an expert on policies, but generally-accepted police practices. Fultz believes the jury will be confused by the testimony.

9:24am: Questions he looked at, whether actions were consistent with generally accepted practices, and tactics that resulted in Massey to be shooting. Tactics, decisions, approaches, balance public safety and officer safety.

9:21am: Was asked to review the Massey case. Watched body-worn camera videos, reviewed police reports, Illinois State Police interviews, etc., either printed reports or audio interviews. He did not review Sangamon County policies. He’s not looking for best practices, but what would a professionally competent officer think in this situation? What would he do, based on what officers are actually doing. A number of sources for generally-accepted practices and principles.

9:12am: Also a former Tallahassee police officer.

9:06am: Stoughton also deals with critical incident and use of force review. Trains other police agencies around the country.  Also teaches criminal law, criminal procedure (4th and 5th Amendments), and policy classes, among others. Studies policing aspects including regulation. Written a number of articles in law reviews and criminology journals, etc.

9:02am: The jury is seated, and our first witness of the day is Seth Stoughton, professor at the University of South Carolina, a law professor. He’s also faculty director for the “Excellence in Public Safety and Police” program. Provides training and professional development to officers and police executives.