The TRUTH About the Sonya Massey Shooting – from an ACTUAL lawyer who litigates police shootings

Here’s my complete breakdown of the important parts of the Sonya Massey shooting, utilizing indisputable screenshots from the bodycam footage of both deputies. There’s been a lot of confusion, as well as misinformation about both the facts and the law surrounding this incident. We can have differing opinions as to conclusions, but nobody is entitled to make up facts. These are all provable facts. Comparing these facts to Illinois self defense law, former-deputy Grayson faces an uphill challenge in his murder case.

Self defense in Illinois can be asserted as an affirmative defense by someone who uses force against a police officer under certain circumstances:

“A person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if he believes that the arrest is unlawful and the arrest in fact is unlawful.” Id. § 7-7.

The Illinois standard for police use of force:

The peace officer’s use of force when making an arrest is governed by section 7-5, which provides, among other things:

“[A peace officer] is justified in the use of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to effect the arrest and of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to defend himself or another from bodily harm while making the arrest.” Id. § 7-5(a)….

“The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time of the decision, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.” Id. § 7-5(f)….

If the officer’s use of force is not justified under section 7-5, then it is considered excessive, and section 7-7 no longer applies to the arrest. People v. Bailey, 108 Ill.App.3d 392, 398 (1982).

After the officer uses excessive, unlawful force-but not before (see People v. Haynes, 408 Ill.App.3d 684, 691 (2011))-the arrestee’s own use of force is instead governed by section 7-1(a), the general self-defense statute, which states, “[a] person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” 720 ILCS 5/7-1(a) (West 2022). Section 7-1 is limited in turn by section 7-4, which provides that a person’s use of force is generally not justified if he is the aggressor, except in certain specific circumstances. Id. § 7-4.

Therefore, the use of excessive force by a police officer in Illinois invokes the arrestee’s right of self defense, just like any other situation where someone is using unlawful force. A jury assessing this would consider the following factors:

“In order to instruct the jury on self- defense, the defendant must establish some evidence of each of the following elements: (1) force is threatened against a person; (2) the person threatened is not the aggressor; (3) the danger of harm was imminent; (4) the threatened force was unlawful; (5) he actually and subjectively believed a danger existed which required the use of the force applied; and (6) his beliefs were objectively reasonable.” People v. Jeffries, 164 Ill.2d 104, 127-28 (1995).

Here’s the general Illinois self defense law that applies when police officers use excessive force and lose the protections of Illinois law authorizing police use of force:

“A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” 720 ILCS 5/7-1 (West 2002).

But, self defense is not available as an affirmative defense to an assailant who:

(c) [I]nitially provokes the use of force against himself, unless:

(1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.” 720 ILCS 5/7-4(c) (West 2002).

Here, former-deputy Grayson is forced to assert the Illinois general self defense statute, which prohibits him from doing so, if he was the initial aggressor. Or, I suppose he could contest the application of the police use of force statute by arguing that he did not use excessive force. Either way, he faces some difficult legal hurdles.

VIDEO: Cop Shoots Innocent Woman Holding a Pot in her Kitchen | FIRED & CHARGED

The bodycam footage was released this afternoon by the Sangamon county Sheriff’s Office, following an investigation by the Illinois State Police that resulted in murder charges being filed against (now former) Deputy Sean P. Grayson. Here’s my initial analysis and breakdown of the footage.

Here’s the uncensored clip of the shooting:

Some cops and pro-police activists on X are claiming that the video shows Sonya Massey “throwing” the pot at the officers. In reality, the conclusion of the Illinois State Police, as well as their police expert is that it only shows Sonya raising her hands while holding the pot. It does not show the pot being thrown. Moreover, the only view available is from the non-shooter officer (who did not fire, presumably because he didn’t feel it reasonable to do so). The shooter had his bodycam off in violation of his department policy, thus we have no footage of his point-of-view.

Here’s the language from the Indictment charging the shooter, mentioned above and in the video:

Cop Attacks Kid in his Driveway Only 5 SECONDS After Saying Hello

A kid (young adult living at home) in St. Croix County, Wisconsin pulled his truck into his driveway, left it running, and walked up to his garage to get some things for a bonfire he was headed to. He stopped at the bottom of the driveway so as not to wake his family inside the house. A deputy with the St. Croix Sheriff’s Department saw the truck and was concerned about the way that it was parked, partially in the road. He parked and approached the truck with his flashlight. He opened the door and began looking inside the truck. Then the kid came outside. Within about 5 seconds of saying hello, the officer assaulted the kid.

Here are the relevant portions of the police report, as discussed in the video:

Here’s the scene:

Off-Duty Cop Threatens Neighbors, Orders False Arrest, Over Escaped Dog | Suspension & Lawsuit

This footage was submitted by the criminal defense attorney involved in this case. This occurred in East Ridge, Tennessee. Kadron Locklin was transporting a disabled client to a home located on a suburban street. Upon arrival, the family’s dog got loose and ran down the street. Kadron assisted the family, finally catching up to the dog and securing it.

In the process, Kadron and two minor children from the home ran across the property of an off-duty police officer named Andrew Carter. Officer Carter exchanged words with Kadron and the children, ordering them off his property. Carter then called his cop buddies to the scene. Upon arrival, they immediately got aggressive and violent with Kadron – even before asking any questions.

Media report here.

Complaint from the lawsuit filed by Kadron Locklin:

City Pays $250,000 for Abusing Elderly Man for Looking at a Police Car

A 70 year old man in Ada County, Idaho was arrested by police officers at a police station, after he dared to look into a police cruiser window. The charges were later dismissed. He filed a lawsuit, which just settled for $250,000, along with mandatory additional training for sheriff’s deputies in that county.

Here’s Sherriff Matt Clifford’s troubling statement, as discussed in the video:

Earlier this week, we settled a lawsuit with Mr. Heikkola, stemming from an incident in January 2023. It wasn’t our best day. It is the expectation that Ada County deputies perform to the best of their abilities every day — while keeping people’s constitutional rights in the forefront of their minds, while also keeping our community safe.

For anyone to claim we are trampling on someone’s constitutional rights simply isn’t true.The reality is, we have hundreds of contacts every day with people of all different backgrounds, religions, ethnicities and socioeconomic standings. While the vast majority of those interactions go well, occasionally we fumble and miss the mark.

Part of the settlement was to include additional constitutional policing training; fortunately, we had already implemented this training prior to the settlement. We will now also include a scenario similar to Mr. Heikkola’s in our scenario-based training. We are one of few law enforcement agencies across the country with routine built-in training time. Every patrol deputy receives 9.5 training hours per month. These blocks of training include topics such as firearms training, scenario-based training, legal updates, EVOC, de-escalation techniques, arrest and control techniques, CPR and first aid, and more.

Part of our culture at the Ada County Sheriff’s Office is to always strive to be better – and learning from this incident will help us to do just that.

– Matt Clifford, Ada County Sheriff

Here’s the full lawsuit:

Cop Resigns (AGAIN) After Barging in Woman’s Home (AGAIN)!

One particular police officer in Kentucky, Larry “Gus” Curtis, has repeatedly resigned while under investigation, subsequently appearing somewhere else. This last time, he was fired, and as far as I know, his current whereabouts are unknown. Prior to resigning from the Frankfort Police Department, he was sued twice for barging into women’s homes without a warrant. In one such case, a Kentucky judge lambasted Curtis for bodycam footage showing him barging into a woman’s home as part of a CPS investigation, even after the woman asked for a warrant.

Media report here.

The lawsuit filed by Ms. Myers:

The lawsuit filed by the other couple that was settled:

“Anabolic” Cop Pulls Man From Car AFTER Stop was Over

This video shows a very recent police interaction that occurred in Barbour County, West Virginia. It shows Barbour County Sheriff’s Deputy Christian Mayle violently pulling a man named Vince out of a car. Vince is a nurse and was on his way to the nursing home where he works. His longtime girlfriend was driving him. They were pulled over on an allegation of the car going “left of center.” The traffic stop actually ended and a warning citation was issued to the girlfriend/driver. But then, suddenly Deputy Mayle ordered both occupants out of the vehicle. When Vince questioned his authority to do so, the officer cited Pennsylvania v. Mimms and quickly lost his temper, macing Vince and pulling him violently from the car.

Days after the incident, as the video was going viral on Facebook, amidst online discussion over his conduct, Deputy Mayle posted this, presumably referring to the incident. It was later deleted.

Here’s the police report:

Fourth Circuit case law sources cited in the video:

United States v. Hill, 852 F.3d 377 (4th Cir. 2017)

United States v. Robinson, 846 F.3d 694 (4th Cir. 2017)

Gang of Cops Bully & Arrest 17-year-old Girl on the Drive Home From School

This footage was documented by The Real News Network in a great video, where they interviewed the family involved. It’s a perfect illustration of these “gangs” of drug task force type cops, who like to wear backward ball caps, cover their bodies with tattoos, and otherwise attempt to NOT look like cops. Often that causes problems when they go to do cop things, like pull people over for traffic stops. This footage shows just one instance of that. Then, when they don’t find what they were looking for, they often resort to lying and fabricating charges.

The Real News Video is here.

Somewhat grainy copy of the actual police report (best I can do, sorry):

Cop with a Personal Grudge BUSTS Into Man’s Home ILLEGALLY – Over Parking Violation!

This shocking footage was released by the Broken Arrow Police Department via their Facebook page. It shows the bodycam video of a police officer who “hates” a citizen named Richard. He really wants to arrest Richard, but all he has on him is a sketchy allegation of a parking violation. Does he just issue a citation and mail it to him, or go get an arrest warrant? No, he busts into Richard’s house illegally and violently arrests him inside his home. This is crazy footage showing one of the worst false arrests I’ve ever seen.

Here’s a screenshot of the Facebook post:

The comments are sort of hilarious though. Apparently everyone hates Richard – especially his neighbors, and they’re willing to overlook the concept of constitutional rights, just to keep Richard in jail for a little while longer.

Cops Run-Over and Kill a 17-year-old (and also a 21-year-old)

In April of this year, cops in Kent County, Michigan ran-over and killed two different people, in two different pursuits, within weeks of each other, one of which has resulted in murder charges being filed against a Michigan State Police officer. That was the incident resulting in the death of Samuel Sterling, age 25. The other incident resulted in the death of 17 year old Riley Doggett. The Prosecuting Attorney of Kent County just announced that he would not be filing any charges against the officer in that case. In both cases, the officers are apparently claiming that they didn’t intend to kill the individuals. So why the difference in criminal prosecution?