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.