An Illinois appellate court ruled Wednesday that a former deputy sheriff charged with the death of Sonya Massey, a 36-year-old Black woman shot in her home after she called police for help, should be released from jail pending his first-degree murder trial.

The 4th District Appellate Court’s unanimous decision found that a circuit court ruling in July that Sean Grayson should be detained was improper. It said prosecutors failed to supply sufficient evidence that there were no conditions the court could set that would lessen the danger Grayson posed to the community.

The case has drawn national attention as another example of police shooting Black people in their homes. Such are the tensions over the case that it was little surprise when Circuit Judge Ryan Cadagin ordered Grayson held, finding his actions were a “departure from the expectations of civil society.”

The case forced the premature retirement of Sangamon County Sheriff Jack Campbell, who hired Grayson, and prompted a Justice Department investigation.

In his opinion for the court, Justice Eugene Doherty found fault with prosecutors for basing their arguments against release on Grayson’s failures to meet expectations during the shooting.

“When the question before the court is whether defendant can be safely released prior to trial on appropriate conditions, it is inappropriate to dwell on whether he fell short of the high expectations society rightly has for its law enforcement officers,” Doherty wrote. “A defendant’s conduct may be reprehensible and deserving of punishment, but that is an inappropriate basis for imposing pretrial detention.”

The opinion ordered a court hearing for Grayson at which suitable conditions for his release be set.

Grayson’s next court hearing is scheduled for Monday. It’s unlikely he will be released immediately. There are actions the state can take, including appealing the appellate court’s ruling.