A mistrial was declared this week in the case of Sheldon “Timothy” Herrington Jr., whom prosecutors accuse of luring University of Mississippi student Jay Lee before murdering the victim following an alleged sexual encounter between the two.
Jurors at the Lafayette County Courthouse in Mississippi could not reach a verdict in the case after more than nine hours of deliberation on Wednesday, Dec. 11, the Associated Press reported.
The jurors heard eight days of arguments and testimony and were twice instructed to keep seeking a unanimous verdict; on the third deadlock, the judge declared a mistrial, noting, “I’ve asked a lot of you,” per AP.
Herrington, 24, is charged with capital murder in the 2022 disappearance of Lee. Prosecutors are not seeking the death penalty but Herrington, who is free on bond, could still face life in prison if ultimately convicted, the AP reports. A new trial date has not yet been set.
Lee was a well known 20-year-old student who was a prominent member of Ole Miss’ LGBTQ+ community; the victim disappeared in July 2022. Lee’s body has never been found, but the victim was legally declared dead by a judge.
Prosecutors believe that Herrington and Lee had a sexual encounter that ended badly prior to Lee’s death. Following this, they allege, Herrington messaged Lee and invited the victim back to his apartment, where prosecutors say the killing took place.
Relatives of Jimmie “Jay” Lee watch proceedings in court in Oxford, Miss.
Antonella Rescigno/The Daily Mississippian via AP
Investigators say they found explicit messages exchanged between the two after executing a search warrant, as well as a search history on Herrington’s device that included a query on how long it takes to strangle someone.
Herrington was not openly gay, and prosecutors argue he killed Lee to protect his secret from the people in his life.
“He had to protect that lie. And what did he do to protect that lie, he had to get rid of Jay Lee and that’s what he did,” Lafayette County District Attorney Ben Creekmore told the court, according to the Clarion Ledger.
Lee’s final text message appeared to have been sent to Herrington from near the suspect’s apartment, Oxford, Miss., police chief Jeff McCutchen said, according to AP. Lee’s car was later found abandoned in a parking lot, where security cameras captured him leaving that morning.
Herrington’s attorney, Kevin Horan, contended that jurors couldn’t convict his client without a body present, AP reported. He also argued that leads on other persons of interest were not exhausted, per the Clarion Ledger.
