A judge on Wednesday declared a mistrial in the murder case against Sheldon “Timothy” Herrington Jr., accused of killing Jimmy “Jay” Lee, a gay man who was a prominent figure in the LGBTQ+ community at the University of Mississippi, in 2022. Lee went missing and his body was never found, but a judge declared him dead.
Jurors said they failed to reach a verdict after more than nine and a half hours of deliberation. They had been instructed to find Herrington guilty of capital murder, first-degree murder, second-degree murder or manslaughter by culpable negligence, or find him not guilty, CBS affiliate WREG reported. The judge said another venue might be needed for Herrington’s retrial, according to the station.
Herrington, 24, showed little emotion as he left the courtroom with his lawyers and several relatives. He remains free on bond and still faces charges of capital murder, which Mississippi law defines as murder committed at the same time as another crime — in this case, kidnapping. Prosecutors had said they would not seek the death penalty. He faces life in prison if he is tried again and found guilty.
Jurors were told Wednesday they could also consider lesser charges of first-degree murder, punishable by up to life in prison; second-degree murder, 20 years to life; or manslaughter, up to 20 years.
Circuit Judge Kelly Luther said he would consult with prosecutors and defense attorneys about holding another trial.
Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool
Herrington and Lee were both graduates of the University of Mississippi. Lee, 20, was pursuing a master’s degree. He was known for his creative expression through fashion and makeup and often performed in drag shows in Oxford, according to a support group called Justice for Jay Lee.
Lee disappeared on July 8, 2022, in Oxford, where the university is located and where the trial was held.
Police arrested Herrington two weeks after Lee disappeared. Investigators said they used warrants to obtain electronic records, including explicit messages between social media accounts belonging to both men and online searches conducted by Herrington, including one asking how long it took to strangle someone .
Prosecutors said during closing arguments Wednesday that Herrington and Lee had a sexual relationship that ended badly and that Lee left Herrington’s apartment. They said text messages showed Herrington, who was not openly gay, persuaded Lee to return by promising him more sex. Prosecutors said Lee was killed after returning.
“Tim Herrington lived a lie – lived a lie to his family,” prosecutor Ben Creekmore said. “He lied to Jay Lee to coax him there, promising to do something with him.”
Herrington’s attorney, Kevin Horan, said prosecutors could not prove Lee’s death without having a body. He told jurors Wednesday that the text messages showed Herrington did not lure Lee to his apartment.
“He’s the one dominating this particular conversation,” Horan said of Lee.
Lee, 20, did not contact friends or family, and his once-prolific financial dealings and social media posts have ceased since the day he disappeared, investigators testified.
Police arrested Herrington two weeks after Lee disappeared. Authorities interviewed Herington twice that day, and he gave conflicting information about the hours before Lee disappeared, Oxford Police Chief Jeff McCutchen said Tuesday.
Before officers questioned Herrington, they had already obtained explicit messages exchanged between social media accounts belonging to Herrington and Lee during the last few hours Lee was known to be alive, McCutchen said.
Google records obtained through a warrant showed Herrington searching “how long does it take to strangle someone” at 5:56 a.m., University Police Department Sgt. Benjamin Douglas testified last week.
The last text message from Lee’s phone was sent to a social media account belonging to Herrington at 6:03 a.m. from a location near Herrington’s apartment, McCutchen said Tuesday. A cell tower in another area of Oxford last detected a signal from Lee’s phone shortly before 7:30 a.m., the police chief said. A security camera showed Herrington moments later walking out of a parking lot where Lee’s car had been abandoned, investigators said earlier.
On the day Lee disappeared, Herrington was also seen on security cameras buying duct tape in Oxford and traveling to his own hometown of Granada, about an hour south of Oxford, police said.
Herrington’s relatives sat behind him in the courtroom and Lee’s relatives sat behind prosecutors. When Luther dismissed the court after the mistrial, he ordered the two groups to leave separately.
Jurors were chosen in another county about 250 miles to the south. They heard eight days of arguments and testimony.
The judge twice urged jurors to continue their deliberations despite saying they were deadlocked. After the third such message, Luther declared a mistrial and thanked them for serving, adding, “I have asked many things of you. »
