[A judge declared a mistrial in the case of Sheldon “Timothy” Herrington Jr. in the 2022 killing of Jimmie “Jay” Lee, a gay man prominent in the LGBTQ+ community at the University of Mississippi. Jurors said they were unable to reach a verdict after over nine and a half hours of deliberation.
Lee’s body has never been found, but a judge declared him dead. Herrington, 24, showed little emotion as he left the courtroom with his attorneys and several relatives. He remains free on bond and is still charged with capital murder, which Mississippi law defines as a killing committed along with another felony – in this case, kidnapping. Prosecutors had said they would not seek the death penalty, and he faces life in prison if tried again and convicted.
Jurors were also considering lesser charges of first-degree murder, second-degree murder, and manslaughter. Circuit Judge Kelly Luther will consult with prosecutors and defense attorneys about setting another trial.
Both Herrington and Lee had graduated from the University of Mississippi, where Lee 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.
Police arrested Herrington two weeks after Lee vanished on July 8, 2022. Investigators testified that they used warrants to obtain electronic records, including explicit messages between social media accounts belonging to the two men and online searches conducted by Herrington, including one inquiring how long it takes to strangle someone.
Prosecutors said Herrington and Lee had a sexual encounter that ended badly and Lee left Herrington’s apartment. They claimed text messages showed that Herrington, who was not openly gay, persuaded Lee to return with the promise of more sex. Prosecutors said Lee was killed after going back.
Herrington’s attorney, Kevin Horan, argued that prosecutors cannot prove Lee is dead without having a body. He told jurors that text messages showed Herrington did not lure Lee to his apartment. The attorney also pointed out that Lee’s financial transactions and social media activity ceased on the day he disappeared, and that police arrested Herrington without any physical evidence linking him to the crime.
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