Sheldon “Timothy” Herrington Jr. listens as Judge Kelly Luther declares a mistrial
The judge presiding over the capital murder trial of Sheldon “Timothy” Herrington Jr. — the 24-year-old accused of killing a fellow former University of Mississippi student in 2022 — declared a mistrial on Wednesday.
After nine and a half hours of deliberation, the jury remained deadlocked, 11-1. Circuit Court Judge Kelly Luther didn’t share which way jurors were leaning.
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Herrington, 24, was accused of killing Jimmy “Jay” Lee after evidence indicated the two had a sexual encounter at Lee’s apartment in Oxford, where Ole Miss is located, on July 8, 2022. Lee vanished the same day.
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Lee, who was 20 at the time of his disappearance, went silent on social media and had no contact with friends or family in the aftermath of the men’s encounter. A judge declared Lee dead earlier this year at his parents’ request.
Prosecutors haven’t said if they’ll seek a retrial. Herrington remains free on bond and is still charged in the crime.
Surveillance video showed Herrington running from where Lee’s car was found abandoned at an apartment complex near Herrington’s residence the same day that Lee disappeared and where the last signal from Lee’s phone was detected. The defendant was later seen picking up a shovel and wheelbarrow at his parents’ house, prosecutors said.
Herrington purchased duct tape, rubber gloves, and trash bags from a local Walmart the same day, and an acrylic fingernail was discovered in Herrington’s apartment placing Lee there.
Prosecutors said Herrington gave conflicting statements during two interviews about Lee’s disappearance. Police first interviewed Herrington in his apartment, when he said he knew Lee but “did not have any kind of sexual relationship with him,” Shane Fortner, one of the officers involved, testified.
In the second interview at an Oxford police station, after Herrington was advised of his rights, he said he and Lee had a “deeper relationship” and that they had a sexual encounter just hours before Lee disappeared.
Unlike Lee, Herrington was not out as a member of the LGBTQ+ community, according to prosecutors.
Assistant District Attorney Gwen Agho said during opening arguments that messages shared between the two men indicated Lee was upset after they had sexual contact and he left Herrington’s apartment.
Herrington invited Lee back, Agho said; before his arrival, Herrington looked online for how long it takes to strangle someone, according to his search history.
Lee was pursuing a master’s degree in fashion, according to support group called Justice for Jay Lee. Lee was also a popular drag performer in Oxford.
Jury deliberations were fraught from the outset; they sent two messages to the judge requesting guidance. He advised them they could consider lesser charges of first-degree murder, second-degree murder, or manslaughter. Still, they remained deadlocked.
Capital murder in Mississippi is defined as a killing committed along with another felony, in this case, kidnapping.
Prosecutors said at trial they wouldn’t seek the death penalty.
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