An accused murderer left a Mississippi courthouse without showing any emotion as the family of his alleged victim burst into tears after a judge declared a mistrial in his case.
Sheldon “Timothy” Herrington Jr., 24, was charged with capital murder in the July 2022 disappearance of fellow University of Mississippi student Jay Lee, 20.
He also could have been convicted of lesser charges of first-degree murder, first-degree murder or manslaughter.
Prosecutors have argued that Herrington killed the openly gay student after an alleged sexual encounter, but Oxford police never discovered a body — which Herrington’s lawyer said was necessary for a conviction. Clarion Ledger reports this.
Jurors heard eight days of arguments and testimony during the trial at the Lafayette County Courthouse, and deliberated for more than nine hours.
They told Judge Kelly Luther twice that they could not reach a verdict. They sent the second message around 4:20 pm on Wednesday, saying they were “confident” they would not be able to reach a unanimous verdict in the case.
The jurors were finally seated at eleven to one after declaring it “impossible” to reach a verdict, at which point Luther declared a mistrial.
“I think after nine and a half hours of deliberation and my reading of the jury, we are hopelessly at an impasse,” he said.
A Mississippi judge declared a mistrial Wednesday in the case of accused murderer Sheldon “Timothy” Herrington Jr., 24,
Herrington was charged with capital murder in the July 2022 disappearance of fellow University of Mississippi student Jay Lee, 20.
Lee received a master’s degree from Ole Miss and was known for his personal expression through fashion and makeup.
He often performed in drag shows and was written about by the University of Mississippi student newspaper, The Daily Mississippianas ‘a well-known member of Oxford’s gay community.’
But Lee mysteriously went missing on July 8, 2022, his mother’s birthday.
After more than two years of searching, a judge declared Lee legally dead in October.
Prosecutors had alleged that prior to his disappearance, Herrington and Lee had a sexual encounter that ended badly.
Herrington then allegedly messaged Lee and invited him back to his apartment, where prosecutors say he was likely killed.
Text messages read in court show that after Herrington forced Lee to return to his apartment, the alleged victim replied, “Yeah, now it seems like you’re just trying to lure me there to beat or something.”
Herrington then responded, “You’re tripping.”
Judge Kelly Luther announced he will meet with prosecutors and defense attorneys next week to discuss a new trial date
Authorities also allege Herrington Googled “how long it takes to strangle someone” before seeing Lee, whose last text message appeared to be sent to Herrington from near the suspect’s Oxford apartment, Police Chief Jeff McCutchen testified.
Moments later, Herrington was caught on surveillance footage jogging out of a parking lot where police said Lee’s car had been left.
On the night of Lee’s disappearance, Herrington was also reportedly seen on security camera footage buying duct tape in Oxford and driving to his hometown of Grenada, about an hour south.
When Herrington was later brought in for questioning in connection with Lee’s disappearance, he reportedly gave conflicting information about his whereabouts in the hours before Lee disappeared.
When Oxford Police Lt. Shane Fortner asked him, “What do you think happened to him?” Herrington responded that Lee may have had “casual sex with someone and they kidnapped him,” Fortner testified.
Herrington showed no emotion as he left the courtroom after the statement
Prosecutors argued that Herrington was not openly gay — and he killed Lee to protect his secret.
“Tim Herrington lived a lie — lived a lie to his family,” Lafayette County District Attorney Ben Creekmore told jurors in his closing statement.
“He lied to Jay Lee to lure him there and promised to do something to him,” the attorney continued. ‘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.”
But defense attorney Kevin Horan argued jurors could not convict his client without a body.
He also argued that leads on other persons of interest had not yet been exhausted, claiming that any evidence that weighed in Herrington’s favor was considered unreliable.
Lee attended graduate school at Ole Miss and was known for his personal expression through the use of fashion and makeup
Herrington remains out on bail as he prepares for a retrial
Following the declaration of a mistrial, Oxford police vowed that they would continue to seek justice for Lee.
“The hearts of Oxford Police are heavy for the Lee family as the jury was unable to reach a decision in this case,” the report said.
“Our commitment to finding Jay Lee remains steadfast and our department will not waver in pursuing justice for him.”
McCutchen also assured the public that police have not stopped searching for Lee’s body since he went missing.
“We won’t stop until we get him home to his family,” he said.
Meanwhile, Herrington remains out on bail as he prepares for a retrial.
Judge Luther said he will meet with prosecutors and defense attorneys next week to discuss a new trial date, and said he will even consider holding the trial at a different location.
If Herrington is convicted on the top charge, he could ultimately receive a life sentence.