An accused murderer walked out of a Mississippi courthouse without showing any emotion as his alleged victim’s family broke down in tears after a judge declared a mistrial in his case.
Sheldon ‘Timothy’ Herrington Jr., 24, was facing charges of capital murder in the July 2022 disappearance of fellow University of Mississippi student Jay Lee, 20.
He could also have been convicted of lesser charges of first-degree murder, second-degree murder or manslaughter.
Prosecutors have argued Herrington killed the openly gay student following an alleged sexual encounter, but Oxford police never uncovered a body – which Herrington’s defense attorney argued was necessary for a conviction, the Clarion Ledger reports.
Jurors heard eight days of arguments and testimony in the trial at the Lafayette County Courthouse, and deliberated for more than nine hours.
They twice told Judge Kelly Luther they could not reach a verdict, sending the second message at around 4.20pm Wednesday saying they ‘feel confident’ they would not be able to reach a unanimous verdict in the case.
The jurors ultimately sat at 11 to one after they declared it was ‘impossible’ to reach a verdict, at which point Luther declared a mistrial.
‘I think after nine-and-a-half hours of deliberations and my reading of the jury, we are hopelessly deadlocked,’ he said.
A Mississippi judge declared a mistrial in the case of accused murderer Sheldon ‘Timothy’ Herrington Jr., 24, on Wednesday
Herrington was facing charges of capital murder in the July 2022 disappearance of fellow University of Mississippi student Jay Lee, 20
Lee was pursuing a masters degree from Ole Miss, and was known for his personal expression through fashion and makeup.
He often performed in drag shows and was described by the University of Mississippi’s student newspaper, The Daily Mississippian, as ‘a well-known member of Oxford’s queer 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 claimed Herrington and Lee had a sexual encounter prior to his disappearance that ended badly.
Afterward, Herrington allegedly messaged Lee and invited him back to his apartment, where prosecutors say he was likely murdered.
Text messages read in court show that after Herrington pressed Lee to return to his apartment, the alleged victim replied: ‘Yeah, now it seems like you just trying [to] lure me over there to beat my a** or something.’
Herrington then replied, ‘You trippin.’
Judge Kelly Luther announced he will meet with prosecutors and defense attorneys next week to discuss a new trial date
Authorities have also claimed Herrington Googled ‘how long it takes to strangle someone’ before he saw Lee, whose final text message appeared to have been 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 say Lee’s car was abandoned.
On the night of Lee’s disappearance, Herrington was also allegedly seen in 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 vanished.
Then, when Oxford Police Lt. Shane Fortner asked him, ‘What do you think happened to him?’ Herrington replied that Lee possibly ‘went and had casual sex with somebody and they kidnapped him,’ Fortner testified.
Herrington displayed no emotions as he walked out of court following the declaration
Prosecutors argued 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 coax him over there, promising to do something with him,’ the lawyer 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 that jurors could not convict his client without a body.
He also argued that leads on other persons of interest were not exhausted, and claimed that any evidence weighing in Herrington’s favor were deemed unreliable.
Lee was pursuing a masters degree from Ole Miss, and was known for his personal expression through the use of fashion and makeup
Herrington will remain out on bond as he gears up to face another trial
Following the declaration of a mistrial, the Oxford Police Department vowed they would continue to seek justice for Lee.
‘The Oxford Police Department’s hearts are heavy for the Lee family as the jury was unable to reach a decision in this case,’ it said.
‘Our commitment to finding Jay Lee remans steadfast and our department will not waver in the pursuit of justice for him.’
McCutchen also assured the public that cops have not stopped looking for Lee’s body since he went missing.
‘We will not stop until we bring him home to his family,’ he said.
Meanwhile, Herrington will remain out on bond as he gears up to face another trial.
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 venue.
If Herrington is convicted on the highest charge, he could ultimately face life in prison.
