A mistrial has been declared in the capital murder trial of Sheldon “Timothy” Herrington, Jr., the man accused of killing former Ole Miss student Jimmie “Jay” Lee.
After more than nine hours of deliberations following closing arguments on Wednesday, the jury was unable to reach a consensus agreement on whether or not to find Herrington, a Grenada native, guilty of Lee’s death.
The jury had the option to convict Herrington of capital murder, first-degree murder, second-degree murder, or culpable negligence manslaughter. After a consistent 11-1 vote, Judge Kelly Luther deemed the jury “hopelessly deadlocked.”
Law enforcement and prosecutors argued that Herrington murdered and disposed of Lee’s body to conceal a romantic relationship the two were having at the time. Lee, remembered as a beloved member of the LGBTQ+ community in Oxford, has not been seen since July 8, 2022. Earlier this year, Lee’s parents declared him legally dead, although a body has still not been found.
The defense, led by state Rep. Kevin Horan, maintained Herrington’s innocence, citing “insufficient evidence” to link the defendant to any crime.
Herrington, 24, was arrested two weeks after Lee, 22, went missing. While bond was initially denied, a lawsuit against the Lafayette County Sheriff’s Department on wrongful confinement has kept the defendant free from jail but with an ankle monitor on.
According to court documents, investigators found that Herrington had gone to Google on his computer to search, “How long does it take to strangle someone gabby petito [sic]” – referring to the high-profile case of a New York 22-year-old killed by her fiancé in 2021 – just moments after Lee told Herrington he was coming over on the last day Lee was seen by anyone other than Herrington. Video surveillance showed Herrington jogging from an apartment complex where Lee’s car was later found before being picked up by a friend at a nearby gas station.
Detective Ryan Baker with the Oxford Police Department vouched that cadaver dogs were alerted four times to the aroma of a dead body inside Herrington’s apartment, twice inside his car, and once inside a box-moving truck he had access to. However, Baker’s testimony was later thrown out due to the dogs not being verified to detect human remains.
During Herrington’s trial, jurors — brought in from Hattiesburg to remove bias from the case — heard from character witnesses vouching for the defendant, individuals affiliated with both Herrington and Lee, as well as investigators.
It was established during court proceedings that Herrington and Lee had a sexual relationship with one another, though Herrington initially denied the nature of his affiliation with Lee to law enforcement. Lee was found to have visited Herrington’s apartment twice the day he went missing.
Jurors were also made aware of seemingly unusual activity by Herrington at an Oxford Walmart and in his hometown. Video footage showed Herrington shopping at the retail store after Lee went missing. The defendant was seen looking at large trash cans but only purchasing duct tape. Herrington later made a trip to Grenada, operating a box truck said to be utilized for his moving business, and acquired a shovel, wheelbarrow, and lap pads.
Horan continued to vouch for the defendant and even moved to have a mistrial declared last week as Lee’s DNA was not discovered anywhere Herrington was accused of being in contact with him. The attorney also pointed out a brief history of law enforcement misquoting previous interviews with Herrington. That motion for a mistrial was denied by the judge.
Both the state and defense rested their cases on Tuesday. After closing arguments on Wednesday, the jury took to the courthouse but was unable to reach a unanimous decision, forcing the judge to declare a mistrial.
The judge plans to reach out to prosecutors and defense attorneys about setting a date for a retrial.