The murder trial continues for the young man accused of killing a fellow Ole Miss student over two years ago.
A loaded week’s worth of court proceedings in the trial of Sheldon “Timothy” Herrington, Jr., the man charged with capital murder for his alleged role in the death of Jimmie “Jay” Lee, wrapped up Saturday with jurors being bused on Sunday to view places of interest in the case. On Monday morning, both sides returned as a verdict is expected to come as soon as this week.
Here’s a rundown of what we know:
Background
Law enforcement and prosecutors argue Herrington, a Grenada native, 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.
Herrington, 24, was arrested two weeks after Lee, 20, 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 from previous hearings, 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 running 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.
Recapping week one of the trial
The murder trial of Herrington began with the common jury selection process. Jurors from Hattiesburg were chosen to observe activities taking place within the courtroom in an effort to remove bias from the case. Due to an influx in media coverage, jurors are being sequestered for the duration of the trial, which is expected to end as early as this week.
Attorney Gwen Agho, a Hinds County prosecutor assigned to assist in this case, established that Lee and Herrington had been in a sexual relationship with one another. When initially interrogated by police in 2022, Herrington initially denied his romantic involvement with the victim to law enforcement but later owned up to having a sexual relationship with Lee.
In a 2022 interview between former Oxford Police investigator Shane Fortner and Herrington, the law enforcement officer asked the defendant what he thought happened to Lee. Herrington stated that Lee could have met up with someone for sex and that person could have kidnapped him. That answer troubled law enforcement and led them to believe that Herrington outlined what he had done to Lee.
The prosecution stated in court that Lee and Herrington had been involved in a sexual encounter the day Lee went missing. Sexually explicit messages between the two men via the social media app Snapchat were also read in the courtroom.
A friend of Lee’s, Khalid Fears, testified that the two had been on FaceTime on July 8, 2022. During that call, Lee reportedly told Fears that despite blocking an unidentified “hookup,” he planned to meet up with the individual — believed to be Herrington. Authorities previously found that a social media account linked to Herrington had been blocked by Lee. Fears also alleged that Lee, an openly gay man, had been meeting with “closeted men,” one believed to be Herrington who did not publicly identify as a member of the LGBTQ+ community. This matched what prosecutors speculated to be the nature of the relationship between the two men.
It was discovered during the proceedings that, on the day of Lee’s disappearance, a car matching the description of the vehicle owned by the victim was spotted on multiple security cameras cruising through Oxford early that morning. The vehicle, believed to be operated by Herrington, was parked at Molly Barr Trails apartments and later towed.
A man investigators claim to be Herrington was seen jogging out of the apartment complex wearing a gray hoodie, which was presented in court. Kizziah Carter, a witness who knows Herrington, testified that he saw the defendant jogging on Molly Barr Road. Herrington allegedly waved Carter down and asked for a ride to his home at Lafayette Place apartments. Carter said he had never seen Herrington jogging in that area before.
After Lee’s mother called the University of Mississippi Police, requesting a welfare check on her son after not hearing from him, which she said was atypical, officers began searching local apartment complexes, detention centers, and medical facilities but Lee was never found. A “be on the lookout” alert was later issued for Lee’s vehicle.
Police were notified that the car had been towed from Molly Barr Trails at 1:50 p.m. the day Lee went missing. Since Herrington became a suspect in the case, his usage of a box truck, which he claimed to have used for his moving business, unique purchases, and the acquisition of a shovel, wheelbarrow, and lap pads raised eyebrows. He was also spotted on video footage shopping at a local Walmart hours after Lee went missing. The video showed Herrington looking at large trash cans but only purchasing duct tape.
However, Herrington’s legal counsel has continuously maintained their client’s innocence and asserts there is insufficient evidence to link him to the alleged crime. State Rep. Kevin Horan, Herrington’s lead attorney, even attempted to have a mistrial declared as Lee’s DNA was not discovered anywhere Herrington is accused of being in contact with him. Horan also pointed out a brief history of law enforcement misquoting previous interviews with Herrington. The motion for a mistrial was denied by the judge.
What’s next
The jury will continue to hear from both the prosecution and defense until being sent to deliberate and hopefully return with a unanimous verdict. If Herrington is found guilty of capital murder, the death penalty is a possible outcome. However, prosecutors have stated they do not intend to pursue execution in Herrington’s case, meaning he would likely be given a life sentence without parole.