A mistrial has been declared in the ongoing murder case of out gay University of Mississippi student Jimmie "Jay" Lee.
The long-anticipated trial for the high-profile 2022 case temporarily ended Wednesday when jurors remained deadlocked after nearly ten hours of deliberation. The group was unable to conclusively convict Sheldon "Timothy" Herrington Jr., 24, on either capital murder, first-degree murder, second-degree murder, or manslaughter by culpable negligence, nor could they find him conclusively not guilty.
Herrington is still charged with capital murder – a killing committed with another felony – and remains out on his $250,000 bond. He faces life in prison if convicted, as prosecutors are not seeking the death penalty. Prosecutors have not announced whether or not they plan to retry the case, though the Oxford Police Department said in a statement that its "commitment to finding Jay Lee remains steadfast and our department will not waver in the pursuit of justice for him."
Lee, who was 20 at the time of his death, went missing from his student housing complex in Oxford early on the morning of July 8, 2022. Police believe he was murdered, but the whereabouts of his body remain unknown. A judge declared him legally dead last month.
Lee was involved in a secret sexual relationship with Herrington, who was in the closet, and an active member of the Abundant Life Assembly, an Apostolic Christian church where his father was an assistant pastor. Herrington became an immediate suspect in the case, and was arrested and charged with capital murder two weeks after Lee's disappearance.
Snapchat messages contained in court documents reportedly show Herrington lured Lee to his death on the evening of July 7 with the promise of reciprocating oral sex. Lee had suspicions about Herrington’s intentions, writing that he was “just tryna lure me over there to beat my ass or something,” to which Herrington replied, “you trippin.”
Lee was messaging another friend about the conversation at the time, though he did not specifically identify Herrington. Lee was never heard from again, and the friend contacted law enforcement.
Surveillance footage showed a person matching Herrington’s description jogging away from Lee's last known whereabouts. Herrington was later seen on security cameras buying duct tape and driving to his parent’s house with a company truck to pick up a wheelbarrow and a shovel. Police found that he had also made an internet search for “how long does it take to strangle someone gabby petito," referencing the high-profile case of a young woman killed by her boyfriend.
Prosecutors allege Herrington strangled Lee because he feared their relationship might become public, theorizing that Herrington strangled Lee in his apartment, jogged from the scene, and later used his company’s truck to dispose of Lee’s body.
Herrington admitted to a casual relationship with Lee when police questioned him, but denied knowledge of his whereabouts. K-9 dogs trained to detect the presence of cadavers alerted four times in Herrington’s apartment – once in the living room and three times in the bedroom.
Herrington previously tried to change the venue of the trial, arguing that he could not get a fair trial in Lafayette County. A judge denied the request, and jurors were selected from a different county about 250 miles south from the university. A change of venue could be possible if Herrington is brought to trial again.
Lee was a pillar in Ole Miss' LGBTQ+ community, known for his creative fashion and makeup, and for performing as drag queen Jay Divaa in Oxford’s drag night. At just 20-years-old, he had already graduated from the university and was pursuing a masters degree.