The retrial for the man accused of killing Ole Miss student Jimmie “Jay” Lee has been pushed back after both the prosecution and defense requested a date change.
Timothy Herrington Jr. will go back to court with his second trial beginning Dec. 1. The retrial was previously scheduled to begin Oct. 13 after Herrington’s first court proceedings in December 2024 ended in a mistrial with jurors unable to reach a consensus on whether to charge him with capital murder, first-degree or second-degree murder, culpable negligence manslaughter, or find him not guilty.
An 11-1 vote favored conviction, but the lone dissenting vote, which hinged on a lack of a body linked to the alleged crime, required new proceedings.
Herrington is charged with capital murder in connection with the death of Lee, a prominent figure in the Oxford LGBTQ+ community. The primary reason for the mistrial was the lack of a body connected to the crime. Lee had been missing since the summer of 2022, and his body was still undiscovered during the initial trial against Herrington.
In February, during an extended deer hunting season, outdoorsmen in Carroll County found human remains that were later proven to be Lee’s. The defendant turned himself in to law enforcement after the discovery and has been denied bond since then.
Due to extensive media coverage surrounding the case, Herrington’s legal counsel requested a change of venue for the retrial. Though that request was initially granted, Circuit Judge Kelly Luther ruled that jury selection will take place in a different county and that the jurors will be transported to Oxford, where the retrial will be held.
