The prosecution and defense presented their opening statements on Tuesday in the trial of Sheldon Timothy Herrington Jr., who is charged with capital murder in the death of Jimmie “Jay” Lee in Oxford.
Lee, 20, was a prominent figure in the Oxford-Lafayette LGBTQ+ community who graduated from the University of Mississippi in 2022. He was last seen on video surveillance footage at 5:58 a.m. on July 8, 2022, leaving Campus Walk Apartments.
Although Lee’s body has yet to be recovered. He was declared dead by Circuit Court Judge Gray Tollison on Oct. 15.
Opening statements
Gwen Agho, a Hinds County assistant district attorney who was appointed as a special prosecutor yesterday during jury selection, gave the prosecution’s opening statements to the jury. Lafayette County District Attorney Ben Creekmore is leading the prosecution.
Much of Agho’s opening statement focused on answering the question “Who was Jay?” Agho described the way that he dressed, stated that he talked to his family every day, owned a dog that he cared about and was a student who graduated early with honors.
Agho summarized the evidence that the prosecution would present to the jury, focusing on the events of the morning of July 8. Agho then said that detectives would walk the jury through their process of investigation and how they know that Lee is no longer alive.
“Jay’s death is in silence,” Agho said, referencing there had been no bank transactions, social media interactions or communications with his loved ones after July 8.
“In that proof that is how we know that we must seek justice,” Agho said.
Horan led the defense in opening statements and asked the jurors to decide the case “on the facts.” He focused on how the prosecution has to prove that Herrington committed kidnapping during the alleged murder.
The charge of kidnapping is what elevated the Oxford Police Department’s initial charge of murder to capital murder during Herrington’s March 28, 2023 indictment.
According to the indictment, Herrington violated section 97-3-19(2)(e) of the Mississippi Code — murder during the commission of a felony. The grand jury charged Herrington with murdering Lee while he was engaged in the act of kidnapping.
“In the opening statement, they didn’t mention anything about the kidnapping aspect. They have got to prove that,” Horan said. “They have to establish that happened, because if that didn’t happen, the rest of their case folds like a house of cards.”
Horan also said there is no DNA evidence, blood, urine or trace evidence that would prove Lee’s death or even that a crime occurred in Lafayette County.
“What (the prosecution is) expecting you to do is allow them to throw something up against the wall and hope it sticks,” Horan said.
Witnesses
The jury, selected in Hattiesburg on Monday, consists of 12 jurors and three alternates, seven who are men and eight women. Four are Black and 11 are white. In addition to opening statements they heard four witnesses.
The first was Jay Lee’s mother, Stephanie Lee, who first contacted the authorities about Lee’s disappearance on July 8 and gave an account of the day he disappeared.
During her statement, Stephanie Lee described her son’s personality, said that he communicated with his family daily and listed his academic achievements. She also detailed Jay’s love for his dog and his car.
Stephanie Lee affirmed that since Jay’s disappearance that there have been no transactions on Lee’s bank account and that he never attempted to retrieve his dog. Stephanie also affirmed that Lee had not expressed anything to her about wanting to end his life prior to his disappearance.
During Horan’s cross-examination, Stephanie Lee said that prior to Jay’s disappearance, the last time she had been to his apartment in Oxford was in May 2022, when Lee graduated.
Jennifer Buford, adviser and clinical instructor in social work at UM since 2012, was called to the stand by the prosecution after Lee’s mother.
Lee was in Buford’s internship course at the time he went missing. Asked to describe what she knew about Lee, she said he was involved in the Black Student Union, was a member of the Associated Student Body and worked with the LGBTQ+ community in Oxford. She also said that Lee was “outspoken” and “expressive.”
The defense did not cross examine this witness.
Jose Reyes, a friend of Lee’s and a 2023 graduate of the University of Mississippi, was the prosecution’s third witness. Like Lee, Reyes majored in social work and now works as a therapist in community mental health. Reyes became friends with Lee in 2019 and described their relationship as a “sisterly bond.”
Reyes was asked by the prosecution about Lee’s gender identity.
Although Lee often dressed in a feminine manner, Reyes said Lee was cisgender and comfortable with his gender as a male. Reyes also stated that he was unaware of any instance in which Lee had tricked anyone into thinking he was a woman.
Reyes said that he and Lee talked to each other over the phone daily, including a conversation on July 7, 2022, during which “he seemed in a good mood.” Reyes recalled no communication of suicidal ideation from Lee.
Horan asked Reyes to clarify Lee’s gender identity and sexuality as well as whether Lee liked to “hook up” with individuals in the LGBTQ+ community that were on the “down low.” Although it has varying definitions, the term “down low” refers to someone who is not open about their same sex relations.
Reyes confirmed that Lee was cisgender and liked men and denied that Lee was hooking up with individuals that were on the “down low.”
Horan asked Reyes if he remembered giving a statement to two police officers in which he said that Lee liked to hook up with people on the “down low.” Reyes said that he did not remember the statement because it occurred two years ago.
Reyes was also asked by the defense about how Lee would meet the people he would hook up with, to which Reyes responded that he was not familiar with where Lee met these people.
Khalid Fears was the final witness called to testify on Monday. He was a friend of Lee’s and worked as an X-Ray technician at Baptist Memorial Hospital when Lee disappeared.
Fears, who identified himself as a member of the LGBTQ+ community, said that he and Lee became friends in May 2022 after meeting at a park.
Fears was questioned about a Snapchat conversation between him and Lee the night before and the morning of Lee’s disappearance, prior interviews Fears did with the police, Lee’s sexual preferences and use of dating apps.
There was indication that Fears may be recalled for testimony.
The trial will continue at the Lafayette County Courthouse Wednesday at approximately 9 a.m.
Jaylynn Conner contributed reporting.
Editors Note: This post was updated to include the correct spelling of Khalid Fears’ name.
