The trial of Sheldon Timothy Herrington Jr. — who is charged with capital murder in the case of the death of Jimmie “Jay” Lee in Oxford — began Monday, Dec. 2, with jury selection in Hattiesburg, Miss.
Lafayette County Circuit Court Judge Kelly Luther is overseeing the jury selection process, which started at 9:50 a.m, according to reporting from the Hattiesburg American.
The decision to select the jurors from outside Lafayette County was made by Luther in August after Herrington’s defense attorney, State Rep. Kevin Horan, filed for a change of venue, citing the amount of pretrial media attention the case had received.
Out of 108 prospective jurors in the initial pool, many were excused for reasons including personal hardships, illness, age or scheduling conflicts. As of 11:05 a.m., 71 eligible candidates remained, according to the American.
Around 10-12% of the candidates were people of color, like Herrington and Lee, as reported by the American.
Once the jury is selected, they will be transported to Lafayette County and sequestered for the proceedings. As jury selection continues, it is uncertain when opening statements will begin.
Case Background
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.
The morning of Lee’s disappearance Herrington and Lee had been messaging each other, and Herrington requested Lee to meet him at his apartment at Lafayette Place Apartments. Prosecutors argued in an August 2022 bond hearing that Herrington and Lee had been in a casual relationship.
Although Lee’s body has yet to be recovered, Lee has since been declared dead.
On July 22, 2022, Herrington was arrested by Oxford Police Department and charged with Lee’s murder. A Lafayette County grand jury indicted Herrington on capital murder charges on March 28, 2023.
According to the indictment, Herrington violated section 97-3-19(2)(e) of the Mississippi Code, or murder during the commission of a felony. The grand jury charged Herrington with murdering Lee while he was engaged in the act of kidnapping.
Horan recently filed a motion in the Lafayette County Circuit Court on Nov. 28 to dismiss Herrington’s indictment.
Horan’s motion to dismiss states the indictment failed to include the statute for kidnapping, citing 14.1(c) of the Mississippi Rules of Criminal Procedure, which requires the indictment to state each provision of law that the defendant is alleged to have committed.
Herrington was released on bond in December 2022 after initially being denied bond in a bond and preliminary hearing in August of 2022.
In that hearing, the prosecution presented evidence against Herrington including photos of Herrington leaving the Molly Barr Trails apartments on foot – Lee’s vehicle was found there later – and a receipt for duct tape purchased on the morning that Lee was last seen.
The prosecution also presented text messages showing that Herrington searched: “How long does it take to strangle someone like Gabby Petito,” in the minutes before Lee arrived at Herrington’s apartment.
Herrrington faces a potential death sentence or life imprisonment without parole if convicted.
