Lafayette County Circuit Court Judge Kelly Luther has rescheduled the retrial of former University of Mississippi student Timothy Herrington — who is charged with capital murder in the 2022 death of former UM student Jimmie “Jay” Lee — for Dec. 1 in the Lafayette County Courthouse.
A representative from Luther’s office confirmed to The Daily Mississippian that the trial’s date has been moved from a previously scheduled Oct. 13 start with agreement by the state and the defendant parties.
Jury members will be selected from a pool of individuals outside Lafayette County, the representative confirmed, with the location to be determined in the “fairly near future.”
This models the approach from Herrington’s previous trial, which bused a jury from Forrest County, Miss., to Oxford.
Herrington previously stood trial for capital murder in December 2024. The trial was declared a mistrial by way of a hung jury.
In February of this year, Lee’s remains were found in a wooded area in Carroll County, Miss., prompting a new indictment, including charges of capital murder and tampering with evidence. Herrington entered a plea of not guilty.
On March 7, Luther dropped the tampering with evidence charge, as the two-year statute of limitations had expired. In May, Herrington petitioned for a change of venue, claiming that the extensive media attention would make it impossible for him to have a fair trial in Lafayette County.
Luther granted this request in June, noting that the prosecution did not oppose the move. However, Luther’s order dictated that the trial will take place in Oxford.
Herrington remains in Lafayette County Jail ahead of the retrial.
