After years of uncertainty surrounding the death of Jimmie “Jay” Lee, a University of Mississippi graduate who was declared missing in July 2022 and pronounced dead in October 2024, the answers have finally come to light.
The sentencing
Sheldon Timothy Herrington Jr. was sentenced to 40 years in prison for the murder of Lee, a member of the LGBTQ+ community, on Tuesday, Dec. 2. Lafayette County Circuit Judge Kelly Luther sentenced Herrington to 30 years on a second-degree murder charge plus 10 more years on a tampering with evidence charge.
Following the sentence, Herrington will also face five years of supervised probation and five years of unsupervised probation.
The sentencing follows a new indictment for Herrington for capital murder and tampering with evidence in February 2025, after Lee’s skeletal remains were found in a wooded area in rural Carroll County, Miss. The remains and photographs of them were sent to a state crime lab in Jackson, Miss., though a cause and manner of death could not be determined due to extensive decomposition.
Herrington, also a UM graduate, pleaded guilty to second-degree murder and tampering with evidence on Monday, Dec. 1 — the same day the jury selection was to begin in Canton, Miss., for his second trial. His first trial on capital murder charges ended in a mistrial on Dec. 11, 2024.
Justice for Jay Lee, an organization fighting for its namesake since July 2022, has spent more than three years drawing attention to the case in hopes that Herrington might be convicted and sentenced. A post on Wednesday, Dec. 3 addressed the account’s more than 4,000 followers with the following statement:
“Thank you for the support over the years. So many people from across the world sent love, encouragement and help, and we can’t thank you enough. Without YOUR contributions, we couldn’t have come this far. Thank you.”
Rae Del Bianco, a protestor who The Daily Mississippian originally interviewed at a Dec. 12, 2022, protest for Lee, was disappointed with the second-degree murder charge, but was grateful that Herrington was sentenced at all.
“To me, (District Attorney Ben Creekmore’s) decision to accept a plea of second-degree murder, when Creekmore spoke so confidently about a conviction for capital murder in the ensuing press conference, is disappointing,” Del Bianco said. “But, as Braylyn Johnson (the organizer of Justice for Jay Lee) has said, we were scared that Jay Lee would never get justice. Every moment has been hard-won.”
Responses
Upon conclusion of the sentencing hearing, several law enforcement figures and attorneys involved in the investigation and trial addressed the courtroom. Oxford Police Department Chief Jeff McCutchen emphasized the deliverance of justice in the case.
“I want to open today by saying justice was delayed, but justice was not defeated,” McCutchen said. “It’s important to start this way, that all glory goes to God, in this case, that without him, we are not standing here today.”
McCutchen spoke about his department’s relationship with the family and district attorney’s office, as well as the lasting legacy of not just the case itself, but also of Lee.
“To the legacy of Jay Lee, it will not be marked by violence, but by love, love from the police to this family and this family’s love back to the police and the district attorney’s office. This case set a standard,” McCutchen said. “Jay Lee’s name will be held in high regard, and a standard in which all cases should be pursued and by the passion given on this case and the love that should be shown to the victims and their families.”
Lee’s parents attended the sentencing. Stephanie Lee, Lee’s mother, thanked OPD and her family for giving her the strength to go on in an emotional address to the courtroom.
“I want to first thank OPD. From the first call that I made, I think I must have called 100 times, constantly, ‘I need you to go to my baby’s apartment to do a wellness check, he’s not answering the call.’ OPD has been faithful from day one,” Stephanie Lee said in her address. “I’m thankful for my husband standing by, (and) my daughter, my son-in-law, (and) my mother. I’m thankful, because without them, I would have not been here.”
University Police Department Director Daniel Sanford expressed gratitude for the community and the case’s conclusion.
“As a close-knit university community, our thoughts and prayers continue to be with Jay Lee’s family and his many friends and loved ones, and we thank those that have supported our campus community during this difficult time,” Sanford said. “After more than three years, we’re grateful this case has reached a conclusion, and while nothing can erase the loss of Jay (Lee), we hope today’s outcome offers some measure of relief to those that loved him.”
District Attorney Ben Creekmore discussed the challenge the case initially presented, which the prosecution was eventually able to overcome.
“The one thing that we all knew from the legal side, as far as the ability to present dates of trial: This was a no-body homicide, there was no confession, there was no DNA,” Creekmore said. “That was like a smoking gun, and it was an uphill battle. We’ve got to prove our case beyond a reasonable doubt to a jury of 12, and we did that last year.”
Herrington’s first trial ended in a mistrial on Dec. 11, 2024. After nine and a half hours of deliberation, the jury failed to reach a unanimous verdict on a capital murder charge, with the possibility of alternative lesser verdicts. The jury reached a final guilty vote of 11-1.
Special prosecutor Gwen Agho, who joined the case after the first trial, believed that Herrington’s sentence provided the most justice the prosecution could achieve.
“When somebody dies, as a prosecutor, we’re looking at murder cases. We’re always asking ourselves, ‘What is justice?’ That’s the ultimate question,” Agho said. “When somebody loses their life, there’s never any type of real justice, and nothing can bring them back to life. But I think in this case, with the (sentence) we got, that we got as close to it as we could possibly get under the circumstances.”
Many university students attended the sentencing as well.
Hannah Morris, a sophomore criminal justice major from Olive Branch, Miss., said she had been following the trial since she came to Oxford. Morris attended Herrington’s sentencing to see the trial’s resolution and ensure it was handled correctly.
“First and foremost, I wanted to see justice for what happened to Jay Lee and the way that LGBTQ+ cases have been historically handled by the state of Mississippi,” Morris said. “Secondly, I saw this as a good opportunity to watch a criminal proceeding, especially one that I was familiar with. I really wanted to see how this case would be treated and handled.”
But in Morris’ view, Herrington’s 40-year sentence does not completely serve justice.
“I think that Herrington did receive an adequate sentence, but I personally think that, given the facts of the case, life in prison would have been more appropriate,” Morris said. “I understand why a plea deal was negotiated, but Herrington will likely still have a life to live when he gets out of prison. Lee is never coming back and won’t get that opportunity.”
Skyller Sling, a junior psychology major and fellow native of Olive Branch, Miss., agreed with Morris’ belief that the sentence was not enough.
“I do not think that Herrington received a proper sentence. It would have been much more appropriate for him to be in prison for the rest of his life but since he took a plea (deal), he’ll be out in his 60s,” Sling said.
Sling came to the sentencing to show her support as a member of the LGBTQ+ community. For Sling, Lee’s murder demonstrated the perils that being a part of the local LGBTQ+ community can bring but also the strength the community can have when it comes together.
“Having a strong community is something that is helpful in such events as this. LGBTQ+ students are affected by cases like this in so many ways. I know that for me, it has sometimes made going to events like Code Pink a little bit scarier,” Sling said. “However, such an unfortunate experience has brought so many people together and made our community stronger. It is so sad that such an event occurred, but the bond it has formed within the LGBTQ+ community in Oxford is wonderful.”
How we got here
Lee, a prominent member of the local LGBTQ+ community and candidate for Homecoming King in Fall 2021, was last seen leaving Campus Walk Apartments at 5:58 a.m. on July 8, 2022. Lee’s vehicle was found at a local towing company on July 11, 2022, after being towed from Molly Barr Trails apartment complex the night he went missing. Officials believe Lee was visiting someone at the Molly Barr Trails complex at the time of his disappearance.
On July 21, 2022, students and community members gathered at a “Hope Rally for Jay Lee,” organized by the UM Department of Social Work, the Associated Student Body and Lee’s family.
Herrington was arrested in connection with the case on July 22, 2022, after OPD canines “hit” in his apartment, which is supposed to indicate that there had once been human remains present in that location.
At a preliminary hearing on Aug. 9, 2022, the prosecution presented photos of Herrington leaving the Molly Barr Trails apartment complex on foot, the same location from which Lee’s vehicle had been towed. The prosecution also presented a receipt found in Herrington’s trash can for duct tape on the morning Lee had last been seen.
Most notably, Herrington’s text history was presented, which showed the Google search “How long does it take to strangle someone Gabby Petito.” The requested search occurred minutes before Lee arrived at Herrington’s apartment at his request. The prosecution alleged that Herrington and Lee had a sexual relationship.
On a bond hearing the same day, Lafayette County Circuit Court Judge Gray Tollison denied Herrington bond with the belief that he posed a flight risk. Following this, Herrington’s lawyer, state Rep. Kevin Horan, R-Grenada, filed a petition for a writ of habeas corpus in a lawsuit against Sheriff Joey East (in his official capacity), the officer who had detained Herrington. The constitutional writ of habeas corpus gives detainees who think they’ve been wrongfully detained the right to challenge their detainment before a judge. The petition failed.
Ultimately, after the state and Horan reached a deal, Herrington was released on bond for $250,000 on Dec. 1, 2022, on the condition that he wear a GPS device at all times and surrender his passport. The release led the Justice for Jay Lee organization and LGBTQ+ community members to gather in front of the courthouse on Dec. 12 to call on law enforcement to find Lee.
On March 28, 2023, a special grand jury indicted Herrington on a capital murder charge. A special grand jury differs from a regular grand jury in that the former is convened to hear only one case as opposed to many.
Herrington stood trial on Oct. 15, 2024. Evidence presented included messages and searches on various social media platforms that Herrington used, including Snapchat and Facebook. UPD finally succeeded in obtaining this data after initial struggles with various companies like Meta. The trial ended in a mistrial on Dec. 11, as the jury was unable to unanimously convict Herrington on any verdict with a guilty vote of 11-1. The sole dissenting juror was reportedly unable to convict on the basis that no body had been recovered.
On Feb. 3, The Daily Mississippian reported that human remains with a golden necklace with Lee’s name on it were found in Carroll County the prior weekend. Authorities were not immediately able to identify the remains but were able to match the necklace with one Lee wore in his social media posts.
The discovery of the remains, which had been significantly decomposed, led a grand jury on Feb. 7 to indict Herrington on charges of capital murder and tampering with evidence.
Moving forward
Jimmie Lee, the father of Jay Lee, expressed his belief that communication and technology companies like Apple hampered the investigation due to their privacy policies.
“You know, not all entities were, you know, in coherence together. … They’re so harsh with trying to protect your privacy, and sometimes that makes it a little hard. Truth be told, I don’t think Apple would have been responsible for my son’s death, but they are definitely responsible for his decaying body laying out there in that field. If they had only allowed the login information to be given, Timothy (Herrington) would have been found much quicker. (Herrington) would have been on the radar a lot quicker. He had a lot of time to do things that he needed to do to get rid of a lot of evidence and things of that nature,” Jimmie Lee said.
Jimmie Lee proposed a bill to the courtroom that he believes would have shortened the length of the Jay Lee investigation and trial. His proposal, which focuses on changing the law in a way he believes will help investigations, mirrors the impactful legacy the trial and Jay Lee will have on the legal system.
“I want to say we got too many of our American kids missing, and it’s hard to get answers,” Jimmie Lee said. “I’m asking for a bipartisan bill that would help assist in the search of an individual under the age of 21. This bill makes it illegal for a phone company, social media and any type of communication company to refuse usernames and passwords to law enforcement and parents or guardians of an individual 21 years of age or younger being missing.”
For Morris, the case sets a strong precedent for a marginalized community.
“I think that this case has had a major impact on LGBTQ+ students at Ole Miss and across Mississippi because we see ourselves reflected in Lee. We just want to live safely and Herrington ripped that away from one of our own,” Morris said. “I think this case also sets a precedent for how LGBTQ-related cases are handled, in that the result hopefully makes a positive improvement in how these cases are treated. Marginalized people are often overlooked and I hope that, despite the tragedy, this case will result in more publicity and recognition for marginalized victims.”
Del Bianco found that Jay Lee lived on through the support that the community provided after his disappearance, even when it seemed like the trial would not go in their favor.
“I know Jay Lee through the love, courage, and tenacity with which his friends fought for him and ardently refused to let this case go quietly. I’ll never forget what it felt like to stand on that courthouse curb beside them, or what it felt like to receive the news that Herrington had been released on bail, knowing he could see the names and faces of those of us demanding justice,” Del Bianco said.
In her address, Agho memorialized Lee through the recollection of meeting his family, which she said provided Lee with love and acceptance — two things she says Herrington tragically lacks.
“It was a blessing and privilege to be able to get close to the Lee family to see their love and acceptance … for Jay (Lee). They always just let him be himself,” Agho said. “They loved him no matter what, and I think that this is (not just) a tragedy for Jay (Lee) but also for the defendant, Tim Herrington, because if he had felt that same love and acceptance that Jay (Lee’s) family provided to him, then maybe we wouldn’t be here today.”
Aidan Poniatowski and Dylan Thomas contributed reporting.
