After nearly 10 hours of jury deliberation, a Lafayette County circuit judge declared a mistrial on Wednesday in the capital murder case trial of Sheldon Timothy Herrington Jr., a Grenada native accused of killing a fellow University of Mississippi graduate to preserve their secret sexual relationship.
Judge Kelly Luther’s ruling came around 8:25 p.m. after the jury informed him a second time that they were unable to reach an agreement. Both times, the jurors were gridlocked 11-1, and it is not known in which direction they were leaning as the judge told them to not say if they had more votes for a guilty verdict or acquittal.
“All right, I thank you for your effort,” Luther said. “You’ve been out nine and a half hours. I’m gonna declare a mistrial.”
The prosecution had built a circumstantial case against Herrington, arguing he was the last person to see Jimmie “Jay” Lee alive before the avid social media user stopped responding to texts and calls from family and friends on July 8, 2022. His body was never found. In October, a judge declared Lee legally dead at the request of his parents.
The first time the jury informed Luther they were gridlocked, around 3 p.m., they asked what would happen if they couldn’t reach a verdict. Luther ordered them back for further deliberations.
The second time, the judge asked for a show of hands if any jurors believed they could reach a verdict.
“I don’t want you tilting the windmills,” Luther said.
Luther then informed the defense and prosecution that he would entertain a motion for a new trial in the next few weeks and that he assumed, if the case returned to court, the two parties would once again seek a new venue from which to select a jury for the case.
“Just my mind reading the jury, I think we were hopelessly deadlocked,” Luther said.
Herrington will remain on bond.
READ MORE: Jury deliberations begin in trial of Ole Miss grad accused of killing Jimmie ‘Jay’ Lee
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