OXFORD, Miss.–The state will not seek the death penalty in the upcoming trial of Timothy Herrington, Jr., of Grenada, on charges he murdered Ole Miss student Jimmy “Jay” Lee and dumped his body in the McCarley area of Carroll County in July 2022.
But, Herrington will remain in jail.
He’s charged with capital murder, meaning now that the most he could receive would be life in prison.
Herrington’s new attorney, Aafram Sellers asked the judge last week to throw out the evidence tampering charge related to Lee’s body having been found Feb. 1, on the grounds that a time limit of two years has passed.
The judge has not yet ruled on that motion.
Herrington’s first trial, which was before Lee’s body had been found, was late last year and ended in a mistrial, with 11 jurors voting guilty.
