Judge declares mistrial after jury deadlocks over killing of gay University of Mississippi student

A judge declared a mistrial Wednesday in the case of Sheldon “Timothy” Herrington Jr. in the 2022 killing of Jimmy “Jay” Lee, a gay man who was prominent in the LGBTQ+ community at the University of Mississippi.

Jurors said they were unable to reach a verdict after over nine and a half hours of deliberation.

Lee’s body has never been found, but a judge declared him dead.

Herrington, 24, showed little emotion as he left the courtroom with his attorneys and several relatives. He remains free on bond and is still charged with capital murder, which Mississippi law defines as a killing committed along with another felony — in this case, kidnapping. Prosecutors had said they would not seek the death penalty. He faces life in prison if he is tried again and convicted.

Jurors on Wednesday were told they could also consider lesser charges of first-degree murder, punishable by life in prison; second-degree murder, 20 years to life; or manslaughter, up to 20 years.

Circuit Judge Kelly Luther said he will consult with prosecutors and defense attorneys about setting another trial.

Both Herrington and Lee had graduated from the University of Mississippi. Lee, 20, was pursuing a master’s degree. He was known for his creative expression through fashion and makeup and often performed in drag shows in Oxford, according to a support group called Justice for Jay Lee.

Lee disappeared July 8, 2022, in Oxford, where the university is located and the trial was held.

Police arrested Herrington two weeks after Lee vanished. Investigators testified that they used warrants to obtain electronic records including explicit messages between social media accounts belonging to the two men and online searches conducted by Herrington, including one inquiring how long it takes to strangle someone.

Prosecutors said during closing arguments Wednesday that Herrington and Lee had a sexual encounter that ended badly and Lee left Herrington’s apartment. They said text messages showed that Herrington, who was not openly gay, persuaded Lee to return with the promise of more sex. Prosecutors said Lee was killed after going back.

“Tim Herrington lived a lie — lived a lie to his family,” District Attorney Ben Creekmore said. “He lied to Jay Lee to coax him over there, promising to do something with him.”

Herrington’s attorney, Kevin Horan, has said prosecutors cannot prove Lee is dead without having a body. He told jurors Wednesday that text messages showed Herrington did not lure Lee to his apartment.

“He’s the one that’s being dominant anchoring this particular conversation,” Horan said of Lee.

Lee, 20, has not contacted friends or family, and his financial transactions and once-prolific social media posts have stopped since the day he disappeared, investigators testified.

Police arrested Herrington two weeks after Lee went missing. Authorities interviewed Herington twice that day, and he gave conflicting information about the hours before Lee vanished, Oxford Police Chief Jeff McCutchen testified Tuesday.

Before officers interviewed Herrington, they had already obtained explicit messages exchanged between social media accounts belonging to Herrington and Lee during the final hours Lee was known to be alive, McCutchen said.

Google records obtained through a warrant showed that Herrington searched “how long does it take to strangle someone” at 5:56 a.m., University Police Department Sgt. Benjamin Douglas testified last week.

The final text message from Lee’s phone was sent to a social media account belonging to Herrington at 6:03 a.m. from a spot near Herrington’s apartment, McCutchen said Tuesday. A cellphone tower in another part of Oxford last located any signal from Lee’s phone shortly before 7:30 a.m., the police chief said. A security camera showed Herrington moments later jogging out of a parking lot where Lee’s car was abandoned, investigators testified earlier.

On the day Lee vanished, Herrington was also seen on security cameras buying duct tape in Oxford and driving to his own hometown of Grenada about an hour south of Oxford, police have testified.

Herrington's relatives sat behind him in the courtroom, and Lee's sat behind prosecutors. When Luther dismissed court after the mistrial, he instructed the two groups to leave separately.

Jurors were chosen from another county about 250 miles (402 kilometers) to the south. They heard eight days of arguments and testimony.

The judge twice urged jurors to continue deliberating when they said they were deadlocked. After the third such message, Luther declared the mistrial and thanked them for serving, adding: “I’ve asked a lot of you."

Sheldon "Timothy" Herrington Jr., foreground, who was on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, and his defense team leave court after a mistrial was declared, at the Lafayette County Courthouse in Oxford, Miss. on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool)

Sheldon "Timothy" Herrington Jr., center, who was on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, and his defense team leave court after a mistrial was declared, at the Lafayette County Courthouse in Oxford, Miss. on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool)

Sheldon "Timothy" Herrington Jr., center, who was on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, joins family as they leave court after a mistrial was declared, at the Lafayette County Courthouse in Oxford, Miss. on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool)

Judge Kelly Luther presides over the case of Sheldon Timothy Herrington Jr., who is on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, at the Lafayette County Courthouse in Oxford, Miss., Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal via AP, Pool)

Sheldon Timothy Herrington Jr., center, who is on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, talks with his attorneys as the jury deliberates on the case, at the Lafayette County Courthouse in Oxford, Miss. on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal via AP, Pool)

Sheldon Timothy Herrington Jr., who is on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, sits at the defense table as the jury decides the case, at the Lafayette County Courthouse in Oxford, Miss., Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal via AP, Pool)

Sheldon "Timothy" Herrington Jr., who is on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, leaves the courtroom as the jury is sent back for further deliberations, at the Lafayette County Courthouse in Oxford, Miss. on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool)

Sheldon "Timothy" Herrington Jr., who is on trial for the murder of University of Mississippi student Jimmie "Jay" Lee, gets up from the defense table as the jury is sent back for further deliberations, at the Lafayette County Courthouse in Oxford, Miss., on Wednesday, Dec. 11, 2024. (Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Pool)

Stephanie Lee talks with family during the capital murder trial of Sheldon Timothy Herrington Jr., who is charged in the 2022 death of her son, Jimmie "Jay" Lee, in Oxford, Miss., on Friday, Dec. 6, 2024. (Antonella Rescigno/The Daily Mississippian via AP, Pool)

Sheldon Timothy Herrington Jr., who is on trial in the 2022 death of University of Mississippi student Jimmie "Jay" Lee, enters the Lafayette County Courthouse in Oxford, Miss., Friday, Dec. 6, 2024. (Antonella Rescigno/The Daily Mississippian via AP, Pool)

WASHINGTON (AP) — U.S. Commerce Secretary Howard Lutnick said Thursday in a television interview that President Donald Trump will “likely” suspend 25% tariffs on Canada and Mexico for most products and services for a month, broadening an exemption that was granted on Wednesday only to autos.

In an interview on CNBC, Lutnick said the one-month delay in the import taxes “will likely cover all USMCA-compliant goods and services,” referring to the trade agreement Trump negotiated in his last term that replaced NAFTA. Lutnick estimated that more than half of what the U.S. imports from those two countries would be eligible for the exemption.

Lutnick’s comments came as Trump’s on-again, off-again tariffs threats have roiled financial markets, lowered consumer confidence, and enveloped many businesses in an uncertain atmosphere that could delay hiring and investment. Lutnick emphasized that reciprocal tariffs, in which the United States applies import taxes on countries that tariff U.S. exports, will still be implemented April 2.

U.S. markets bounced of their lows for the day shortly after Lutnick spoke.

Also Thursday, Canadian Prime Minister Justin Trudeau indicated that he expects his country will be in a trade war with the United States for the foreseeable future.

Trudeau said the broader month-long pause “aligns with some of the conversations that we have been having with administration officials.”

The Canadian leader said the move by the Trump administration was a “promising sign,” but it also “means that the tariffs remain in place and therefore our response will remain in place.”

Lutnick also said in the interview that if the two countries don't make enough progress limiting the shipment of fentanyl into the United States, the 25% tariffs could be re-applied in a month as well.

“Hopefully we will announce this today — USMCA-compliant goods will not have a tariff for the next month until April 2nd,” Lutnick said. “Hopefully Mexico and Canada will have done a good enough job on fentanyl that this part of the conversation will be off the table, and we’ll move just to the reciprocal tariff conversation. But if they haven’t, this will stay on.”

Lutnick added that Trump is expected to speak with Mexico’s president Claudia Sheinbaum later Thursday and could make an announcement afterwards.

Mexico and Canada have “done a good job offering us ever more work" to show that they are moving to combat shipments of fentanyl, a key demand Trump has made in return for permanently removing the 25% duties.

But Lutnick suggested that the number of U.S. fentanyl overdose deaths will be the key metric the administration will focus on when determining whether Canada and Mexico have done enough.

“We need to see fentanyl deaths decline, that is the metric I am focused on," he said.

Secretary of Commerce Howard Lutnick speaks with reporters after President Donald Trump addressed a joint session of Congress at the Capitol in Washington, Tuesday, March 4, 2025. (AP Photo/Ben Curtis)