A judge on Wednesday declared a mistrial in the murder case against Sheldon “Timothy” Harrington Jr., who was charged in the 2022 death of Jimmy “Jay” Lee, a gay man who was a prominent figure in the LGBTQ+ community at the University of Mississippi , was accused of murder. Lee disappeared and his body was never found, but a judge declared him dead.
Jurors said they could not reach a verdict after deliberating for more than nine and a half hours. They were instructed to find Harrington either guilty of capital murder, first-degree murder, second-degree murder, or negligent homicide, or find him not guilty, according to the CBS affiliate. WREG Informed. According to the station, the judge said another location may be needed for Harrington's new trial.
Harington, 24, showed little emotion as he left the courtroom accompanied by his lawyers and several relatives. He is free on bond and is still charged with capital murder, which Mississippi law defines as a murder committed in conjunction with another crime – in this case, kidnapping. Prosecutors had said they would not seek the death penalty. If he is tried again and convicted, he could face life in prison.
Jurors were told Wednesday they could also consider the lesser charge of first-degree murder, which carries a life sentence; second-degree murder, 20 years' sentence; or murder, up to 20 years.
Circuit Judge Kelly Luther said she would consult with prosecutors and defense attorneys about starting another trial.
Bruce Newman/The Northeast Mississippi Daily Journal, via AP, Poole
Harrington and Lee both graduated from the University of Mississippi. 20-year-old Li was studying for a master's degree. According to a support group called Justice for Jay Lee, he was known for his creative expression through fashion and makeup and frequently performed in drag shows in Oxford.
Lee disappeared on July 8, 2022 in Oxford, where the university is located and the trial was held.
Police arrested Harrington two weeks after Lee disappeared. Investigators testified that they used a warrant to obtain electronic records, including explicit messages between the two men's social media accounts and online searches conducted by Harrington, including inquiries into whether anyone could be strangled. How much time does it take?
Prosecutors said during closing arguments Wednesday that Harrington and Lee had a sexual relationship that ended badly and Lee left Harrington's apartment. He said text messages showed that Harington, who was not openly gay, persuaded Lee to return with the promise of more sex. Prosecutors said Lee was murdered after returning.
District Attorney Ben Creekmore said, “Tim Harrington lied – lied to his family.” “He lied to Jay Lee to get her to be there, and promised to do something with him.”
Harrington's attorney, Kevin Horan, has said that prosecutors cannot prove that Lee is dead without a body. He told jurors Wednesday that the text messages show that Harrington did not invite Lee to his apartment.
Horan said of Lee, “He's the guy who is anchoring this particular conversation.”
Investigators testified that Lee, 20, has not contacted friends or family, and his financial transactions and social media posts have ceased since the day of his disappearance.
Police arrested Harrington two weeks after Lee's disappearance. Oxford Police Chief Jeff McCutchen testified Tuesday that officers interviewed Harrington twice that day and that he gave conflicting information about the hours before Lee disappeared.
McCutchen said authorities had already obtained explicit messages exchanged between Harrington and Lee's social media accounts during Lee's last hours alive before they interviewed Harrington.
Google records obtained through the warrant showed that Harrington searched “how long does it take to strangle someone” at 5:56 a.m., University Police Department Sgt. Benjamin Douglas testified last week.
McCutchen said Tuesday that the final text message from Lee's phone was sent to Harrington's social media account at 6:03 a.m. from a location near Harrington's apartment. A cellphone tower in another part of Oxford last saw a signal from Lee's phone just before 7:30 a.m., the police chief said. Investigators previously testified that a security camera captured Harrington leaving the parking lot a short time later, where Lee's car had been abandoned.
Police testified that on the day Lee disappeared, Harrington was seen on security cameras buying duct tape in Oxford and driving to his hometown of Grenada, about an hour south of Oxford.
Harrington's relatives sat behind her in the courtroom, and Lee sat behind the prosecutors. When Luther dismissed the court after a mistrial, he instructed the two groups to go separately.
Jurors were selected from another county about 250 miles south. They heard arguments and testimony for eight days.
The judge twice urged jurors to continue deliberations when he said they were deadlocked. After the third such message, Luther declared the case wrongful and thanked them for their service, adding: “I have asked much of you.”