A mistrial has been declared after a Mississippi jury deliberated more than nine hours, trying to decide whether Timothy Herrington murdered  Jimmy “Jay” Lee, an Ole Miss student who disappeared in July 2022.

Lee, an active member of Oxford’s LGBTQ+ community, disappeared on July 8, 2022. Herrington was arrested and charged with capital murder two weeks later.

Despite extensive searches, Lee’s body was never found. Herrington was indicted on a capital murder charge and has been out on a $250,000 bond since December 2022.

After deliberating for nine hours, a 12-person jury failed to agree on a verdict. Circuit Court Judge Kelly Luther ruled the trial a mistrial and thanked the jurors for their service.

The jury went into deliberations at 11 a.m. At about 1 p.m., they asked the judge what would happen if they can’t agree. The judge told them to keep deliberating. Around 5 p.m., the jury came into the courtroom and told the judge they did not think they could come to an agreement on a verdict.

Luther asked the jury to tell him a count, but not to mention how people were voting or for what verdict. A juror told Luther it was 11 to 1.

Luther told them again to keep at it. The jury returned just before 9 p.m. and told the judge they could not come to an agreement.

Luther asked if the numbers had changed and a juror told Luther they did not.

Luther asked if any jurors felt there was any chance of reaching a verdict with more time and the jurors shook their heads. Luther then ruled the trial a mistrial.

He informed the state to contact the Circuit Court Clerk’s Office about scheduling a new trial “sometime in the future.”

Herrington was allowed to remain out on his original $250,000 bond and leave the courthouse with his family. The eight-day trial started on Dec. 3 with the state presenting most of the witnesses.

Following the prosecution’s case, the defense called four witnesses on Tuesday, including a customer of a moving company, as well as Herrington’s cousin, father, and grandfather. Herrington did not take the stand in his defense.

Prosecutors claimed that Herrington lured Lee to his apartment on July 8 after a series of text exchanges. Prosecutors presented conversations between the two men and Google searches by Herrington that included, “How long does it take to strangle someone.”

The defense highlighted the lack of physical evidence, including DNA or a crime scene, and argued that the prosecution’s case relies on speculation.