While the trial for the man accused of killing Jimmie “Jay” Lee nears, Lee has finally been declared dead by the Lafayette County Circuit Court.

In September, Lee’s parents, Jimmie and Stephanie Lee, filed a petition with the court to declare Lee “deceased and direct that a death certificate be issued.”

Circuit Court Judge Gray Tollison granted the order on Oct. 15 and ordered the release of an official death certificate from the state.

The order states, “That this Court has previously held that ‘the proof is evident and the presumption is great’ that Jimmie Dale Lee, Ill is deceased … That Jimmie Dale Lee, Ill is a person that has undergone a catastrophic event that exposed him to imminent peril or danger reasonably expected to result in the loss of life. Further, that it is uncontradicted that Mr. Lee’s absence since the event can not be satisfactorily explained after diligent search and inquiry by family, friends and multiple law enforcement agencies.”

Lee, 20, was last seen leaving his apartment at Campus Walk Apartments at about 6 a.m. on July 8, 2022. His body has not yet been recovered.

Sheldon “Timothy” Herrington Jr. was arrested on July 22, 2022, and charged with Lee’s murder. He was indicted on a capital murder charge and has been out on a $250,000 bond since December 2022.

Herrington’s trial is set to take place on Dec. 2 at the Lafayette County Courthouse.