Judge denies mistrial motion during Herrington murder trial on Saturday

Published 8:17 pm Saturday, December 7, 2024

Court continued over the weekend in the capital murder case against Timothy Herrington who is accused of killing Jimmie “Jay” Lee on July 8, 2022.

Minutes after court proceedings began on Saturday, Herrington’s attorney, Kevin Horan, moved for a mistrial.

Lafayette County circuit court judge Kelly Luther denied the motion and the case continued with most of the day spent on the cross-examination of former Oxford lieutenant Shane Fortner, who is now the Emergency Management Director for the city of Oxford.

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Fortner testified that no notable DNA evidence was recovered from any of the scenes he investigated.

Fortner said none of Lee’s DNA or clothing fibers were found in Herrington’s apartment when it was searched after Herrington was taken into custody on July 22, 2022. Fortner said it was likely due to two weeks passing between Lee’s disappearance and the apartment search.

Fortner also testified no DNA evidence or fibers were recovered from Herrington’s parents’ house, the box truck Herrington was seen driving around the day of the disappearance, or tools including a shovel and wheelbarrow he was seen loading into the truck.

Jurors will take a bus tour of the multiple scenes connected to the case Sunday and the trial will continue on Monday at the Lafayette County Courthouse.