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Lafayette County Sheriff Joey East, left, escorts Sheldon Timothy Herrington, Jr. into court for a bond hearing, in Oxford, Miss., Thursday, Feb. 27, 2025. (©Bruce Newman)

Aafram Y. Sellers, attorney for Sheldon Timothy Herrington, Jr., speaks before Judge Kelly Luther at a bond hearing for Herrington Jr., in Oxford, Miss., Thursday, Feb. 27, 2025. Bond was denied. (©Bruce Newman)

Judge Kelly Luther presides at a bond hearing for Sheldon Timothy Herrington, Jr., in Oxford, Miss., Thursday, Feb. 27, 2025. Bond was denied. (©Bruce Newman)

Prosecutor Gwen Agho, foreground, turns to the defense table as she addresses Judge Kelly Luther at a bond hearing for Sheldon Timothy Herrington, Jr., in Oxford, Miss., Thursday, Feb. 27, 2025. Bond was denied. (©Bruce Newman)

Sheldon Timothy Herrington, Jr., left, is escorted from a bond hearing, in Oxford, Miss., Thursday, Feb. 27, 2025. Bond was denied. (©Bruce Newman)

Sheldon Timothy Herrington, Jr., in orange, appears at a bond hearing, in Oxford, Miss., Thursday, Feb. 27, 2025. (©Bruce Newman)

A Lafayette County judge denied bond Thursday for Timothy Herrington Jr., the man accused of killing Ole Miss student Jimmie “Jay” Lee, following new charges stemming from the recent discovery of Lee’s remains.

Judge Kelly Luther ruled that Herrington will remain in custody at the Lafayette County Detention Center pending trial, citing the increased pressure on the defendant as justification for the decision.

“Mr. Herrington is not entitled to bond. My main concern is the pressure on Mr. Herrington has gotten worse. It’s justification for him not showing up,” Luther said in court. “It’s about as high as you can get.”

The bond hearing follows a Feb. 7 indictment by a Lafayette County grand jury, charging Herrington with tampering with evidence. Prosecutors allege that Herrington unlawfully destroyed, concealed, or removed Lee’s body, which was found in January buried in Carroll County—two and a half years after Lee’s disappearance on July 8, 2022.

Herrington was initially arrested in July 2022 and charged with Lee’s murder, but a trial held in December 2024 ended in a mistrial after jurors failed to reach a unanimous verdict, voting 11-1 for conviction. He has been free on a $250,000 bond since then, but prosecutors argued that the discovery of Lee’s body fundamentally changed the circumstances of the case.

Despite the new charges, the state confirmed in court Thursday that they will not be seeking the death penalty.

At the hearing, Herrington’s attorney, Aafram Y. Sellers, argued that the statute of limitations bars the tampering charge. Sellers filed a motion on Feb. 18 to dismiss the charge, claiming that since the body was moved in July 2022, and no charge for tampering with evidence was filed within two years, the charge should be dismissed.

Hinds County Assistant District Attorney Gwen Agho, a special prosecutor assigned to the case, said the location where Lee’s body was found aligns with Herrington’s known movements on the day of Lee’s disappearance.

Prosecutors further argued that the discovery of Lee’s remains, along with the clothing and jewelry he was wearing at the time of his disappearance—as well as a moving blanket and duct tape—further implicates Herrington.

Luther instructed the prosecution and defense attorneys to submit case law regarding when the statute of limitations begins for tampering with evidence. He stated he would rule after reviewing the cases, giving attorneys until March 7 to submit their arguments.

A new trial date has not yet been scheduled.

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