Circuit Court Judge Kelly Luther opened court this morning by reading jury instructions. He informed the jury that they have several options to consider when deliberating.

Timothy Herrington is charged with the capital murder of Jimmie “Jay” Lee in July 2022. Capital murder is when a murder is committed during the court of another felony. In this case, the state claims that the crime to be kidnapping.

The jury could also find him guilty of first-degree murder, second-degree murder or manslaughter culpable negligence causing Lee’s death while “engaging in dangerous sexual activity.”

The jury could also find him not guilty of the crime.

District Attorney Ben Creekmore presented the closing argument for the state, taking about 45 minutes to go over the state’s evidence.

Defense attorney Kevin Horan also spoke for about 45 minutes, focusing heavily on the chat conversations between the two men.

On rebuttal, Assistant Attorney Gwen Agho spoke for about 20 minutes in response to Horan’s arguments.

The jury deliberated at 11 a.m.