OXFORD, Miss — The suspect in the murder of an Ole Miss student in July has filed a wrongful imprisonment lawsuit against the Lafayette County Sheriff, saying there is not enough evidence warranting him being held without bond in jail.
Sheldon Timothy Herrington Jr., charged with first degree murder in Jimmie "Jay" Lee's death, filed the suit Monday.
The lawsuit outlines the events that led to Herrington's arrest on July 22, when Oxford Police questioned him and obtained a search warrant to go through his apartment with cadaver dogs.
According to the lawsuit, detectives testified the dogs alerted them to the presence of a body, but no body was found. On cross-examination in court, the detective with Oxford Police said he could not recall the specifics as to how the dogs were qualified to be cadaver dogs, and did not comment on whether the dogs were trained for search and rescue, or to find human remains.
The officer also said there was no confession or admission of guilt from Herrington when he was arrested, and no physical evidence connecting him to Lee's disappearance and death.
Investigators are still looking for Lee's body.
The Lafayette County Grand Jury did not indict Herrington on any charge related to Lee's death when they convened in August.
The lawsuit argues Herrington being held without bond is in violation of Mississippi law, saying there is no evident proof or great presumption that Herrington committed the crime, and since he has no prior criminal record.
Herrington is asking for a Writ of Habeus Corpus, or, an affirmation of his constitutional right to personal freedom, which would allow for his release on a reasonable bail prior to a hearing.
Currently there is no court date set for the lawsuit to be heard.
You can read the full lawsuit here:
