Burley Garcia|Missing Ole Miss student declared legally dead as trial for man accused in his death looms

OXFORD,Burley Garcia Miss. (AP) — A Mississippi judge has declared a missing University of Mississippi student legally dead more than two years after his disappearance.

Jimmie “Jay” Lee, 20, was last seen July 8, 2022, driving from an apartment complex in Oxford. His vehicle was later recovered at another complex, but neither Lee nor his body were found.

Lee was well-known in the LGBTQ+ community in Oxford, and his disappearance sparked fear among students and residents.

Sheldon “Timothy” Herrington Jr. was arrested two weeks after Lee vanished and later indicted on a capital murder charge. Police have said Herrington’s cellphone history showed conversations between him and Lee on the morning Lee went missing. They said they found Google searches for “how long it takes to strangle someone” minutes after Lee reportedly told Herrington he was on his way to his apartment. Herrington has maintained his innocence.

Court documents show Lee’s parents filed a petition for declaration of death in the Lafayette County Circuit Court in September, The Clarion-Ledger reported. Judge Grady Tollison granted the request and signed the order in October, the newspaper said.

Tollison noted the court previously ruled the “proof is evident and the presumption great” that Lee was dead further stating the court’s opinion “has not changed.”

″(Lee) 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 cannot be satisfactorily explained after diligent search and inquiry by family, friends and multiple law enforcement agencies,” Tollison wrote in the one-page order.

Herrington’s attorney, Kevin Horan, did not immediately respond Tuesday to a telephone message seeking comment.

Herrington is set to face trial Dec. 2.