MEMPHIS, Tenn. — Both the defense and the state have rested their cases in the capital murder trial of Timothy Herrington Jr.
Tuesday morning after the prosecution rested its capital murder case, Herrington’s attorney quickly requested the trial be thrown out.
“The value of the evidence is not sufficient for this case to go forward on murder, capital murder or any other charge your honor,” Defense attorney Kevin Horan said.
Attorney Horan has from the beginning argued the State has no direct evidence that his client held Jimmie “Jay” Lee against his will or murdered him.
The State objected to Horan’s motion.
“Your honor, we have provided sufficient evidence to where a reasonable juror could determine Jay Lee was no longer alive,” Prosecuting Attorney Gwendoline Agho said.
The judge ruled against the motion for a directed verdict, saying evidence showed Lee was and is no longer alive.
“That he came to his death at the hands of Mr. Herrington,” Circuit Judge John Kelly Luther said. “The jury could see it that way (or) the jury could see it another way.”
The defense’s motion to have the case thrown out came after the State rested its case following the testimony of Oxford Police Chief Jeff McCutchen.
“From the moment we gave Tim Herrington the opportunity to tell the truth and he couldn’t,” McCutchen said. “He lied and we backed that up and we knew then it went from a missing person to a dead body.”
Tuesday, the defense called several character witnesses as well as the defendant’s father and grandfather to the stand.
Herrington decided to not testify in his own defense.
Court will resume on Wednesday at 8:30 a.m.
At that time, the judge will charge the jury and attorneys will present their closing arguments. Deliberations are expected to begin shortly after.