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Herrington Ask For Charge To Be Dismissed

The Defendant, Sheldon Timothy Herrington, Jr., has filed a motion to dismiss Count II of the indictment for tampering with physical evidence, arguing that the prosecution is barred by the statute of limitations. The indictment was returned over two and a half years after the alleged offense, and no arrest warrant was issued within the required two-year period. The motion is supported by Mississippi law stating that prosecution must commence within two years of the offense.

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36K views5 pages

Herrington Ask For Charge To Be Dismissed

The Defendant, Sheldon Timothy Herrington, Jr., has filed a motion to dismiss Count II of the indictment for tampering with physical evidence, arguing that the prosecution is barred by the statute of limitations. The indictment was returned over two and a half years after the alleged offense, and no arrest warrant was issued within the required two-year period. The motion is supported by Mississippi law stating that prosecution must commence within two years of the offense.

Uploaded by

aswarren77
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case: 36CI1:25­cr­00147 Document #: 12 Filed: 02/18/2025 Page 1 of 3

IN THE CIRCUIT COURT OF LAFAYETTE COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI

VS. CAUSE NO.: LK25-147

SHELDON TIMOTHY HERRINGTON, JR. DEFENDANT

MOTION TO DISMISS COUNT II OF THE INDICTMENT

COMES NOW the Defendant, Sheldon Timothy Herrington, Jr., by and through counsel, and

moves this Honorable Court to dismiss Count II of the indictment pursuant to Miss. Code Ann. §

99-1-5, and in support thereof would show unto the Court the following:

1. The Defendant was indicted by the Grand Jury of Lafayette County on February 7, 2025,

in a two-count indictment charging capital murder (Count I) and tampering with physical

evidence (Count II).

2. Count II alleges that the tampering offense occurred "on, about, or around July 8, 2022."

3. The original arrest warrant and affidavit in this case, dated July 22, 2022, charged only the

offense of murder and did not include any charge related to tampering with physical

evidence. See Attached here to as Exhibits A.

4. Mississippi Code Annotated § 99-1-5 provides that prosecution for the offense of

tampering with physical evidence must be "commenced within two (2) years next after the

commission thereof."

5. Under Mississippi law, as established in State v. Woodall, 744 So.2d 747 (Miss. 1999) and

recently reaffirmed in Toney v. State, 380 So.3d 343 (Miss. App. 2024), prosecution may

be commenced by either the return of an indictment or the issuance of an arrest warrant

specifically charging the offense.

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Case: 36CI1:25­cr­00147 Document #: 12 Filed: 02/18/2025 Page 2 of 3

6. The indictment in this case was not returned until February 7, 2025, more than two and

one-half years after the alleged tampering offense.

7. No arrest warrant or other charging document was issued within the two-year period

charging the Defendant with tampering with physical evidence.

8. Therefore, prosecution of Count II is barred by the statute of limitations.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that this

Court dismiss Count II of the indictment.

THIS the 18th day of February 2025.

Respectfully submitted,

SHELDON TIMOTHY HERRINGTON, JR.


Defendant

/s Aafram Y. Sellers
AAFRAM Y. SELLERS, MSB #100261
Attorney for Defendant

AAFRAM Y. SELLERS, MSB #100261


SELLERS & ASSOCIATES, PLLC
395 Edgewood Terrace Drive
Jackson, Mississippi 39206
Telephone: (601) 352-0102
[email protected]

Page 2 of 3
Case: 36CI1:25­cr­00147 Document #: 12 Filed: 02/18/2025 Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that I have this day electronically filed the foregoing with the Clerk of the

Court using the electronic filing system which sent notification to all counsel of record and via

email.

THIS the 18th day of February 2025.

/s Aafram Y. Sellers
AAFRAM Y. SELLERS, MSB #100261

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Case: 36CI1:25­cr­00147 Document #: 12­1 Filed: 02/18/2025 Page 1 of 2
Case: 36CI1:25­cr­00147 Document #: 12­1 Filed: 02/18/2025 Page 2 of 2

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