MEMPHIS, Tenn. — Days after the remains of Jimmie “Jay” Lee were found and identified in Mississippi, the man once accused of killing him will face a new charge.

Sheldon Timothy Herrington is now charged with capital murder and tampering with evidence according to a judge in Lafayette County Circuit Court on Tuesday and will also be arraigned Tuesday.

Herrington will be held without bond until his hearing on February 21 where he will be represented by a public defender.

He was indicted on February 7. The state is not prepared to say if they will seek the death penalty at that time.

Herrington was accused of killing Lee, a University of Mississippi student, to hide an alleged romantic relationship in 2022.

He went to trial in December, but a jury was unable to reach a verdict and a mistrial was declared.

Herrington has maintained his innocence. Oxford Police continued the investigation.

Lee’s remains weren’t found for nearly three years, until earlier this month. Wednesday, the Mississippi Crime Lab confirmed through DNA analysis that the remains belonged to Lee.