This story initially stated that Tim Herrington filed a lawsuit against the Lafayette County Sheriff’s Department. It has been corrected to reflect that a motion was filed, not a lawsuit.

MEMPHIS, Tenn. (WREG)– The man charged with the murder of University of Mississippi graduate Jimmie “Jay” Lee claims he is illegally being held in jail, according to a motion filed against the Lafayette County Sheriff’s Department this week.

Tim Herrington, who is charged with first-degree murder in connection to Lee’s disappearance, was arrested on July 22 and is currently in the Lafayette County Jail without bond.

“The fact they didn’t give him a bond is truly a honor. It’s a great feeling,” said Lee’s sister Tayla Carey when we spoke to her during the initial bond hearing.

The motion seeks to bring Herrington before a judge once again.

“We’re pleading. We’re begging and I say that in the most humble way ever and sincere most of all and the judge and the court system grants my brother a bail,” said Herrington’s older brother Tevin Coleman.

Lee was last seen on July 8 leaving the Campus Walk Apartments in Oxford, Mississippi. It was believed that he was visiting someone at Molly Bar Trails Apartments around the time he went missing.

In court, detectives said surveillance videos captured Herrington leaving the Molly Bar Trails Apartments after reportedly driving Lee’s car and leaving it there. They also said cadaver dogs alerted officers there was a body in the area when they searched his apartment.

Body fluids were also found in the back of a moving company’s box truck that Herrington drove to Oxford before taking it back on the morning on July 8.

According to the motion, detectives admitted that there was no confession, admission, and no physical or direct evidence to present at the time that implied Herrington’s involvement in Lee’s disappearance.

The motion further claims they could not comment on the qualifications of the cadaver dogs or their handlers.

It also alleges the case against Herrington is circumstantial since Lee is still missing and there is no direct evidence that a homicide or any other crime has been committed.

“I do not believe my brother killed Jimmy Jay Lee,” said Coleman. “Based upon the person that I have known the last 22 years. Well-mannered, leader, caring person, and non-confrontational.”

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