Also firmly in Etutes corner were his attorney, Jimmy Turk, and Turks family. Turk cited two cases in Virginia where defendants facing second-degree murder charges were released on bail. Etute testified that he left the April 10 encounter still believing Smith was a woman, but teammates later began teasing him that his sexual partner could have been a man. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', Etute was in court Wednesday morning wearing an orange prison jumpsuit. On Wednesday, Etute was charged with second-degree murder, according to court documents reviewed by USA TODAY Sports. tude.cmd.push(function() { The defendant pleaded not guilty to charges of second-degree murder, claiming he acted in self-defense. Etute was 18 years old at the time. Smiths family was in attendance. Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. About Recently unsealed court documents indicate Isimemen Etute and three other Virginia Tech football players were under investigation for a possible hate crime in relation to Etute's murder charge. At his bond hearing on June 9, the judge granted Etute a $75,000 bond, which prosecutors originally appealed, but that was quickly dropped. He compared Etute, an "elite college athlete," to Smith, who weighed 153 pounds (just under 70 kilograms). Isimemen Etute, 19, was found. According to testimony given in court, 18-year-old Isimemen David Etute said he went to a Blacksburg apartment to meet Angie, a woman he connected with on Tinder. Isimemen Etute, 19, was found not . Turk got emotional arguing on Etutes behalf during the hearing, and fought to fight back tears during his closing argument, and again outside the courtroom. SistersInc. Ismemen David Etute, 18, is charged in the death of Jerry Smith, 40 Smith had posed as a woman named Angie on Tinder and had performed oral sex on Etute when they met in April, Etute's attorney . In April 2021, Etute matched with who he believed was a woman named "Angie" (whose legal name was Jerry Smith) on the dating app Tinder. divId: 'div-gpt-ad-rightrail-1', Freshman Isimemen Etute is facing a second-degree murder charge in the death of Jerry Smith, 40, on May 31. Turn on desktop notifications for breaking stories about interest. Judge Mike Fleenor, however, officially excluded the defense, which was banned in Virginia after Smith died. Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. }); !function(n){if(!window.cnx){window.cnx={},window.cnx.cmd=[];var t=n.createElement('iframe');t.display='none',t.onload=function(){var n=t.contentWindow.document,c=n.createElement('script');c.src='//cd.connatix.com/connatix.player.js',c.setAttribute('async','1'),c.setAttribute('type','text/javascript'),n.body.appendChild(c)},n.head.appendChild(t)}}(document); The Roanoke Times reports a jury acquitted Isimemen Etute on a second-degree murder charge for the death of 40-year-old Jerry Paul Smith.The jury reportedly deliberated for about three hours following the trial that lasted . Immediately after the verdict was announced, Smith's family quickly left the courtroom. Yes. The law states that juries could not consider such reactions as legitimate justification. He was the number 36 prospect in Virginia and 45 inside linebacker in the country, according to 247sports. This also trickled down into the young football star being suspended from both the Virginia Tech Hokies team and the university. Etute began to punch Smith repeatedly and stomped on him, Montgomery County Commonwealths Attorney Mary Pettitt said, as noted by WSLS. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name "Angie." (Smith's family has identified the victim as a gay man, according to ABC affiliate WSET, and Smith is not listed on the Human Rights Campaign's compendium of transgender and non-conforming people killed in 2021 .) Please subscribe to keep reading. Atutee has been charged and is currently being held in Montgomery County Jail without bond. divId: 'div-gpt-ad-rightrail-2', Email notifications are only sent once a day, and only if there are new matching items. Montgomery County General District Court Judge Randal Duncan set a secured bond of $75,000 for Isimemen Etute, 18, of Virginia Beach, but he will remain in jail after prosecutors filed an expedited appeal, news outlets reported. Etute was acquired Friday evening of second-degree Murder in the Killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. subcat: '', The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. He added that Smith had "demanded that it be dark" and had hidden a knife under his mattress "in case there was something awry.". Upon the prodding of friends who suspected Angie was a man, Etute returned to the apartment on May 31, 2021. "I think the school that ends up taking him is going to get probably a lot wiser and a much smarter and an exceptional athlete.". The sexual encounter reportedly occurred on April 10, 2021, in Smith's apartment. Listen ! According to testimony, Etute first connected with Smith in April 2021 on the dating app Tinder, with Smith posing as a woman going by the name "Angie Renee." Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. "They can be extremely useful, but they can be extremely dangerous. Once inside, Etute followed "Angie" to the bedroom and initiated another sexual encounter, before grabbing at the victims privates and removing their sweatshirt hood, which is when he found that his sexual partner had mens facial hair. I dont mind telling you that Im so fond of that young man, he who has been and who he is. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. Duncan acknowledged the seriousness of the allegations, but in granting bail he said there was no evidence that Etute wouldnt appear for the trial or that he posed a danger to the community. Its sad All the way around. At one point during Wednesdays bond hearing, Turk reportedly asked Etute clad in an orange prison jumpsuit how he had been impacted by the charges. baseDivId: 'pb-slot-right-1', Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. Dont target or lure anyone under that perception. She was eventually acquitted in 2018 on charges of voluntary manslaughter. } Today's top videos STORY CONTINUES BELOW According to CBS News, Smiths family promptly exited the room. Isimemen Etute, 21, entered a plea of not guilty at Thursday's arraignment for the 2021 murder of Jerry Smith, 40, according to NBC Roanoke affiliate WSLS. Etute testified that if he determined Smith was a woman, another sexual encounter might have occurred, but that if he determined Smith was a man, he planned to flee the apartment. Check out never-before-seen content, free digital evidence kits, and much more! CHRISTIANSBURG, Va. -- Former Virginia Tech football player Isimemen Etute was found not guilty of all charges Friday in the beating death of a Blacksburg resident following an online catfishing scheme. The Commonwealth initially appealed the judges ruling, but Etute was granted bond later on Wednesday. }); window.tude = window.tude || { cmd: [] }; Jensen said that while Etute was wearing flip-flops at the time of the encounter, those shoes were attached to a "big person" and a "strong person." }); EVENTS The then 18-year-old was accused of fatally beating Smith, an openly gay man who had posed as a woman on the dating app Tinder to initiate a sexual encounter. }); window.tude = window.tude || { cmd: [] }; Ismemen David Etute of Virginia Beach was arrested and charged with second-degree murder June 2 in the death of Smith, a Blacksburg restaurant worker. In closing arguments Friday, the prosecution said Etute's recollection of events did not include a reach toward the area where the knife was hidden until after he'd been charged with murder. Last week, Etutes attorney had filed a motion to use a gay and trans panic defense, a legal strategy that aims to get defendants more lenient sentences by claiming their violent actions were an uncontrollable response to learning a victims sexual orientation or gender identity. In the case of a felony arrest, the university has the authority to place a student on immediate interim suspension, Virginia Tech said in the statement. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. According to testimony, Etute first connected with Smith in April 2021 on the dating app Tinder, with Smith posing as a woman going by the name "Angie Renee." Etute was arrested June 2, 2021, and charged with the May 31 murder of Jerry Smith, a local Blacksburg man who had posed as a woman online to meet straight, college-aged men. UPDATE 6:14 p.m.: The Virginia Tech football player facing a second-degree murder charge, Isimemen Etute, will be allowed out on bond under a new agreement. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. Etutes parents declined to comment after the hearing. Prior to the incident, In 2020, Virginia Tech recruited the 63 185LB athlete from Cox High in Virginia Beach. The jury deliberated for approximately . He referred questions to his boss, Commonwealths Attorney Mary Pettitt. TheNew York Postoffered an account given by Isimemen Etute to authorities through Assistant Commonwealths Attorney Jason Morgan. Turk, Etute's lawyer, made arguments that Etute could not be convicted of second-degree murder because there was no malice in his actions and that he should be found not guilty by reason of self-defense, based on his fear that Smith had hidden a weapon. Smith did not own a gun, but police reported finding a knife between the man's mattress and box spring. CASEY: Does an election denialist now oversee Roanokes elections? Women of Power TECH, PODCASTS Watch Isi Etute's videos and highlights on Hudl. Etute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. Etute was accused of beating his Tinder date Jerry Smith to death after mistaking him for a woman last year. Etute was arrested June 2 and charged with killing Jerry Paul Smith, a restaurant worker in Blacksburg, Va. All the bones in Smiths face were broken, teeth were missing and he suffered cranial fractures, an autopsy report revealed. The suspended Virginia Tech football player is scheduled to stand trial in May. CHRISTIANSBURG Former Virginia Tech football player Isimemen David Etute and his parents, Nichelle and David, issued a statement to The Roanoke Times on Saturday through his defense attorney Jimmy Turk. The prosecuting attorney, Montgomery County Chief Deputy Commonwealth's Attorney Patrick Jensen, declined comment and referred questions to his boss, Commonwealth's Attorney Mary Pettitt. Etute, according to court arguments, reportedly told police he had punched Smith five times in the face and stomped on him after discovering the person he thought was a woman was a man. CHRISTIANSBURG Former Virginia Tech football player Isimemen David Etute and his parents, Nichelle and David, issued a statement to The Roanoke Times on Saturday through his defense. Etute, a Virginia Tech freshman linebacker at the time of the incident in May 2021, had been charged with second-degree murder, which carries a sentence of five to 40 years, and the jury could have convicted him on the lesser charge of voluntary manslaughter. Former Virginia Tech football player Isimemen Etute was found not guilty of all charges Friday in the beating death of a Blacksburg resident following an online catfishing scheme. Get the latest in local public safety news with this weekly email. Etute also told police that Smith did not assault him. Make A Statement. The questions Turk had for Isi Etute were of a similar nature. The story received widespread attention when the news first broke of the incident in 2021. Etute was granted bond in a hearing Wednesday morning in Montgomery County General District Court, but Chief Deputy Commonwealths Attorney Patrick Jensen filed an expedited appeal that would have kept Etute in jail for up to five more days. Let this be a lesson, wrote one fan on Instagram. Turk also said Smith was "controlling the entire environment and the entire episode." Ive tried more than 100 murder cases in my lifetime, and normally I dont even ask for bail, Turk told the judge with his voice quivering. tude.refreshAdsViaDivMappings([ { On July 1, 2021 -- just more than a month after Smith's death -- Virginia passed a bill restricting the use of the so-called gay panic defense, in which a defendant accused of homicide could receive a lesser sentence by saying they panicked after finding out the victim's sexual orientation or gender identity. "I think the school that ends up taking him is going to get probably a lot wiser and a much smarter and an exceptional athlete.". The American Nigerian, Isimemen Etute, 19, was found not guilty of a charge of second-degree murder in the 2021 death of Jerry Smith, 40, of Blacksburg. Isimemen Etute, 18, was released on a $75,000 bond. kw: 'mandc,isimemen-etute', Turk, Etute's lawyer, made arguments that Etute could not be convicted of second-degree murder because there was no malice in his actions and that he should be found not guilty by reason of self-defense, based on his fear that Smith had hidden a weapon. ", Former Hokie Etute found not guilty of murder, The final 2022 college football Power Rankings, Police: Speed a primary cause in fatal UGA crash, U-M's Weiss on leave amid police investigation, Reports: UF QB commit Rashada wants release, Miami QB Garcia in portal, has 3 eligible seasons, TCU WR Johnston, RB Miller entering NFL draft, Potential top-5 pick Stroud leaving OSU for NFL, Star Trojans WR Addison declares for NFL draft, Colorado QB Shrout leaves Deion, heads to portal, College football's Way-Too-Early Top 25 for 2023, What Garrett Riley's big move means for Clemson, Dabo and TCU, Ex-Va. Tech player pleads not guilty to murder, Sugar Bowl moved to Dec. 31 to avoid NFL game, Georgia set to extend Kirby Smart's contract. A judge granted a bond to Etute under a new agreement on Wednesday, June 9, 2021. WDBJ is reporting Isimemen Etute is charged with second-degree murder for the death of Jerry Smith, 40, of Blacksburg, Virginia, who was found dead in his apartment June 1 from blunt force trauma . Im truly sorry for my actions.. pos: 'right_rail_2', Etute testified that he then believed Smith reached for a weapon under his bed, causing Etute to strike Smith with a fist several more times. page_type: 'article', pos: 'right_rail_1', Etute and his parents headed home for Virginia Beach on Saturday morning to take a deep breath.. He has since been suspended from the Virginia Tech football squad, the university said in a Wednesday statement. It has made us stronger and strengthened our faith., We will continue to include the Smith family in our prayers. One of the prosecutors said at closing arguments Friday that Etute gave different versions of events to police and the jury, and that the charge may have been enough for him to change his testimony. pos: 'right_rail_3', It reminded of him of past incidents of discrimination he had witnessed, most notably a beating that left an interracial gay couple hospitalized shortly after he moved to Roanoke in 2001. That means hes been found not guilty.. env: 'prod', With Isimemen Etutes fate held in the balance by a Virginia judge and jury, the young man began to feel support from family, friends, and former teammates. A former Virginia Tech student and football player can now breathe the most enormous sigh of relief. 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Theres a long history in the masculine world we live in to say I dont want to be perceived as gay, or feminine or weak or less than, Cobb said. Tyreses Daughter Shayla Gibson Is Now 14-Years-Old, Singer Is Sending Her Off To High School With A Brand New Rolls Royce, Power Was A Highly Successful Series That Led To Multiple Spin-Offs, However Omari Hardwick Claims He Didnt Make Much Money. Email notifications are only sent once a day, and only if there are new matching items. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! I was just shocked and in disbelief that someone had tricked me and lied to me.. I hope its not just about his ability to return to football, which I know is an important thing, but I hope it will include him learning and advocating to the LGBTQ community and deterring these sorts of incidents from ever happening again, Cobb said. Link your TV provider to stream full episodes and live TV. The former Virginia Tech football player accused of beating a Tinder date to death after mistaking him for a woman was acquitted of second-degree murder Friday. Etute was later released on bond while placed on house arrest. The last request came in December 2021. kw: 'mandc,isimemen-etute', Prosecutors say the suspended Virginia Tech football linebacker beat Smith with his bare hands - breaking every bone in Smith's face - after learning the victim, who he'd met on . Isimemen Etute, a former Virginia Tech football player accused of fatally beating a man who he claims he thought was a woman from Tinder, has . He is required to live with his family and wear an ankle monitor. Sign up forOxygen Insiderfor all the best true crime content. Isimemen Etute, his legal team, and his family were relieved when the not guilty verdict was revealed, which sent everyone into a happy emotional state. targeting: { The college student had no prior criminal history. I started when I was 16 and I haven't looked back. Isimemen Etute, a Virginia Tech student now suspended from the university and its football team, is. The two engaged in sexual activity with Etute not aware of Smiths sexual identity. B.E. Former Virginia Tech football player Isimemen David Etute describes an altercation during his murder trial in Montgomery County Circuit Court in Christiansburg, Va., Thursday, May 26 2022. There are different standards, and they can determine that this case violates federal law.. He was suspended from the squad last week. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. Morgans arguments came after testimony from Etute and his mother Michelle. ABOUT But, a true NYC native. Hampton and Smith then both made contact with Etute, with Smith encouraging Etute to "put in a good word" with his teammate. He has been suspended from the team, according to a statement from the university, which has authority to suspend any student charged in a felony arrest. The two sides later Wednesday came to an agreement to release Etute on a $75,000 secured bond under house arrest and electronic monitoring, according to a release put out by Commonwealths Attorney Mary Pettitt. A statement from Virginia Tech said Etute was a member of the football team but, has been suspended from the team, effective immediately.. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported.. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters. The linebackers team profile was not active Thursday. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. This is me Follow. However, this time he would be surprised to discover that Angie Renee was really a 40-year-old man restaurant employee named Jerry Smith. Two of the defendant's friends waited in the hallway of the apartment complex during the violent attack and the three left together. Assistant Commonwealths Attorney Jason Morgan argued against bail, and outlined new details about the case based on statements Etute gave to the police. Etute was a three-star linebacker recruit from Frank W. Cox High School in Virginia Beach and signed his letter of intent in December before enrolling at Virginia Tech the next month. A suspended Virginia Tech football player charged with second-degree murder was granted bond during a hearing Wednesday morning in Montgomery County General District Court in Christiansburg, Va., as reportedly sordid details emerged surrounding the case. Teams. The attackers in that case were identified, but never charged. cnx.cmd.push(function() { targeting: { Etutes parents and sister attended the hearing in a packed courtroom that also included members of the Hokies football team, according to reports. Privacy Policy Smith eventually died from blunt force injuries to the head. Get browser notifications for breaking news, live events, and exclusive reporting. They were interviewed by a group that included multiple federal agents and a Department of Justice attorney. Along with teammate Da'Shawn Elder, Etute went to Smith's Blacksburg apartment on April 10 under the assumption that he was meeting a woman. A Virginia Tech football recruit is in jail facing murder charges for beating his Tinder date to death after learning he was a man and not the woman he met online. Plays Football. According toThe Roanoke Times, attorney Jimmy Turk argued that Etute was the real victim.. Isi Etute; Add Athlete Photo. Like seriously just be honest, there are plenty of men who dont mind, another wrote. The gay panic defense came into effect July 1 and quite frankly, I dont believe that it would have been applicable to the facts of this case anyway because thats not what led to the death, Turk said. Quite frankly, I dont think it was applicable anyway, under the facts of the case, Turk told Oxygen.com. Etute testified that if he determined Smith was a woman, another sexual encounter might have occurred, but that if he determined Smith was a man, he planned to flee the apartment. "It should be an eye-opener not just for college athletes, but any young people using these social media platforms," Turk said. Etute was born in 2003, considering he is only 18 years old. "I'm certainly appreciative that the verdict turned out the way that it did . div_id: 'div-gpt-ad-rightrail-2', Turk also argued that police didn't ask Etute essential questions about Smith's knife or Etute's fear while in the apartment, two questions whose answers could have shown whether Etute was afraid for his life and acting in self-defense. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. }).render('3811c1c9bba941ecb6c4a456cf0ac0f7'); You can cancel at any time. Turks response to Morgan outlining the circumstances of the case was to emphasize that the victim solicited Etute for sexual activity. Juries could not consider such reactions as legitimate justification corner were his attorney Wednesday statement apartment... 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