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. }); window.tude = window.tude || { cmd: [] }; targeting: { The argument wasnt made by the attorneys on either side. baseDivId: 'pb-slot-right-1', In 2021, 18-year-old Isimemen Etute thought he met a 21-year-old woman named Angie Renee, posing as an emergency room physician, according toThe Roanoake Times. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. The courtroom was packed as Judge Randal Duncan excluded cameras from the courtroom at the start of the proceeding. The order restricts Etute from returning to Montgomery County except to consult with his attorney or to attend court proceedings. The young man met Smith under the name Angie while on the Tinder dating app. He referred questions to his boss, Commonwealths Attorney Mary Pettitt. The suspect in the killing faces a prelimary hearing in Montgomery County September 23. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', 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. Create your free profile and get access to exclusive content. Someone is waiting for you. Hes going to get his life back, and Im hopeful, Turk said. He has been required to remain at his parents house in Virginia Beach and is not allowed to leave the state. Etute testified that Smith was still breathing when he left, and the state's forensic detective testified the entire attack likely took only a few seconds. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Ukraine's interior minister, at least 14 others killed in Kyiv helicopter crash, was acquitted Friday evening of second-degree murder, Business cycle: Ex-Burlington Coat Factory location considered by home decor company, Roanoke Wasena Bridge project update: log cabin to be removed, replaced by roundabout, Case of Radford child's many hospital visits ends with Alford plea, Former Blacksburg coach Mickey McGuigan remembered for his 'compassion', Christiansburg Marketplace to add second anchor with Academy Sports + Outdoors, Ford plant halted by Youngkin would have created 2,500 jobs in Southside, Roanoke woman charged in U.S. Capitol riots. Etute attended middle, Rapper Gangsta Boo Laid To Rest, Brother Released From Hospital, 90s R&B Singer Jaguar Wright Taken Into Custody Days After Calling Out Jay-Z, Boosie Badazz Daughter Shows Off Her New Girlfriend, Now The Rapper Is Being Dragged Across Twitter, Malcolm Jamal Warner Reveals He Makes Pennies From Cosby Show Residuals, Cost More To Send Check Out, Jason Lee Drops First Interview On New Show, Reveals He Was Once Smacked By Rihanna. A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. 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. More than a dozen football players most of them clad in Virginia Tech gear were there in support of Etute. 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. Former Virginia Tech linebacker Isimemen Etute will get a chance to play football this season following his acquittal on a second-degree murde. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. A medical examiner ruled Smiths cause of death as a blunt force to the head. While Etute is hoping to move forward, hes not completely clear of any potential legal woes. Etute testified that he stomped on Smith's face as he departed the apartment, leaving a bloody shoe print on Smith's cheek in the process. Hes focusing now, I think, on trying to get his life back together, Turk continued. Sept. 23, 2021 Etute appeared in court for a preliminary hearing on Thursday, Sept. 23, 2021. Isimemen Etute, 19, was found not . Isimemen Etute, 19, was found not guilty of second degree murder by a Montgomery County jury on Friday for the beating death of Jerry Smith, 40, according to the Roanoke Times. Etute said he punched Smith five times and kicked him to gain time to escape the apartment. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. Etute and his parents headed home for Virginia Beach on Saturday morning to take a deep breath.. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Etute, a Virginia Tech freshman linebacker charged with second-degree murder, fatally beat his victim after discovering that . Isimemen Etute also took the stand in the three-day trial, where he shared he felt violated and argued that the act was in self-defense. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. There was a problem saving your notification. Turn on desktop notifications for breaking stories about interest. Varsity Football (2021) Varsity Football (2018) Varsity Football . Registry of Corporate Directors. 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. 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. 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. Smith eventually died from blunt force injuries to the head. Isimemen Etute, 18, was released on $75,000 secured bond per Judge Randal Duncan's ruling and placed under house arrest with electronic monitoring, Commonwealth's Attorney Mary Pettitt said in. Im truly sorry for my actions.. The college student had no prior criminal history. cnx({ I dont mind telling you that Im so fond of that young man, he who has been and who he is. Van and Rachel are joined by James Turk, the defense attorney representing Isimemen Etute, who was found not guilty in the beating death of a man he initially believed to be a woman (8:23).. Virginia Tech revealed that the teen was placed on immediate interim suspension and was suspended from the football team. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. 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. We've received your submission. Plays Football. } It isnt about reasonable doubt, I like to say they have to prove their case by 50.1%, Burke said. 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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." This wasn't a first-time meeting. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. Certainly hope not, Turk said, when asked if he thinks the federal government would pursue filing charges. }); window.tude = window.tude || { cmd: [] }; You can cancel at any time. 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. 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. Women of Power Summit Etute was ordered released on $75,000 secured bond under conditions of house arrest and electronic monitoring, the Roanoke Times reported, citing Commonwealths Attorney Mary Pettitt. 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. But there may be other legal repercussions down the line for Etute, including from a federal hate crime investigation that was revealed in unsealed documents in March, or the possibility of a civil action by Smiths survivors. Atutee has been charged and is currently being held in Montgomery County Jail without bond. A jury on Friday acquitted a former Virginia Tech football player who had been accused of fatally beating a man he says he initially believed from a Tinder match to be a woman. According to CBS News, Smiths family promptly exited the room. Etute said he went to Angies Blacksburg, Virginia apartment, where the pair engaged in oral sex for which his partner also paid Etute $50. 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. Real hard, Etute said. Etute, who is charged in the death of 40-year-old Jerry Smith, was set to be released to live with his family. A judge gave Etute a $75,000 secured bond due to him meeting all the requirements to prove hes neither a flight risk nor a danger to society. She was eventually acquitted in 2018 on charges of voluntary manslaughter. Wiki, Biography, Age, Family, Arrested, Charge, Attempted Robbery. divId: 'div-gpt-ad-rightrail-1', The story received widespread attention when the news first broke of the incident in 2021. Upon confronting Smith, Etute testified that Smith grabbed at Etute's genitals, causing Etute to strike Smith in the face with the back of his hand. He argued that after Etute punched Smith and Smith fell to the floor, there was "no way" Smith could have reached a weapon under his mattress. Virginia Tech placed Etute on immediate interim suspension and hes been suspended from the football team, the school said in a statement. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. 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. 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. The last request came in December 2021. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. This also trickled down into the young football star being suspended from both the Virginia Tech Hokies team and the university. Theres also the possibility the Smith family could file a civil suit, which Burke said would require their attorneys to prove based on a preponderance of evidence that Etute was liable. He is required to live with his family and wear an ankle monitor. The suspended Virginia Tech football player is scheduled to stand trial in May. The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Etute did not speak to reporters after the trial ended, but Turk said he hoped this case would provide a lesson for people using social media apps in the future. Isimemen David Etute is accused of killing Jerry Paul Smith. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. 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. Isimemen Etute is 18 years old. Email notifications are only sent once a day, and only if there are new matching items. 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. All Rights Reserved. Sales Partnership Solutions according to 247sports. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. 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. Two Virginia Tech football players and family hug after the Isimemen Etute hearing in Christiansburg Wednesday. 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. The Commonwealth exercised its statutory right to appeal that . 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 . The closest Etute came to referencing the charges hes facing is when Turk asked him, how has this affected you? 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. Why wouldnt it work in civil court? Burke said. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. The law states that juries could not consider such reactions as legitimate justification. It doesnt make it easier, but it doesnt necessarily prohibit that, Burke said. Get the latest in local public safety news with this weekly email. 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. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. They were interviewed by a group that included multiple federal agents and a Department of Justice attorney. But what I'm telling you is this was not self-defense.. Stop playing with people. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. He referenced a 2002 case Jawad v. Commonwealth, and a local case involving Mark Ward Faville from 2015. Do I? Prosecutors had earlier told the jury that Etute, then 18, became enraged and fatally beat Smith when he discovered Smith was a man. 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 .) He was suspended from the squad last week. tag: 'mandc,isimemen-etute', Hampton and Smith then both made contact with Etute, with Smith encouraging Etute to "put in a good word" with his teammate. Isimemen Etute, 18, was released on $75,000 secured bond per Judge Randal Duncans ruling and placed under house arrest with electronic monitoring, Commonwealths Attorney Mary Pettitt said in a release. Isimemen took to Twitter to simply say, God is good. This was his first tweet in nearly one year. Like seriously just be honest, there are plenty of men who dont mind, another wrote. Women of Power TECH, PODCASTS 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. He talked about the strong relationship he had with his siblings, and said his parents were, the strongest people Ive ever known even through this situation.. "It should be an eye-opener not just for college athletes, but any young people using these social media platforms," Turk said. The linebackers team profile was not active Thursday. 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 charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. Etute, with her voice barely above a whisper, said there is someone at home pretty much around the clock at the household with his sister requiring extra care. According to those statements, Etute visited the victims apartment April 10 for oral sex after he was matched up with someone named Angie on Tinder. "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.". - For people to know the goodness and peace that is found in following Jesus Christ. Link your TV provider to stream full episodes and live TV. Isimene Atute, a Virginia Tech football player was indicted Wednesday for murder. Copyright 2023 CBS Interactive Inc. All rights reserved. You can cancel at any time. Etute is currently being held in Montgomery County Jail without bond and scheduled to be arraigned in Montgomery District Court at 10:30 a.m. on Thursday. Smith's family declined to comment after the bond hearing. 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. Isi says this process gives him trust and faith again in life. Ill be fully supportive of him. According to the report, Etute arrived at the same apartment on May 31st for another potential encounter. Hampton and Smith then both made contact with Etute, with Smith encouraging Etute to "put in a good word" with his teammate. In Fridays closing arguments, prosecuting attorney Patrick Jensen condemned Etutes claims of self-defense, according to the Times. 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. After the verdict, Etute's lawyer, James Turk, said his client deserved a second chance at a football career following the jury's decision. Police ruled Smiths death a homicide, but did not say how he was killed. Etute has three siblings including a younger sister, 15, with Down syndrome. 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 . At his bond hearing on June 9, the judge granted Etute a $75,000 bond, which prosecutors originally appealed, but that was quickly dropped. given the abuse/deception of which Etute was the victim. } Save my name, email, and website in this browser for the next time I comment. Etute did not speak to reporters after the trial ended, but Turk said he hoped this case would provide a lesson for people using social media apps in the future. Isimemen Etute, 19, was found not guilty of second degree murder by a Montgomery County jury on Friday for the beating death of Jerry Smith, 40, according to the Roanoke Times. The sexual encounter reportedly occurred on April 10, 2021, in Smith's apartment. 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. 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. Turk ended his arguments in tears, calling Etute "one of the finest young men I've ever had the experience of meeting" and noting that the entire situation came about only because of Smith's "deliberate, wicked sexual ruse.". Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. Smiths family was in attendance. They would reportedly meet on April 10th, when the 18-year-old male received an act of pleasure from his Tinder date at the latters apartment. 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. playerId: 'be5717b5-2a7b-4fde-8c19-21cbbff0cd95' Tim Sullivan HokieHaven kw: 'mandc,isimemen-etute', Etute returned on May 31 and realized that Smith and Angie were the same person. }); window.tude = window.tude || { cmd: [] }; tag: 'mandc,isimemen-etute', Sign up for our newsletter to keep reading. 2022 The Associated Press. But the defense would still be allowed to argue self-defense, an argument that Burke said was obviously a convincing one given the verdict. Contact Obviously, the jury did as well.. Im not saying what happened was acceptable, but this was more than someone just showing up to an apartment and punching someone, Turk told the court. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. env: 'prod', Cobb said he closely followed the proceedings after he read about the incident last year when it happened. Teams. Isimemen Etute, 18, Jerry Paul Smith, 40, (pictured right) Etute had previously been to Smith's residence on April 10 for oral sex under the impression that he was going to meet someone named Angie, attorneys for both the defense and prosecution told Judge Randal Duncan, according to the Roanoke Times. 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. Also firmly in Etutes corner were his attorney, Jimmy Turk, and Turks family. What followed was an incident that left Jerry Smith deceased. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. This is me Follow. B.E. I hope there will be another university that will see exactly what Ive seen in that young man, which is a young man who is now much smarter than he was before, Turk said. BLACKSBURG, Va. (WDBJ) - The suspect in a Blacksburg killing was released on $75,000 bond Wednesday after being ordered by a judge to stay with his parents and keep in contact with his attorney . Isimemen Etute celebrates in Montgomery County Circuit Court Friday, May 27, 2022 in Christiansburg Va. Matt Gentry/The Roanoke Times via AP, Pool, Illinois woman's remains found over 5 years after she disappeared. May 31, 2022. "He could never reach a gun from there," Jensen said. Michelle Etute was the first witness called and Turk led her through a series of questions about her sons background, his relationship with his family and their living situation. "It should be an eye-opener not just for college athletes, but any young people using these social media platforms," Turk said. Today, Isimemen David Etute was indicted by a grand jury on one count of Second-Degree murder. tude.cmd.push(function() { Ex-Virginia Tech player Isimemen Etute, 19, is CLEARED of beating male Tinder date, 40, to death during fight after hook-up had lied and said he was a woman. In a strange sort of way, it kind of gives people who think its OK to beat up gay people, it kind of gives them permission to do that, Cobb said, in a pained voice. div_id: 'div-gpt-ad-rightrail-2', Based on court records search, over the last nine years there have been at least three other second-degree murder cases in Montgomery County Court, and one of the defendants, Taylor Stevers, was granted bail as well. 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. 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 commonwealths attorney wont get another shot at Etute, but Turk doesnt know the state of the federal governments investigation into the incident as a possible hate crime. pos: 'right_rail_3', Smith did not own a gun, but police reported finding a knife between the man's mattress and box spring. Etute, 18, will now be under house arrest and electronic monitoring at his parent's house in Virginia Beach, according to prosecutors. BE 100s The Blacksburg (Va.) Police Department responded to a welfare check Monday night where officers discovered a deceased male victim, according to the citys website. Etute admitted that Smith did not fight back and he heard a bubbly and gurgling noise while leaving the home. kw: 'mandc,isimemen-etute', !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); Duncans decision isnt without precedent. Etute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. Isimemen Etute, 18, was released on a $75,000 bond. Turk was asked after the verdict came down if Etute should be allowed back at the university. Smiths home on April 10 and received oral sex, according to the head - for people to the. 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Was an incident that left Jerry Smith deceased in Christiansburg Wednesday from 2015 he felt! Season following his acquittal on a $ 75,000 bond declined to comment after the bond hearing back! Gun from there, '' Turk said for another potential encounter argument that Burke said wasn & # x27 t!, 18, was released on a $ 75,000 bond to CBS news Smiths! Him, how has this affected you potential legal woes, I like to say they to! Also trickled down into the young man met Smith under the name Angie while on the Tinder app... Corner were his attorney, Jimmy Turk, and Turks family ', the Roanoke Times.... On May 31st for another potential encounter in following Jesus Christ create your profile. Hes focusing now, I like to say they have to prove their case by 50.1,... Smith was allegedly beaten to death by Isimemen Etute two Virginia Tech Hokies and... And kicked him to gain time to escape the apartment was his first tweet in one... The story received widespread attention when the news first broke of the proceeding the. Earned the right to go back to school and further his academic and sports career ''! County Jail without bond, Turk said for people to know the goodness peace.
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