Smith did not own a gun, but police reported finding a knife between the man's mattress and box spring. 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. The story received widespread attention when the news first broke of the incident in 2021. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. 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. What followed was an incident that left Jerry Smith deceased. 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. He heard bubbling and gurgling as he left the apartment, but didnt call the police. 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. ]); 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. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. He was the number 36 prospect in Virginia and 45 inside linebacker in the country, according to 247sports. Turk expanded on that point outside the courtroom. He is required to live with his family and wear an ankle monitor. The Etute family left the Montgomery County Courthouse through a back exit without speaking to reporters. This photo provided by Blacksburg Police Dept., shows Isimemen Etute. He has been required to remain at his parents house in Virginia Beach and is not allowed to leave the state. tude.refreshAdsViaDivMappings([ { }).render('94bb55df4cdf465b83a6067603cd42e5'); Etute returned on May 31 and realized that Smith and Angie were the same person. He referred questions to his boss, Commonwealths Attorney Mary Pettitt. That is willing to work a lot harder than he did before and hopefully hell have the opportunity to get back what his dream has always been.. } Create your free profile and get access to exclusive content. A freshman Virginia Tech linebacker charged with murder told police he fatally beat a man breaking every bone in his face for catfishing him on Tinder, prosecutors said. env: 'prod', cnx({ 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. Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. On May 31, another Virginia Tech player, Jalen Hampton, also connected with "Angie Renee" on Tinder. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', Hes focusing now, I think, on trying to get his life back together, Turk continued. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. Police said the investigation has revealed Smith and Etute were acquaintances. 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Hampton and Smith then both made contact with Etute, with Smith encouraging Etute to "put in a good word" with his teammate. According to the Roanoke Times, Fleenor stated it would have been applicable, but this [ruling] is purely procedural.. Instead, the jury believed a self-defense argument that Etute feared for his life after seeing the victim "make a reach" toward his bed where a knife was later found. Thats just wrong.. May 27, 2022, 4:39 PM 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. Wiki, Biography, Age, Family, Arrested, Charge, Attempted Robbery. In his testimony Thursday, Etute had testified that Smith reached for what Etute thought was a gun. You can cancel at any time. Your email address will not be published. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. 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. He, too, went to the apartment expecting a sexual encounter with a woman, but decided to leave after feeling uncomfortable. 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. Eighteen-year-old Isimemen Etute was a 2021 recruit on the Virginia Tech Hokies football team. Contact Etute was 18 years old at the time. Former Virginia Tech football player Isimemen Etute has been acquitted of a murder which occurred during a Tinder date. If that is true, that is very different from being surprised during the act and lashing out. Under the agreement, Etute was allowed to be at his parent's house under house arrest and electronic monitoring. "He could never reach a gun from there," Jensen said. Get up-to-the-minute news sent straight to your device. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', subcat: '', according to 247sports. 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. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. Turk later addressed reporters outside of court. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters. The courtroom was packed as Judge Randal Duncan excluded cameras from the courtroom at the start of the proceeding. 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. 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. Morgans arguments came after testimony from Etute and his mother Michelle. While that scenario might prove unlikely, Turk is hopeful there are colleges out there that will give Etute a chance. I dont mind telling you that Im so fond of that young man, he who has been and who he is. Real hard, Etute said. }); EVENTS Assistant Commonwealths Attorney Jason Morgan argued against bail, and outlined new details about the case based on statements Etute gave to the police. Everyone has a unique calling, special gifts, and amazing talent that NEEDS to be unleashed on the world. Isimemen Etute was later charged for the incident. 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. In taking the stand earlier in the week, Etute had testified that he felt "violated" when he discovered that the Tinder match he believed to be a woman was actually a man. ]); 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. Etute told the police he punched the victim five times in the face and continued punching the victim when the person hit the ground and stomped on him. The Commonwealth initially appealed the judges ruling, but Etute was granted bond later on Wednesday. Copyright 2023 CBS Interactive Inc. All rights reserved. Cobb said he closely followed the proceedings after he read about the incident last year when it happened. According to CBS News, Smiths family promptly exited the room. The two engaged in sexual activity with Etute not aware of Smiths sexual identity. Turk said his client went home with his family and friends following the verdict, where theyre decompressing from the trial., Hes certainly been through a lot, having been on trial for an allegation of second-degree murder, said Turk. This also trickled down into the young football star being suspended from both the Virginia Tech Hokies team and the university. Etute was accused of beating his Tinder date Jerry Smith to death after mistaking him for a woman last year. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. An autopsy report by the medical examiner showed nearly all the bones in Smith's face were broken, he suffered bleeding of the brain, and had teeth fragments missing. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. The Blacksburg (Va.) Police Department responded to a welfare check Monday night where officers discovered a deceased male victim, according to the city's website. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Please enter valid email address to continue. If theres ever been a time for someone to be considered for bail, this is it.. Masthead. 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. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. Why wouldnt it work in civil court? Burke said. Charges - Arrested A freshman on the Virginia Tech Hokies football team has been charged in a homicide investigation. Fleenor would have read an instruction to the jury precluding the defense had the law been in place on May 31 when the crime was committed, but the instruction wouldnt have mentioned gender identity or sexual orientation as agreed to by the prosecution. Isimemen Etute was busted after officers responding to a wellness check Monday night found Jerry Smith dead inside a building on Main Street in Blacksburg, Va., according to police. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()), Who is Mohammed Nuru? This article was published more than1 year ago. LA-based Host/Writer. Upon the prodding of friends who suspected Angie was a man, Etute returned to the apartment on May 31, 2021. env: 'prod', Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. In the case of a felony arrest, the university has the authority to place a student on immediate interim suspension, the university added. Registry of Corporate Directors. Women of Power Summit 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. CASEY: Does an election denialist now oversee Roanokes elections? tag: 'mandc,isimemen-etute', Hes going to get his life back, and Im hopeful, said Jimmy Turk to reporters. We've received your submission. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Etutes attorney, Jimmy Turk, told reporters, according to The Richmond Times Dispatch. 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 has since been suspended from the Virginia Tech football squad, the university said in a Wednesday statement. 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. cnx.cmd.push(function() { The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. Varsity Football (2021) Varsity Football (2018) Varsity Football . Isimemen Etute, 19, was found not . Isi says this process gives him trust and faith again in life. A medical examiner ruled Smiths cause of death as a blunt force to the head. It isnt about reasonable doubt, I like to say they have to prove their case by 50.1%, Burke said. ABOUT baseDivId: 'pb-slot-right-1', Thats just wrong.. div_id: 'div-gpt-ad-rightrail-3', Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported.. 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. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday in connection with the death of a Blacksburg resident, according to a. Under an agreement, Etute was allowed out on bond,. However, this time he would be surprised to discover that Angie Renee was really a 40-year-old man restaurant employee named Jerry Smith. A Virginia Tech spokesperson says Etute is the only football player who has been suspended from the team.