You can cancel at any time. 2022 The Associated Press. Under the agreement, Etute was allowed to be at his parent's house under house arrest and electronic monitoring. One of the next steps they mentioned will be figuring out the best avenue for him to pursue a collegiate degree and resume his football career. } Circuit Judge Mike Fleenor didnt preclude the gay panic defense that was the subject of a law passed by the General Assembly last year on a procedural basis. Thats a real problem for men in our society. He added that Smith had "demanded that it be dark" and had hidden a knife under his mattress "in case there was something awry.". Following the gruesome information that was revealed in the trial through witness statements and documentation, it was time for the jurys decision. Isimemen Etute is 18 years old. According to authorities, Etute visited Smith's apartment after making a Tinder. Helicopter crash near Ukraine kindergarten kills children and top officials, U.S. lawyer who died in Mexico was "victim of a brutal crime," family says, Reps. Marjorie Taylor Greene, Paul Gosar and George Santos get House committee seats, Qantas plane lands safely on single engine after mayday call over Pacific, New Mexico lawmaker says shootings suspect confronted her outside her home, Gov. Etute was in court Wednesday morning wearing an orange prison jumpsuit. The judge in Etute's case ruled that the new legislation did not apply to this case, as it was enacted after the incident took place, though Turk argued it likely would not have altered the outcome of the trial. baseDivId: 'pb-slot-right-1', playerId: '31d84b62-a3ea-4274-9349-1b7ccedbd1d7' 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. If that is true, that is very different from being surprised during the act and lashing out. Isimene Atute, a Virginia Tech football player was indicted Wednesday for murder. Etute has been charged with second-degree murder. Real hard, Etute said. 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. It isnt about reasonable doubt, I like to say they have to prove their case by 50.1%, Burke said. 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The medical examiners office had previously revealed that Smith had died from blunt force trauma to the head. cnx({ Isimemen Etute was trapped in an online catfishing scheme, where he thought he was having oral sex with a woman named "Angie." He used his phone's flashlight in the no-light apartment and later . I never tricked a man and never will its just wrong and disrespectful TO YOURSELF ASWELL !! Required fields are marked *. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith foll. Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. aid: '724714', tude.cmd.push(function() { 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. Why wouldnt it work in civil court? Burke said. Etute was charged with second-degree murder and held in at the Montgomery County Jail, police said. Email notifications are only sent once a day, and only if there are new matching items. The Times also reports that his parents broke down in tears following the verdict while his father collapsed. Etute then was able to have the ankle bracelet from the house arrest removed. Etute practiced with the Hokies during spring camp after enrolling midyear from Cox High School in Virginia Beach. Etute was suspended indefinitely from Virginia Tech when he was charged last year and is no longer enrolled at the school. The questions Turk had for Isi Etute were of a similar nature. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. 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. Ismemen David Etute, 18, told cops he went to the Blacksburg apartment of 40-year-old Jerry Smith in April for oral sex after matching up with someone named Angie on Tinder, the Roanoke Times reported. Etute was accused of beating his Tinder date Jerry Smith to death after mistaking him for a woman last year. Link your TV provider to stream full episodes and live TV. Freshman Isimemen Etute is facing a second-degree murder charge in the death of Jerry Smith, 40, on May 31. Isimemen David Etute is accused of killing Jerry Paul Smith. If you find this was in the heat of passion, you shouldnt find him guilty of second-degree murder; the crime would be voluntary manslaughter," said Jensen. 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. 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 . Please subscribe to keep reading. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. The defendant pleaded not guilty to charges of second-degree murder, claiming he acted in self-defense. Contact His body was discovered in an unrecognizable state the next day, reports the Post. 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. 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." The Etute . An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. The warrants sought records from Etutes cellphone, a Tinder account associated with that number, and the cellphone records of three other then-Tech football team members. The courtroom was packed as Judge Randal Duncan excluded cameras from the courtroom at the start of the proceeding. 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. tag: 'mandc,isimemen-etute', The jury deliberated for approximately . CHRISTIANSBURG A now suspended Virginia Tech football player told police he punched a sexual partner five times in the face and stomped on him after discovering the person he thought was a woman was actually a man, according to arguments presented Wednesday in a Montgomery County courtroom. I do not know a finer 19 year old that Ive ever come into contact with.. And that clearly had a play in the decision of the jury. The Roanoke Times have made multiple attempts to contact both parties. Prosecutors stated the investigation was ongoing when they asked a U.S. magistrate judge to keep the documents under seal for 90 days on multiple occasions. Isi is extremely grateful for the jurys hard work, deliberation, and verdict., Isi is now focused on picking up where he left off in his pursuit of a college degree and love for the game of football. 6:57 Regular season highlights . The suspended Hokie football player is accused of killing Jerry Paul Smith. Save my name, email, and website in this browser for the next time I comment. A Virginia Tech football player has been arrested and charged with the murder of a Blacksburg resident, according to the Blacksburg Police Department and the university. 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. } "I'm certainly appreciative that the verdict turned out the way that it did . 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. Please subscribe to keep reading. Let this be a lesson, wrote one fan on Instagram. INFORMATION Defense attorney Jimmy Turk told the jurors earlier Friday that the commonwealth's evidence was circumstantial, while the defense's evidence, which included the testimony of Etute, was direct. Watch Isi Etute's videos and highlights on Hudl. We ended up presenting a defense which included, to a great extent, completely self-defense. {{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. Virginia Tech football player charged with second-degree murder of local man Tim Sullivan HokieHaven "He could never reach a gun from there," Jensen said. The sexual encounter reportedly occurred on April 10, 2021, in Smith's apartment. 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. 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. The suspect in the killing faces a prelimary hearing in Montgomery County September 23. tude.cmd.push(function() { Your Money, Your Life, LATEST LISTS 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. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. Dont target or lure anyone under that perception. Dont target or lure anyone under that perception. 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. cat: 'news', Real hard, Etute said. Etute told investigators he punched Smith five times in the face and stomped on him, but didnt call police despite hearing bubbling and gurgling from the victim as he left the apartment. 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." cnx.cmd.push(function() { Etute apparently told police he matched with a person named Angie on the dating app Tinder on April 10, and met for oral sex. Security camera footage in the apartment showed all three players leaving quickly, with Etute having spent only three minutes inside Smith's apartment. There are different standards, and they can determine that this case violates federal law.. 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. Those who followed the story celebrated Isimemen Etutes freedom on social media, with many agreeing that Smith should not have been catfishing. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. 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. The suspended Virginia Tech football player is scheduled to stand trial in May. The verdict came after a three-day trial and just over three hours of jury deliberations. 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 former football player confessed his feelings of letting people down and said he was truly sorry for his actions. Etute also had no priors at the time compared to Jerry Smiths many previous offenses including including filing a false police report, public intoxication, driving under the influence, and reckless driving among others. subcat: '', A grand jury returned the . Do I? 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. ABOUT 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. Hes been acquitted of a crime, Turk said. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. He referenced a 2002 case Jawad v. Commonwealth, and a local case involving Mark Ward Faville from 2015. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. Your email address will not be published. However, a follow-up encounter with the two ended with a fatal tragedy. The Commonwealth exercised its statutory right to appeal that . A judge granted a bond to Etute under a new agreement on Wednesday, June 9, 2021. 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. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. Get up-to-the-minute news sent straight to your device. Etute returned to the apartment May 31 to engage in sexual activity and discovered the person he was matched up with was a man, according to summaries of the evidence made by both Morgan and defense attorney Jimmy Turk. 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. 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. A medical examiner ruled Smiths cause of death as a blunt force to the head. "They can be extremely useful, but they can be extremely dangerous. Etute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. Some have suggested Etute suspected Smith was a dude and went there intending to confront him and potentially retaliate. 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. Cox High School Virginia Beach VA. 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 said he went to Angies Blacksburg, Virginia apartment, where the pair engaged in oral sex for which his partner also paid Etute $50. 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. After the verdict, Etute's lawyer, James Turk, said his client deserved a second chance at a football career following the jury's decision. Smith eventually died from blunt force injuries to the head. While that scenario might prove unlikely, Turk is hopeful there are colleges out there that will give Etute a chance. 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. And trying to see what he can do to get re-enrolled in a university and hopefully being able to pursue his college football, which he loves so much.. pos: 'right_rail_2', kw: 'mandc,isimemen-etute', url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', SistersInc. What followed was a host of sad events. I dont mind telling you that Im so fond of that young man, he who has been and who he is. The case stems from a death that happened May 31. Hes obviously relieved as well.. Like seriously just be honest, there are plenty of men who dont mind, another wrote. The college student had no prior criminal history. You have permission to edit this article. Etute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. Turks response to Morgan outlining the circumstances of the case was to emphasize that the victim solicited Etute for sexual activity. At that time Etute discovered Smith was male, commonwealth attorneys told the court, and assaulted Smith. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. 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. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! And you let people CHOOSE to love it or not.. Reaction continued to spread to the murder charge against former Hokie linebacker Isi Etute and to his attorney's saying that the victim was wrong to pose online as a woman. Sign up forOxygen Insiderfor all the best true crime content. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters. Copyright 2023 CBS Interactive Inc. All rights reserved. div_id: 'div-gpt-ad-rightrail-1', I live by my mission to Be Bold. Thats just wrong.. - For people to unapologetically and fearlessly walk in their purpose. Etute, 18, will now be under house arrest and electronic monitoring at his parent's house in Virginia Beach, according to prosecutors. Isi says this process gives him trust and faith again in life. page_type: 'article', TheNew York Postoffered an account given by Isimemen Etute to authorities through Assistant Commonwealths Attorney Jason Morgan. Get the latest in local public safety news with this weekly email. About pos: 'right_rail_1', I was just shocked and in disbelief that someone had tricked me and lied to me.. This wasn't a first-time meeting. Stand Out. 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. 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. He heard bubbling and gurgling as he left the apartment, but didnt call the police. The jury began deliberations after closing arguments ended shortly before 3 p.m. During a police search of the apartment, a knife was found between Smith's mattress and box spring, but Etute testified he never saw the knife, and he did not mention any concerns for his own safety during his initial police interview on June 2, 2021. However, this time he would be surprised to discover that Angie Renee was really a 40-year-old man restaurant employee named Jerry Smith. (Matt Gentry/The Roanoke Times . Be proud of who you are. "They can be extremely useful, but they can be extremely dangerous.". Someone is waiting for you. 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. 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. 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. According to CBS News, Smiths family promptly exited the room. Teams. It had to.. "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.". Stevers was charged with second-degree murder in the death of her estranged husband back in 2017. 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. But thankfully, a not guilty verdict was delivered in Etutes case, making him now a free man. The linebackers team profile was not active Thursday. He compared Etute, an "elite college athlete," to Smith, who weighed 153 pounds (just under 70 kilograms). LA-based Host/Writer. The Etute family left the Montgomery County Courthouse through a back exit without speaking to reporters. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. Video via WSLS 10. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. But he finally was able to go to trial in Montgomery County Circuit Court recently. tag: 'mandc,isimemen-etute', 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. }).render('3811c1c9bba941ecb6c4a456cf0ac0f7'); 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. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported.. 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. 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.
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