A jury found Isimemen Etute not guilty of murder, though he confessed to violently beating Jerry Smith in an attack that left every bone in the victim's face broken. What followed was an incident that left Jerry Smith deceased. A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. Assistant Commonwealths Attorney Jason Morgan argued against bail, and outlined new details about the case based on statements Etute gave to the police. We are relieved and thankful that God has helped guide us through this extremely hard and punishing journey, the family said. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. Etute claimed that, after he asked why, Smith reached for his crotch with one hand and down the side of the bed with the other. Im truly sorry for my actions.. tude.cmd.push(function() { Dont target or lure anyone under that perception. 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. Etute was 18 years old at the time. 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. Turk later addressed reporters outside of court. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Isimene Atute, a Virginia Tech football player was indicted Wednesday for murder. 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. Under the agreement, Etute was allowed to be at his parent's house under house arrest and electronic monitoring. Atutee has been charged and is currently being held in Montgomery County Jail without bond. divId: 'div-gpt-ad-rightrail-1', Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. 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. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. 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. Judge Mike Fleenor, however, officially excluded the defense, which was banned in Virginia after Smith died. cnx.cmd.push(function() { Etute was acquitted Friday evening of second-degree murder in the killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. Copyright 2023 CBS Interactive Inc. All rights reserved. Obviously, the jury did as well.. 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. 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. Etute collapsed in tears as the verdict was read, with cheers erupting from a contingent of about 30 family members, supporters and former teammates. cnx({ Turk was aware of the federal investigation early on. 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. 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. Like seriously just be honest, there are plenty of men who dont mind, another wrote. The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. Former Virginia Tech players Jalen Hampton and Jordan Brunson, who were called as witnesses in Etutes defense, were interviewed by federal authorities in September. CASEY: Does an election denialist now oversee Roanokes elections? Former Virginia Tech football player Isimemen Etute has been acquitted of a murder which occurred during a Tinder date. Do I? Im certainly appreciative that the verdict turned out the way that it did, defense attorney Jimmy Turk told Oxygen.com. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. 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. 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. tude.refreshAdsViaDivMappings([ { Details were also revealed that Jerry Smith harbored a weapon hidden between his mattress and box spring. The two engaged in sexual activity with Etute not aware of Smiths sexual identity. Etute said he went to Angies Blacksburg, Virginia apartment, where the pair engaged in oral sex for which his partner also paid Etute $50. But, a true NYC native. 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. Elder testified that he was disturbed by the circumstances of the meeting, in which Smith hid his face and kept his apartment nearly pitch dark. Subscribe On Youtube. Etute, a Virginia Tech freshman linebacker charged with second-degree murder, fatally beat his victim after discovering 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 . A statement from Virginia Tech said Etute was a member of the football team but, has been suspended from the team, effective immediately.. tag: 'mandc,isimemen-etute', Management 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. } Why wouldnt it work in civil court? Burke said. But he finally was able to go to trial in Montgomery County Circuit Court recently. Jersey #20 Position OLB, WR Overall Region 7-5 6-4 VA Rank 134. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. The freshman enrolled at Virginia Tech at midyear and went through spring camp with the football team. 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. Thats just wrong.. Etute returned on May 31 and realized that Smith and Angie were the same person. He added that Smith had "demanded that it be dark" and had hidden a knife under his mattress "in case there was something awry.". Isi Etute. Virginia Tech football coach Justin Fuente has not spoken publicly about Etutes arrest. pos: 'right_rail_3', 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. 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. And that clearly had a play in the decision of the jury. 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. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. 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.". 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. Email notifications are only sent once a day, and only if there are new matching items. 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. Etutes attorneys argued the beating was self-defense during a confrontation last year in which the mans true identity was revealed and Etute perceived that Smith was reaching for a weapon. Under an agreement, Etute was allowed out on bond,. 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. Masthead. Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. On May 31, another Virginia Tech player, Jalen Hampton, also connected with "Angie Renee" on Tinder. Turks response to Morgan outlining the circumstances of the case was to emphasize that the victim solicited Etute for sexual activity. Etute was charged with second-degree murder and held in at the Montgomery County Jail, police said. 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. Sales Partnership Solutions Etute then returned to the apartment on May 31 for another meet-up, at which point he discovered the person he had matched up with this time was male, according to Assistant Commonwealths Attorney Jason Morgan, citing details the now-suspended linebacker told cops. 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. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. Today, Isimemen David Etute was indicted by a grand jury on one count of Second-Degree murder. While Cobb understands there were a lot of variables to this case, he still believes that discrimination was at the heart of the issue, whether Etute knew it or not. 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. Get the latest in local public safety news with this weekly email. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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. If that is true, that is very different from being surprised during the act and lashing out. In the case of a felony arrest, the university has the authority to place a student on immediate interim suspension, the university added. 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. I felt violated, Etute testified. The Etute . Roanoke City Council member Joe Cobb, who identifies as a member of the regions LGBTQ community, hopes one of the steps Etute takes is advocating on behalf of gender and sexual minorities. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. - For people to unapologetically and fearlessly walk in their purpose. Link your TV provider to stream full episodes and live TV. 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. cnx({ Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. Etute had been a rookie linebacker for the Virginia Techs Hokies football when he was arrested for Smiths murder, resulting in his suspension from the team. 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 Times also reports that his parents broke down in tears following the verdict while his father "collapsed." At the time, Etute was a freshman at Virginia Tech, where he also played football as their linebacker. Your Money, Your Life, LATEST LISTS 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. I think it was the correct decision based on the evidence that was presented to the jury. 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. Etute has three siblings including a younger sister, 15, with Down syndrome. Etute said, at that point, he feared Smith was going for a weapon, a notion Etute failed to mention in his initial 2021 interview with police, according to the Times. The victim is Blacksburg resident Jerry Smith, 40. subcat: '', Also firmly in Etutes corner were his attorney, Jimmy Turk, and Turks family. Isimemen David Etute is accused of killing Jerry Paul Smith. The closest Etute came to referencing the charges hes facing is when Turk asked him, how has this affected you? 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. env: 'prod', 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. pos: 'right_rail_1', 21-22 Varsity Football. tude.refreshAdsViaDivMappings([ { "He's going to get his life back, and I'm hopeful," said Jimmy Turk to reporters. We've received your submission. You can cancel at any time. 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 . 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. Investigators ruled the death a homicide and identified Isimemen Etude as a person of interest. Virginia Tech Signing Day capsule 2021: Isi Etute. You have permission to edit this article. Criminologist Tod Burke, who is a former police officer and retired criminal justice professor, said its not unheard of for the federal government to pursue charges despite a not guilty even in state court. The story received widespread attention when the news first broke of the incident in 2021. MONTGOMERY COUNTY, Va. (TCD) -- A former football player at Virginia Tech University was found not guilty of beating a man to death who posed as a woman on a dating app. There was a problem saving your notification. He compared Etute, an "elite college athlete," to Smith, who weighed 153 pounds (just under 70 kilograms). Someone is waiting for you. Certainly hope not, Turk said, when asked if he thinks the federal government would pursue filing charges. Your email address will not be published. The case stems from a death that happened May 31. Charges - Arrested A freshman on the Virginia Tech Hokies football team has been charged in a homicide investigation. playerId: '31d84b62-a3ea-4274-9349-1b7ccedbd1d7' 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. 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. Get up-to-the-minute news sent straight to your device. Registry of Corporate Directors. Hes obviously relieved as well.. 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 social media user expressed gratitude to the judge for giving Etute a second chance. Another wrote, Truth is. During testimony Thursday, Etute said he entered Smith's apartment alone -- both teammates waited outside and were not charged with a crime -- and engaged with Smith on a bed. B.E. ]); 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, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name "Angie." 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