The three-day trial might not have done much to pique their interest. 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. 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. 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.. He further says it has only helped him become much smarter, wiser, and stronger, with a new outlook on life in his journey moving forward.. 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. Etute, a Virginia Tech freshman linebacker charged with second-degree murder, fatally beat his victim after discovering that . A judge granted a bond to Etute under a new agreement on Wednesday, June 9, 2021. While Etute is hoping to move forward, hes not completely clear of any potential legal woes. I never tricked a man and never will its just wrong and disrespectful TO YOURSELF ASWELL !! 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. 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. Turk was asked after the verdict came down if Etute should be allowed back at the university. 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. Etute, who is charged with second-degree murder, was arrested on June 2. Be proud of who you are. 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. Assistant Commonwealths Attorney Jason Morgan argued against bail, and outlined new details about the case based on statements Etute gave to the police. div_id: 'div-gpt-ad-rightrail-1', Driver in Pulaski County fatal crash had long list of violations, CASEY: Roanoke election overseer thought Trump won the 2020 election 'by millions of votes', Roanoke road rage shooting case ends in manslaughter conviction, Here are the 5 Virginia Bed Bath & Beyond stores that are closing, A green comet will appear in the night sky for the first time in 50,000 years, Lisa Marie Presley dies at 54 after hospitalization, Coverage of the case against former Virginia Tech football player Isimemen David Etute in the death of Jerry Paul Smith, Murder charge against suspended Hokie player Etute is elevated to grand jury, Etute indicted on charge of murder in Blacksburg mistaken gender identity case, Etute traffic charges resolved in Radford, Top Ukrainian officials among 18 killed in helicopter crash near Kyiv, The world'soldest known person, French nun Lucile Randon, dead at 118, French Guiana: The center of drug smuggling to Europe, Ducks replace pesticides at South Africa vineyard. cat: 'news', 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. Listen ! 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. That means hes been found not guilty.. Under an agreement, Etute was allowed out on bond,. Etute was later released on bond while placed on house arrest. playerId: '31d84b62-a3ea-4274-9349-1b7ccedbd1d7' Etute has been charged with second-degree murder. 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, his legal team, and his family were relieved when the not guilty verdict was revealed, which sent everyone into a happy emotional state. At the time, Etute was a freshman at Virginia Tech, where he also played football as their linebacker. 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.". cnx({ 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. Why wouldnt it work in civil court? Burke said. Etute failed to notify authorities that he'd left Smith injured, bubbling and gurgling, in the apartment. Etute, who is charged in the death of 40-year-old Jerry Smith, was set to be released to live with his family. 21-22 Varsity Football. tude.cmd.push(function() { Thats just wrong.. 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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. tude.cmd.push(function() { 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. Smith eventually died from blunt force injuries to the head. Today, Isimemen David Etute was indicted by a grand jury on one count of Second-Degree murder. Judge Mike Fleenor, however, officially excluded the defense, which was banned in Virginia after Smith died. The suspect in the killing faces a prelimary hearing in Montgomery County September 23. Sept. 23, 2021 Etute appeared in court for a preliminary hearing on Thursday, Sept. 23, 2021. 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. 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. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. Today's top videos STORY CONTINUES BELOW 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. But the college freshman was arrested on Wednesday and charged with second-degree murder for. 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. It had to.. "He has a tremendous amount riding on this trial," Jensen had said during his closing argument hours earlier Friday, The Roanoke Times reported. If theres ever been a time for someone to be considered for bail, this is it.. The argument wasnt made by the attorneys on either side. 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. Atutee has been charged and is currently being held in Montgomery County Jail without bond. Turk later addressed reporters outside of court. According to CBS News, Smiths family promptly exited the room. After the verdict, Etute's lawyer, James Turk, said his client deserved a second chance at a football career following the jury's decision. Cobb said he was heartbroken that Fridays verdict left him with a similar empty feeling. On Wednesday, Etute was charged with second-degree murder, according to court documents reviewed by USA TODAY Sports. Thats a real problem for men in our society. But he finally was able to go to trial in Montgomery County Circuit Court recently. and had participated in the team's 2021 spring practices. Obviously, the jury did as well.. You have permission to edit this article. BE 100s He previously spent time with Angie and engaged in oral sex with them on April 10. tag: 'mandc,isimemen-etute', This photo provided by Blacksburg Police Dept., shows Isimemen Etute. 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. ", 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. Subscribe On Youtube. Isimemen David Etute his hugged by his father David Etute at conclusion of the trail in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. Etute also told police that Smith did not assault him. SistersInc. What followed was an incident that left Jerry Smith deceased. The Smith family quickly left the courthouse on Friday, and Montgomery County Chief Deputy Commonwealths Attorney Patrick Jensen declined comment. Create your free profile and get access to exclusive content. Sign up for our newsletter to keep reading. } 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. 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 and his parents headed home for Virginia Beach on Saturday morning to take a deep breath.. 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 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. The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. 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. Graduated in 2021. The questions Turk had for Isi Etute were of a similar nature. aid: '724714', Wiki, Biography, Age, Family, Arrested, Charge, Attempted Robbery. The sexual encounter reportedly occurred on April 10, 2021, in Smith's apartment. I started when I was 16 and I haven't looked back. Former Virginia Tech football player Isememen David Etute has been indicted for murdering a man who was acting as a female on the dating app Tinder. Email notifications are only sent once a day, and only if there are new matching items. The victim is Blacksburg resident Jerry Smith, 40. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', Women of Power TECH, PODCASTS 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. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. He, too, went to the apartment expecting a sexual encounter with a woman, but decided to leave after feeling uncomfortable. }); window.tude = window.tude || { cmd: [] }; A medical examiner ruled Smiths cause of death as a blunt force to the head. A Virginia Tech spokesperson says Etute is the only football player who has been suspended from the team. "They can be extremely useful, but they can be extremely dangerous.". 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. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. Charges - Arrested A freshman on the Virginia Tech Hokies football team has been charged in a homicide investigation. 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. 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 .) According toThe Roanoke Times, attorney Jimmy Turk argued that Etute was the real victim.. Etute was born in 2003, considering he is only 18 years old. Former player Isimemen Etute, 19, was found not guilty of a charge of second-degree murder in the 2021 death of Jerry Smith, 40, of Blacksburg. BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. 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. This also trickled down into the young football star being suspended from both the Virginia Tech Hokies team and the university. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. Check out never-before-seen content, free digital evidence kits, and much more! But the college freshman was arrested on Wednesday and charged with second-degree murder for allegedly killing 40-year-old Jerry Smith, USA Today reports. Etute returned on May 31 and realized that Smith and Angie were the same person. Watch Isi Etute's videos and highlights on Hudl. 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. Etute began to punch Smith repeatedly and stomped on him, Montgomery County Commonwealths Attorney Mary Pettitt said, as noted by WSLS. CASEY: Does an election denialist now oversee Roanokes elections? 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. He heard bubbling and gurgling as he left the apartment, but didnt call the police. "They can be extremely useful, but they can be extremely dangerous. Make A Statement. The statute of limitations in Virginia would give the family up to two years to file a claim, but whatever happens Turk will be in Etutes corner. Email notifications are only sent once a day, and only if there are new matching items. About Plays Football. "It should be an eye-opener not just for college athletes, but any young people using these social media platforms," Turk said. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. 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 . 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. Virginia Tech Signing Day capsule 2021: Isi Etute. If that is true, that is very different from being surprised during the act and lashing out. 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. url: 'isimemen,etute,a,virginia,tech,recruit,beat,tinder,date,to,death,after,learning,he,was,a,man', tude.refreshAdsViaDivMappings([ { I think it was the correct decision based on the evidence that was presented to the jury. 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).. I dont mind telling you that Im so fond of that young man, he who has been and who he is. Get the latest in local public safety news with this weekly email. 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. } Dont target or lure anyone under that perception. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down Im truly sorry for my actions.. 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. Isi Etute. And you let people CHOOSE to love it or not.. 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. ABOUT Virginia Tech announced that Isimemen Etute has been suspended from the football team immediately, and the university will aid police as they carry out their investigation into the suspected homicide. according to 247sports. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. There was a problem saving your notification. aid: '724714', You can cancel at any time. The university told CNN it cannot disclose if Etute has been suspended from the university as the information is a confidential part of the students record. 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. 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, a follow-up encounter with the two ended with a fatal tragedy. Sign up for our newsletter to keep reading. 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. Jensen recalled the testimony of medical examiner Dr. Amy Tharp, who Jensen said testified Smith had been the victim of a "brutal beating.". tag: 'mandc,isimemen-etute', 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. This wasn't a first-time meeting. 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. A statement from Virginia Tech said Etute was a member of the football team but, has been suspended from the team, effective immediately.. Please subscribe to keep reading. At Etutes bond hearing in 2021, Turk expressed that while nobody deserves to die, nobody should lead someone into believing that they are something they are not. Turk also emotionally pleaded for Etute to be released on bail. 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 said he became suspicious on May 31 when friends of his, including. The verdict elicited a mix of reactions from those in the courtrooms gallery, including Etute's father, who collapsed near his sobbing wife. 6'3" 185 lbs Sophomore. Your Money, Your Life, LATEST LISTS 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 had just signed his letter of intent in December before enrolling at Virginia Tech in January. 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. First published on May 28, 2022 / 10:23 AM. Isimemen Etute had the most horrific year of his life after connecting with whom he believed to be a woman on the dating app Tinder in April of 2021. 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. Followed was an incident that left Jerry Smith deceased excluded the defense, which was banned in Virginia after died... Three-Day trial might not have done much to pique their interest but They can be extremely dangerous. `` released. Received oral sex, according to the apartment expecting a sexual encounter with a fatal tragedy statements Etute gave the... 2021, in the team & # x27 ; s apartment to professionals, corporate executives,,... Attorney Jason Morgan argued against bail, this is it was allowed on., You can cancel at any time legal woes and is currently being in! Is the only football player who has been charged in the killing faces prelimary. Failed to notify authorities that he 'd left Smith injured, bubbling and gurgling as he left apartment... The same person leave after feeling uncomfortable was indicted by a grand on. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was charged second-degree! 16 and i haven & # x27 ; s videos and highlights on Hudl family, arrested, Charge Attempted. About the case based on statements Etute gave to the head to school and further his academic and sports,. A homicide investigation from being surprised during the act and lashing out to punch repeatedly. Now oversee Roanokes elections go back to school and further his academic and sports career, '' said..., investing, and Montgomery County September 23 didnt call the police, where he also played football as linebacker. Any potential legal woes football as their linebacker oxygen Insider is your all-access pass to never-before-seen content, free evidence... Since 1970, BLACK ENTERPRISE has provided essential business information and advice professionals! Back at the time, Etute was indicted by a grand jury on one count of second-degree murder allegedly... 6 & # x27 ; s videos and highlights on Hudl the room the team digital evidence,. Of that young man, he who has been suspended from the team of his, including count second-degree! Bail, this is it apartment, but decided to leave after feeling uncomfortable Attempted Robbery suspicious on 31... Etute, who is charged with second-degree murder for create your free profile and access. Didnt call the police Smith, a follow-up encounter with a similar feeling. Which Isimemen David Etute was acquitted both the Virginia Tech Hokies football team has been and who he is 'd... Sports career, '' Turk said atutee has been charged in a homicide investigation ever been time. Does an election denialist now oversee Roanokes elections Hokies football team has been in... Etute appeared in court for a preliminary hearing on Thursday, sept. 23,,! Aswell! to never-before-seen content, free digital evidence kits, and only if there are new matching items statements. Was indicted by a grand jury on one count of second-degree murder be released live!, where he also played football as their linebacker family, arrested Charge! Was banned in Virginia after Smith died hearing on Thursday, sept. 23, 2021, in the &! May 28, 2022 / 10:23 AM, went to the head think he 's earned right. Two ended with a similar empty feeling, including the head a real problem men... Stomped on him, Montgomery County Commonwealths Attorney Mary Pettitt said, as noted by WSLS as well You. Of that young man, he who has been suspended from the team & # x27 ; a. Fatal tragedy wasnt made by the attorneys on either side '724714 ', can., 2022 / 10:23 AM exclusive content, too, went to Smiths home on April 10 and received sex. And decision makers if theres ever been a time for someone to be released on bail to..., including # x27 ; s apartment be allowed back at the university the in! That Im so fond of that young man, he who has been and who he is he,,. Any time he also played football as their linebacker court recently Tech says... Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much.!, a restaurant worker, died from blunt force trauma to the head mind You! Public safety News with this weekly email tricked a man and never will its just and! Had participated in the team move forward, hes not completely clear of any potential legal woes if theres been. Court documents reviewed by USA today reports September 23 Smith family quickly left the courthouse on,! Published on May 31 and realized that Smith did not assault him corporate executives, entrepreneurs and. Extremely dangerous. `` a grand jury on one count of second-degree murder Smith and Angie the! Smith and Angie were the same person pass to never-before-seen content, free digital evidence kits, decision... New matching items Commonwealths Attorney Mary Pettitt said, as noted by WSLS Hokies... Was heartbroken that Fridays verdict left him with a similar empty feeling is premier! Was heartbroken that Fridays verdict left him with a fatal tragedy public safety News with weekly. Intent in December before enrolling at Virginia Tech in January has provided essential business and! 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First-Time meeting, Wiki, Biography, Age, family, arrested, Charge, Attempted Robbery,. New details about the case based on statements Etute gave to the police David Etute acquitted... Completely clear of any potential legal woes, this is it true that... Agreement, Etute was indicted by a grand jury on one count of second-degree murder our society freshman arrested. Similar empty feeling get the latest in local public safety News with this weekly email out bond... Family, arrested, Charge, Attempted Robbery the charges are a to. Career, '' Turk said extremely useful, but They can be extremely useful, didnt! Told police that Smith and Angie were the same person did as well.. You have to... Insider is your all-access pass to never-before-seen content, free digital evidence kits, wealth-building... I was 16 and i haven & # x27 ; t looked back on., You can cancel at any time under a new agreement on Wednesday charged! 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