According to authorities, Etute visited Smith's apartment after making a Tinder. The closest Etute came to referencing the charges hes facing is when Turk asked him, how has this affected you? 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. Copyright 2023 CBS Interactive Inc. All rights reserved. Get up-to-the-minute news sent straight to your device. Graduated in 2021. Jensen recalled the testimony of medical examiner Dr. Amy Tharp, who Jensen said testified Smith had been the victim of a "brutal beating.". "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.". But the college freshman was arrested on Wednesday and charged with second-degree murder for. 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. Etute was 18 years old at the time. aid: '724714', 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. Certainly hope not, Turk said, when asked if he thinks the federal government would pursue filing charges. The Times also reports that his parents broke down in tears following the verdict while his father "collapsed." Required fields are marked *. Virginia Tech football player charged with second-degree murder of local man Etute was later released on bond while placed on house arrest. This material may not be published, broadcast, rewritten, or redistributed. A former Virginia Tech student and football player can now breathe the most enormous sigh of relief. 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).. You have permission to edit this article. (Matt Gentry/The Roanoke Times . Why wouldnt it work in civil court? Burke said. 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. Hes going to get his life back, and Im hopeful, said Jimmy Turk to reporters. cnx.cmd.push(function() { "I think he's earned the right to go back to school and further his academic and sports career," Turk said. Two Virginia Tech football players and family hug after the Isimemen Etute hearing in Christiansburg Wednesday. Women of Power Summit Under the agreement, Etute was allowed to be at his parent's house under house arrest and electronic monitoring. 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. 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. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Dont target or lure anyone under that perception. 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. pos: 'right_rail_3', The linebackers parents and sister attended Wednesdays hearing, as well as a dozen Virginia Tech football players, most of whom were wearing team gear, according to the report. Etute was acquitted Friday evening of second-degree murder in the killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. Save my name, email, and website in this browser for the next time I comment. Stevers was charged with second-degree murder in the death of her estranged husband back in 2017. The Etute . 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. Quite frankly, I dont think it was applicable anyway, under the facts of the case, Turk told Oxygen.com. Isimemen Etute is 18 years old. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. targeting: { 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. About 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. 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. Duncans decision isnt without precedent. }); EVENTS 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. playerId: 'be5717b5-2a7b-4fde-8c19-21cbbff0cd95' Get up-to-the-minute news sent straight to your device. 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 . SistersInc. Check out never-before-seen content, free digital evidence kits, and much more! Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. Isi Etute; Add Athlete Photo. 2023 NYP Holdings, Inc. All Rights Reserved, College Football Playoff may finally expand, Giants fans know how to handle this playoff test, Close-knit Giants have so many reasons to believe: 'Feel the love, The WWE sale circus is only just beginning, The Show with Joel Sherman and Jon Heyman, Amazin' But True: A NY Mets Baseball Podcast, Gangs All Here: A NY Jets Football Podcast, Wife of 'Boy Meets World' star William Daniels details 'painful' 'open marriage', I went to McDonalds drive-thru for lunch but left with bags of cash instead. The medical examiners office had previously revealed that Smith had died from blunt force trauma to the head. 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. Murder charge against suspended Hokie player Etute is elevated. It doesnt make it easier, but it doesnt necessarily prohibit that, Burke said. 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According to the Roanoke Times, Fleenor stated it would have been applicable, but this [ruling] is purely procedural.. The verdict came after a three-day trial and just over three hours of jury deliberations. 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. The suspended Virginia Tech football player is scheduled to stand trial in May. Isi Etute. Recently unsealed court documents indicate Isimemen Etute and three other Virginia Tech football players were under investigation for a possible hate crime in relation to Etute's murder charge. Isimemen Etute, 18, was. 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. Isimemen Etute, 18, was released on a $75,000 bond. But what I'm telling you is this was not self-defense.. Create your free profile and get access to exclusive content. Etute was acquired Friday evening of second-degree Murder in the Killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. divId: 'div-gpt-ad-rightrail-2', ]); Virginia Tech revealed that the teen was placed on immediate interim suspension and was suspended from the football team. Economic Equity & Racial Justice Townhall Series, Elevate Black Podcast sponsored by Fifth Third Bank, 100 Founders of Change by American Express, Chasing Success Podcast by JP Morgan Chase, Black Business Month Sponsored by Nationwide, 2022 Registry Of Corporate Directors Listing, 2021 BE Registry Of Corporate Directors Listing. 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. 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. This article was published more than1 year ago. 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. Smiths family was in attendance. You can cancel at any time. The young athlete went to Smiths home on April 10 and received oral sex, according to the t attorney Jimmy Turk. The questions Turk had for Isi Etute were of a similar nature. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. 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. Turk cited two cases in Virginia where defendants facing second-degree murder charges were released on bail. 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. 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." Stand Out. 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. The jury deliberated for approximately . Morgans arguments came after testimony from Etute and his mother Michelle. 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. The linebackers team profile was not active Thursday. 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. Isimemen Etute, 21, entered a plea of not guilty at Thursday's arraignment for the 2021 murder of Jerry Smith, 40, according to NBC Roanoke affiliate WSLS. The last request came in December 2021. Let this be a lesson, wrote one fan on Instagram. Etute is currently being held in Montgomery County Jail without bond and. Privacy Policy 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. cat: 'news', There was a problem saving your notification. He compared Etute, an "elite college athlete," to Smith, who weighed 153 pounds (just under 70 kilograms). Thats just wrong.. 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. Turk was asked after the verdict came down if Etute should be allowed back at the university. {{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. Isi says this process gives him trust and faith again in life. 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. Sept. 23, 2021 page_type: 'article', Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters. Smith's family declined to comment after the bond hearing. tude.refreshAdsViaDivMappings([ { } Jersey #20 Position OLB, WR Overall Region 7-5 6-4 VA Rank 134. The victim is Blacksburg resident Jerry Smith, 40. 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. 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. 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. Security camera footage in the apartment showed all three players leaving quickly, with Etute having spent only three minutes inside Smith's apartment. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. The defendant pleaded not guilty to charges of second-degree murder, claiming he acted in self-defense. Under the agreement, Etute was allowed to be at his parent's house under house arrest and electronic monitoring. 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