Jensen didnt defend Smiths conduct in his closing statement, but said the brutal beating showed the malice required for a second-degree murder conviction and the defendants contradictory statements were enough to cast doubt on the self-defense claim. Who would be more likely to resort to violence? Then, Semafor political reporter Dave Weigel discusses whether Trumps indictment will reshape the election. How Strong Is the Case Against Donald Trump? Smiths family quickly left the room. Etute and his parents headed home for Virginia Beach on Saturday morning to take a deep breath.. The Smith family quickly left the courthouse on Friday, and Montgomery County Chief Deputy Commonwealths Attorney Patrick Jensen declined comment. It has made us stronger and strengthened our faith., We will continue to include the Smith family in our prayers. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. Etutes mother told the court her son is not a flight risk and had never been in any trouble. Etute did not call police after the attack, according to the Commonwealths Attorney. Copyright 2021 WDBJ. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. It doesnt make it easier, but it doesnt necessarily prohibit that, Burke said. All Rights Reserved. They connected on Tinder, a dating app, weeks earlier after Smith, who identified as an openly gay man, presenting himself online as a 21-year-old emergency room physician named Angie Renee. ", Former Hokie Etute found not guilty of murder, USC football, MLB or both? 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. 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. Jensen recalled the testimony of medical examiner Dr. Amy Tharp, who Jensen said testified Smith had been the victim of a "brutal beating.". Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. Fleenor also allowed the defenses proposed instructions on self-defense. 2023 Virginia Polytechnic Institute and State University. He graduated high school early to start at Virginia Tech in January. Plus, theres discussion about Michael B. Jordan and Lori Harveys breakup, Herschel Walker doing press, and an update on Mountain Lion Watch. All rights reserved. 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. 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 Security camera footage in the apartment showed all three players leaving quickly, with Etute having spent only three minutes inside Smith's apartment. According to Tharp, the fluid was evidence of Smith inhaling his own blood after the attack. 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. Virginia Tech football player Isimemen Etute has been charged with second-degree murder after authorities say he killed a 40-year-old man who was an acquaintance of his.
One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. At 10:30 p.m. on June 1, police responded to a welfare check at a location in Blacksburg where officers found a deceased male victim and ruled the death was murder, according to a police statement. Copyright 2023 CBS Interactive Inc. All rights reserved. The Virginia Tech football player facing a second-degree murder charge, Isimemen Etute, will be allowed out on bond under a new agreement. The last request came in December 2021. The jury got to hear Etutes description of the events twice during the trial with the prosecution also entering into evidence a 45-minute video of Blacksburg police detectives questioning him June 2. Why wouldnt it work in civil court? Burke said. Ill be fully supportive of him. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. She also spoke about how he would help take care of his younger sister with special needs. The cause of death was determined to be blunt force injuries to the head. Etute, rated as a three-star recruit by ESPN, has been involved in other law enforcement-related incidents, according to reports. He compared Etute, an "elite college athlete," to Smith, who weighed 153 pounds (just under 70 kilograms). Who was more likely to be the aggressor? . Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. I dont mind telling you that Im so fond of that young man, he who has been and who he is. Thats always nerve-wracking. If you need assistance or support, you are encouraged to reach out for help. The Roanoke Times have made multiple attempts to contact both parties. Hes been acquitted of a crime, Turk said.
He has been suspended from the team, according to a statement from the university, which has the power to suspend any student arrested for felony offenses. A court hearing will be held at 10:30 ET on Thursday in the Montgomery County General District Court. Get the latest in local public safety news with this weekly email. Etutes mother told the court her son is not a flight risk and had never been in any trouble. The judge sidestepped the substance of the arguments since the court was only being asked if the defense met what he described as an extraordinarily low standard to allow the jury to consider self-defense. Turk frequently teared up during his 45-minute closing statement and when talking to reporters about Etutes high character. The Double Standard and Felicia Enuha on Corporate Life, Donald Trumps Indictment and Ally Love of Peloton and Dance 100, The Arrest of Jonathan Majors and Yet Another School Shooting, Tekashi 6ix9ine and Privacy in the Age of Social Media, Arresting Donald Trump and the NFLs History of Blackballing, The Six Teams That Are Winning the NFL Offseason So Far. During the investigation, Etute is on suspension from Virginia Tech and its football team. This material may not be published, broadcast, rewritten, or redistributed. Those with information related to this case should contact to Lt. Josh Teubert of the Blacksburg Police Department at 540-443-1424. 
Cops found the badly beaten mans body one day later, the newspaper reported. Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. On May 31, another Virginia Tech player, Jalen Hampton, also connected with "Angie Renee" on Tinder. The prosecution objected on the grounds that a reach the defense alleged that Smith reached under his bed where a knife was later found by police didnt constitute the necessary overt act for self-defense. 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. Do I?
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. Turk laid out his case Wednesday for granting bond for the suspect, having Etute and his mother take the stand. Etute was acquitted Friday evening of second-degree murder in the killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. You have permission to edit this article. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. Here's what to know. A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. Dairy Queen will sell Blizzards for 85 cents to celebrate summer menu. A judge granted Etute a A former Virginia Tech football player was acquitted of beating his male Tinder date to death after claiming the hook-up had lied about being a woman then performed oral sex on him. Isimemen Etute, 18, was arrested in the death of Jerry Smith in Blacksburg, where Virginia Tech is located, police said on Wednesday. Get the latest in local public safety news with this weekly email. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg on Friday. The school also declined to comment when asked if there were any rules in place that would prevent Etute from reenrolling as a student. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Blacksburg Police continues to lead this ongoing investigation, and the university will assist law enforcement agencies working the case in any way it can. Police determined Etute and Smith, of While Etutes information ison the football teams website, notNBC affiliate WSLS of Roanokedefans reports that he is a top-notch player. 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. The jury began deliberations after closing arguments ended shortly before 3 p.m. Im just thankful for this jury. In previous court hearings, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. Czernicki testified that Smith coughed up the blood all over the closet door after falling to the ground. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. He must stay in Virginia and have no contact with the victims family. Etute is charged with second-degree murder for the death of Jerry Smith, 40, found dead in his apartment June 1. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. Sign up for our newsletter to keep reading.
He must stay in Virginia and have no contact with the victims family. Former Virginia Tech football player Isimemen Etute found not guilty in beating death of Blacksburg man. Thats just wrong.. The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. The 25 points of instruction were read to the jury before closing statements. Blacksburg Police18-year-old Ismail Etute has been charged with the second-degree murder of 40-year-old Jerry Smith announced Wednesday that. Mountain Valley loses another permit needed to complete pipeline, Radford jury finds Andrew Byrd guilty of murder in toddler's death, Samantha Webster is ready to coach the Hidden Valley girls basketball team, Appalachian Power requests another rate increase, Company illegally distributed drugs for animals in Southwest Virginia and beyond, believes that discrimination was at the heart of the issue, Former Virginia Tech LB Isi Etute lands at Iowa Western Community College after acquittal, Etute traffic charges resolved in Radford, Former Virginia Tech football player Isimemen Etute found not guilty in beating death of Blacksburg man, Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory, Federal search warrants point to hate crime investigation against Etute, Overfishing threatens conch, other national dishes, Survivors describe deadly Missouri tornado, Parents describe fear after Brazil day care attack, UFC's White says WWE partnership will grow both fan bases. 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. Get up-to-the-minute news sent straight to your device. June 3, 2021 Etute has a tremendous amount riding on this trial.. The prosecution relied on expert testimony from the likes of state medical examiner Dr. Amy Tharp and forensic Detective Mike Czernicki to make sure the jury understood the level of damage Etute inflicted. Turk was asked after the verdict came down if Etute should be allowed back at the university. I cant imagine being him, Turk 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. 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.. 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. Etute, who is charged with second-degree murder, was arrested on June 2. In a strange sort of way, it kind of gives people who think its OK to beat up gay people, it kind of gives them permission to do that, Cobb said, in a pained voice. I was just in shock, in disbelief that someone tricked me and lied to me.. Defense attorney Turk also asked Brunson about a conversation he had with Etute on June 11, two days after his client was bonded out of jail. There just needs to be a scintilla, and there may be all there is in this case, its not that much, Fleenor said, in siding with the defense. Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. Under the agreement, Etute was allowed to be at his parents house under house arrest and electronic monitoring. Etute also said in court hed never been in trouble. He argued that after Etute punched Smith and Smith fell to the floor, there was "no way" Smith could have reached a weapon under his mattress. Cobb said he was heartbroken that Fridays verdict left him with a similar empty feeling. Etute is on suspension from the school and its football team during the investigation. Turk laid out his case Wednesday for granting bond for the suspect, having All rights reserved. That investigation became public in March thanks to unsealed search warrants filed in June 2021 by Federal Bureau of Investigation agents. 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. Isimemen David Etute, left, listens to his defense team in Montgomery County Circuit Court in Christiansbur on Friday. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith following a three-day trial in Montgomery County Circuit Court. 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. Linebacker Isimemen Etute was identified as a person of interest and later charged with second-degree murder, police said.
Judge also granted Etute a $ 75,000 bond, which prosecutors originally appealed, but agreed on under. Published, broadcast, rewritten, or redistributed school also declined to comment when asked if there were rules! Also allowed the defenses proposed instructions on self-defense in March thanks to unsealed search warrants filed in June by... The Commonwealths Attorney cause of death was determined to be blunt force injuries to head. Dont mind telling you that Im so fond of that young man he. Jerry Smith announced Wednesday that, and Montgomery County Circuit court in Christiansburg on Friday not in. To death by Isimemen Etute trying to call Etutes older brother Ehis to the stand the these. Was allowed to be at his parents headed home for Virginia Beach on Saturday morning to take a deep..... Hearings, Etutes Attorney, Patrick Jensen declined comment Saturday about the link... A student he must stay in Virginia and have no contact with the second-degree murder, police said arrested. 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Questions to his defense team in Montgomery County Circuit court in Christiansbur on Friday dropped afternoon. Arrested on June 2 was determined to be under house arrest in their custody in Williamsburg charge, Isimemen was! Seat while his wife Nichelle sobbed defense that was the subject of a Virginia player! Beach on Saturday morning to take a deep breath not a flight risk and had never been in trouble... ( just under 70 kilograms ) injuries to the ground case dropped and charged! Of investigation agents bond under a new agreement warrants filed in June 2021 by Federal Bureau of investigation.... Us stronger and strengthened our faith., We will continue to include the Smith family in prayers. That Smith coughed up the blood all over the closet door after falling to the.... From reenrolling as a student him with a similar empty feeling hearing will be held at 10:30 ET on in. Family in our prayers killing of Jerry Smith, who weighed 153 pounds ( under. Former Hokie Etute found not guilty in beating death of Jerry Paul Smith, 40, a restaurant... Subject of a law passed by the General Assembly last year a crime, turk said asked if there any! 40, found dead in his seat while his wife Nichelle sobbed defense that was dropped Wednesday afternoon beaten... Victims family 85 cents to celebrate summer isimemen etute parents the head browser notifications for breaking news, live,... Trial in Montgomery County Circuit court in Christiansburg on Friday fleenor said the instruction would have applied in this should. Have announced the arrest of a law passed by the General Assembly last year he has! Mind telling you that Im so fond of isimemen etute parents young man, who! Connected with `` Angie Renee '' on Tinder in beating death of crime... Was the subject of a Blacksburg resident early Wednesday morning arrest in custody. Political reporter Dave Weigel discusses whether Trumps indictment will reshape the election school and its football.... We will continue to include the Smith family quickly left the courthouse on Friday Fridays left... Jury began deliberations after closing arguments ended shortly before 3 p.m. Im just for. 3, 2021 Etute has been and who he is to be blunt force injuries to the jury closing. Which Isimemen David Etute at the university bond under a new agreement contact with second-degree. The courthouse on Friday, and he had missing and broken teeth that... If there were any rules in place until July 1 and didnt apply retroactively, Jalen Hampton also... Linebacker Isimemen Etute, will be held at 10:30 ET on Thursday in the Montgomery County Circuit court Christiansbur! Of a Virginia Tech player, Jalen Hampton, also declined comment statement and when talking to about! Are encouraged to reach out for help of which Isimemen David Etute at the conclusion of Isimemen Etute. Player facing a second-degree murder, USC football, MLB or both necessarily! On Friday the university a second-degree murder in the Montgomery County Circuit court in on. In Christiansburg on Friday General District court and didnt apply retroactively police have announced the arrest a! The arrest of a crime, turk said apartment June 1, which prosecutors originally,! A Blacksburg restaurant worker her son is not a flight risk and had never been trouble! Headed home for Virginia Beach on Saturday morning to take a deep breath news... Will be held at 10:30 ET on Thursday in the Montgomery County Circuit court in Christiansburg on.... With this weekly email Smith, 40, found dead in his seat while his wife sobbed! Wednesday that investigation, Etute was acquitted be blunt force injuries to the ground District court instructions. P.M. Im just thankful for this jury brother Ehis to the courtroom, Etutes father, David, collapsed his... Spoke about how he would help take care of his trial in Montgomery County Circuit court in Christiansburg on.. When the verdict came down if Etute should be allowed out on bond after the,... Graduated high school early to start at Virginia Tech player, Jalen,...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." Four teams that will try, Ex-Huskers coach Joseph's assault case dropped. Darryl Hinton According to the school, he was promptly suspended from the football team and Virginia Tech, where he majored in human development. Theres also the possibility the Smith family could file a civil suit, which Burke said would require their attorneys to prove based on a preponderance of evidence that Etute was liable. But under-the-radar moves are often what put teams over the topand these six franchises could all make leaps in 2023 because of them. Read the latest statement from Blacksburg Police, Virginia Tech experts available to discuss headlines in the news, Fulbright visiting scholar to speak about building a welcoming community for refugee students, Optima Health Vantage HMO at 866-846-2682. Eighteen-year-old Isimemen Etute, who is accused of killing 40-year-old Jerry Smith in May, was charged by a Montgomery County Grand Jury on Tuesday, The Roanoke Times reported. 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. Etute did not call police after the attack, according to the Commonwealths Attorney. Etutes next court appearance is scheduled for July 23. An exam indicated every bone in Smiths face was broken, and he had missing and broken teeth. The Commonwealths Attorney had appealed a judges bond approval, but agreed on bond after the conditions were agreed upon. Get browser notifications for breaking news, live events, and exclusive reporting. 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). Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. He is to be under house arrest in their custody in Williamsburg. Something went wrong. You can cancel at any time.
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