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. 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. Isimemen David Etute, a freshman who was recruited to play linebacker at Virginia Tech, was hit with second-degree murder charges in the death of Jerry Paul He must stay in Virginia and have no contact with the victims family. The last request came in December 2021. Hes been acquitted of a crime, Turk said. Etute has been charged with second-degree murder. Turks hope now is that Etute is able to reclaim his life. ESPN 300 WR Graham commits to Day, Ohio St. Only Canadian NCAA program to drop football, Alabama lands 2025 offensive line recruit Short, QB Davis, No. He responded to an welfare check at 119 N. Main Street in Blacksburg on Tuesday night and found Smith dead, according to a statement from Blacksburg police. . In his testimony Thursday, Etute had testified that Smith reached for what Etute thought was a gun. Etute, 18, is accused of killing Blacksburg resident Jerry Smith, 40. Plus, Nora and Steve delve into the recent news surrounding Cardinals owner Michael Bidwill, By submitting your email, you agree to our, Discussing the Acquittal of Isimemen Etute With James Turk, The Mandalorian Chapter 22 Recap: Guns for Hire Takes a Wrong Turn, The sixth installment of Season 3 is a distractingly guest-star-studded affair that brings us closer to a resolution but does so in an anticlimactic and confusing fashion. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. Turk was aware of the federal investigation early on. Etutes mother told the court her son is not a flight risk and had never been in any trouble. WebEtute was released to his parents shortly after 9 p.m. Wednesday. Plus, theres discussion about Michael B. Jordan and Lori Harveys breakup, Herschel Walker doing press, and an update on Mountain Lion Watch. 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. It is the right decision and right now Im still just overwhelmed.. The cause of death was determined to be blunt force injuries to the head. The gay panic defense came into effect July 1 and quite frankly, I dont believe that it would have been applicable to the facts of this case anyway because thats not what led to the death, Turk said. 2023 NYP Holdings, Inc. 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The prosecution maintained it was a straightforward case to the jury throughout the trial with crime scene photos jurors saw multiple photos of Smiths dead body lying at the foot of his bed including close ups of his bloody face as well as details from Smiths autopsy that highlighted what a one-sided assault it was. WebIsimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. 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. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. Isimemen David Etute and defense attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg earlier this year. Four teams that will try, Ex-Huskers coach Joseph's assault case dropped. Hes going to get his life back, and Im hopeful, Turk said. Blacksburg is home to Virginia Tech university. The Commonwealths Attorney says Etute punched Smith five times in the head, making Smith fall, at which point Etute stepped on Smiths head until blood was bubbling from him. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. 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. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. BLACKSBURG, Va. (WFXR) The dates have been set for a 2022 jury trial involving Isimemen Etute, the suspended Virginia Tech football player indicted for murder after the death of a Blacksburg man in May. Court records show that Etutes jury trial is set to begin on May 25, 2022. 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. The Etute family left the Montgomery County Courthouse through a back exit without speaking to reporters. 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. "They can be extremely useful, but they can be extremely dangerous. WDBJ7 is not identifying the names of the other football players, as they have not been charged. 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 Roanoke Times have made multiple attempts to contact both parties. All rights reserved. Thats a real problem for men in our society. At Wednesdays hearing, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. The cause of death was determined to be blunt force injuries to the head. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. Isimemen Etute, 18, was busted after officers responding to a wellness check Monday night found Jerry Smith dead inside a building on Main Street in Blacksburg, The student arrested is Isimemen Etute of Virginia Beach, Virginia, a freshman majoring in human development. Certainly hope not, Turk said, when asked if he thinks the federal government would pursue filing charges. The second-degree murder case drew widespread attention last year because of the unusual circumstances: a college athlete who admitted fatally beating an openly gay man who had posed as a woman on Tinder to initiate a sexual encounter. 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. Blacksburg Police18-year-old Ismail Etute has been charged with the second-degree murder of 40-year-old Jerry Smith. Etute did not call police after the attack, according to the Commonwealths Attorney. 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. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Doug Gillis no longer on Virginia Tech softball staff, CASEY: Dish Network customers in 10 states reach out to The Roanoke Times, Virginia Tech's Ashley Owusu enters transfer portal, Roanoke County supervisor says school board remarks were false and unprofessional, Elizabeth Kitley returning to Virginia Tech, Family confirms death of retired Virginia Tech professor who went missing, Angel Reese defends gesture toward Caitlin Clark after LSU title win, calls out double standard, ESPN's Rebecca Lobo hopes Elizabeth Kitley returns to Virginia Tech, Virginia Tech assistant men's basketball coach Mike Jones leaving for Maryland. The 25 points of instruction were read to the jury before closing statements. . Etutes mother told the court her son is not a flight risk and had never been in any trouble. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, was acquitted Friday evening of second-degree murder, Doug Gillis no longer on Virginia Tech softball staff, CASEY: Dish Network customers in 10 states reach out to The Roanoke Times, Virginia Tech's Ashley Owusu enters transfer portal, Roanoke County supervisor says school board remarks were false and unprofessional, Elizabeth Kitley returning to Virginia Tech, Family confirms death of retired Virginia Tech professor who went missing, Angel Reese defends gesture toward Caitlin Clark after LSU title win, calls out double standard, ESPN's Rebecca Lobo hopes Elizabeth Kitley returns to Virginia Tech, Virginia Tech assistant men's basketball coach Mike Jones leaving for Maryland. The argument wasnt made by the attorneys on either side. Plus, the Best Club Jobs Available and Messis Next Team. We are relieved and thankful that God has helped guide us through this extremely hard and punishing journey, the family said. 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. Get up-to-the-minute news sent straight to your device. 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. 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. That means hes been found not guilty.. 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. Etute, 19, is charged with second-degree murder for the death of Jerry Paul Smith, 40, found dead in his apartment June 1. That and more in our Masters preview. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. 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. Please subscribe to keep reading. Thats just wrong.. Who was more likely to be the aggressor? You can cancel at any time. Federal court documents suggest hate crime investigation against murder suspect Etute, Jury convicts major Southwest Virginia drug supplier, Cow killed, car destroyed in early-morning crash and fire, Search on for shooter of man in northwest Roanoke, Salem Red Sox gear up for home opener against Delmarva Shorebirds; what fans need to know, Bridging the Great Health Divide Across the US, PublicFileAccess@wdbj7.com - (540) 344-7000. Turk contrasted his client with the victim in stark terms on Friday. Tharp testified that most of the bones in Smiths face were broken, he had bleeding and swelling inside his brain and he had multiple teeth knocked out. Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. 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. It will take time to decompress and feel relief from this gut-wrenching, frightening experience in life. Turks family was in attendance for much of the trial, having developed deep ties to the Etute family and Turk's daughter Katie was part of the defense team. If you need assistance or support, you are encouraged to reach out for help. Blacksburg murder suspect released on bond; lawyer says victim lured suspect with fake Tinder profile, Cow killed, car destroyed in early-morning crash and fire, ACPD seeking information after vehicle stolen with two children inside, Day care worker charged with rape of 3-year-old girl, authorities say, Shenandoah National Park seeing uptick in littering and vandalism, Brush fire affecting nearly 30 acres, according to Rockingham County Fire & Rescue, Local housing market remains strong despite increasing cost of homeowners insurance, Charlie Obaugh RV & Outdoor Student Athlete of the Week. The Smith family quickly left the courthouse on Friday, and Montgomery County Chief Deputy Commonwealths Attorney Patrick Jensen declined comment. 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. Turk spoke to reporters outside the courthouse after watching bailiffs remove the ankle bracelet Etute had been required to wear since being bonded out of jail on June 9. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. 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. I do not know a finer 19 year old that Ive ever come into contact with.. Prosecutors had earlier told the jury that Etute, then 18, became enraged and fatally beat Smith when he discovered Smith was a man. University and community resources are listed below. Turk laid out his case Wednesday for granting bond for the suspect, having Jensen had maintained that Etute had not acted in self-defense. The police searching Smiths apartment found a knife hidden between the mattress and box spring in the spot where Etute alleged the attack took place. Please subscribe to keep reading. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Ill be fully supportive of him. You have permission to edit this article. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second, Former Virginia Tech linebacker Isimemen Etute will get a chance to play football this season following his acquittal on a second-degree murde. There was a problem saving your notification. Investigators decided the death was murder and later identified Etute as the person involved in the case. Etute was acquitted Friday evening of second-degree murder in the killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. A jury in Montgomery County Circuit Court found 19-year-old Isimemen Etute not guilty of a charge of second-degree murder in the 2021 death of Jerry Smith, 40, of Blacksburg. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. The cause of death was determined to be blunt force injuries to the head. Get up-to-the-minute news sent straight to your device. In previous court hearings, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. The jury deliberated for approximately three hours before returning its verdict around p.m.. 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