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. 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 Etute, 18, was released on $75,000 secured bond per Judge Randal Duncans ruling and placed under house arrest with electronic monitoring, Commonwealths Attorney Mary Pettitt said in a release. Please enter valid email address to continue. 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. 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. INFORMATION {{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 arrested and charged with second-degree murder June 2, 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. Why wouldnt it work in civil court? Burke said. 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. There was a problem saving your notification. 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. Be honest with who you are. Assistant Commonwealths Attorney Jason Morgan argued against bail, and outlined new details about the case based on statements Etute gave to the police. If theres ever been a time for someone to be considered for bail, this is it.. Stevers was charged with second-degree murder in the death of her estranged husband back in 2017. 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 . Two of the defendant's friends waited in the hallway of the apartment complex during the violent attack and the three left together. 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. Etute failed to notify authorities that he'd left Smith injured, bubbling and gurgling, in the apartment. The Smith family quickly left the courthouse on Friday, and Montgomery County Chief Deputy Commonwealths Attorney Patrick Jensen declined comment. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. 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. 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. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. 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. Get up-to-the-minute news sent straight to your device. The Blacksburg (Va.) Police Department responded to a welfare check Monday night where officers discovered a deceased male victim, according to the citys website. Create your free profile and get access to exclusive content. Turk was asked after the verdict came down if Etute should be allowed back at the university. and had participated in the team's 2021 spring practices. Sept. 23, 2021 Etute appeared in court for a preliminary hearing on Thursday, Sept. 23, 2021. You have permission to edit this article. Registry of Corporate Directors. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 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." "He has a tremendous amount riding on this trial," Jensen had said during his closing argument hours earlier Friday, The Roanoke Times reported. Former Virginia Tech players Jalen Hampton and Jordan Brunson, who were called as witnesses in Etutes defense, were interviewed by federal authorities in September. In the case of a felony arrest, the university has the authority to place a student on immediate interim suspension, the university added. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith foll. The questions Turk had for Isi Etute were of a similar nature. }); window.tude = window.tude || { cmd: [] }; 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. 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.. Upon confronting Smith, Etute testified that Smith grabbed at Etute's genitals, causing Etute to strike Smith in the face with the back of his hand. According to the Roanoke Times, Fleenor stated it would have been applicable, but this [ruling] is purely procedural.. She was eventually acquitted in 2018 on charges of voluntary manslaughter. 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. 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. Prior to the incident, In 2020, Virginia Tech recruited the 63 185LB athlete from Cox High in Virginia Beach. Wizards, Warriors trade blows early then champs leave hosts on canvas, For Victor Robles and the Nats, a thorny offseason storyline returns, Capitals rally from three-goal deficit, clip Islanders in OT. Etute was born in 2003, considering he is only 18 years old. 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.. 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. According to the U.S. Justice Department, a federal hate crime is defined as an illegal, violent act is driven by bias against people of a certain group, which can be defined by race, religion, sexual orientation and gender identity, among other categories. A social media user expressed gratitude to the judge for giving Etute a second chance. Another wrote, Truth is. The verdict elicited a mix of reactions from those in the courtrooms gallery, including Etute's father, who collapsed near his sobbing wife. Turk also said Smith was "controlling the entire environment and the entire episode." Etutes parents declined to comment after the hearing. 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. Isimemen Etute, a Virginia Tech student now suspended from the university and its football team, is. kw: 'mandc,isimemen-etute', The jury deliberated for approximately . A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. Etute has been charged with second-degree murder. He was suspended from the squad last week. 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. 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. That means hes been found not guilty.. Black Men XCEL Burke, who was familiar with the Etute case through media coverage, said in many cases the federal government will take a wait and see approach when a defendant is facing charges at the state level. tag: 'mandc,isimemen-etute', Those who followed the story celebrated Isimemen Etutes freedom on social media, with many agreeing that Smith should not have been catfishing. Etute said he punched Smith five times and kicked him to gain time to escape the apartment. subcat: '', Virginia Tech football player Isi Etute told police he punched victim after meeting for sexual encounter. Cox High School Virginia Beach VA. Hes focusing now, I think, on trying to get his life back together, Turk continued. Required fields are marked *. Isimemen Etute was later charged for the incident. Etute -- a 6-foot-2, 200-pound outside LB -- signed with Va. Tech after committing to the school in July 2020 . 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 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. He referenced a 2002 case Jawad v. Commonwealth, and a local case involving Mark Ward Faville from 2015. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. 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. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. 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. Sign up forOxygen Insiderfor all the best true crime content. 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. 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. Etute was granted bond in a hearing Wednesday morning in Montgomery County General District Court, but Chief Deputy Commonwealths Attorney Patrick Jensen filed an expedited appeal that would have kept Etute in jail for up to five more days. Dont target or lure anyone under that perception. It has made us stronger and strengthened our faith., We will continue to include the Smith family in our prayers. "He could never reach a gun from there," Jensen said. tude.refreshAdsViaDivMappings([ { He was recruited to the school as a three-star linebacker from Frank W. Cox High School in Virginia Beach. 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. Virginia Tech placed Etute on immediate interim suspension and hes been suspended from the football team, the school said in a statement. Privacy Policy Sales Partnership Solutions The young man met Smith under the name Angie while on the Tinder dating app. } Etute was a three-star linebacker recruit from Frank W. Cox High School in Virginia Beach and signed his letter of intent in December before enrolling at Virginia Tech the next month. This article was published more than1 year ago. 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. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. Let this be a lesson, wrote one fan on Instagram. It isnt about reasonable doubt, I like to say they have to prove their case by 50.1%, Burke said. The defendant pleaded not guilty to charges of second-degree murder, claiming he acted in self-defense. Dont target or lure anyone under that perception. tude.refreshAdsViaDivMappings([ { Police said the investigation has revealed Smith and Etute were acquaintances. Sept. 23, 2021 "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.". He referred questions to his boss, Commonwealths Attorney Mary Pettitt. The Roanoke Times have made multiple attempts to contact both parties. Ill be fully supportive of him. A bailiff was stationed behind Etute throughout the entire hearing, and Etute was handcuffed with his wrists attached to a chain around his waist. tude.cmd.push(function() { Isimemen Etute, 18, was released on a $75,000 bond. A suspended Virginia Tech football player charged with second-degree murder was granted bond during a hearing Wednesday morning in Montgomery County General District Court in Christiansburg, Va., as reportedly sordid details emerged surrounding the case. 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. Hes been acquitted of a crime, Turk said. }); window.tude = window.tude || { cmd: [] }; A medical examiner ruled Smiths cause of death as a blunt force to the head. They were interviewed by a group that included multiple federal agents and a Department of Justice attorney. Under an agreement, Etute was allowed out on bond,. Your email address will not be published. The verdict came after a three-day trial and just over three hours of jury deliberations. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. Immediately after the verdict was announced, Smith's family quickly left the courtroom. Prosecutors had earlier told the jury that Etute, then 18, became enraged and fatally beat Smith when he discovered Smith was a man. 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