It would have been applicable, but this (ruling) is purely procedural, Fleenor said. Etute was released on bond in June 2021 after being ordered by a judge to stay with his parents and keep in contact with his attorney. Plus, theres discussion about Michael B. Jordan and Lori Harveys breakup, Herschel Walker doing press, and an update on Mountain Lion Watch. Court records show that authorities have reason to believe that Smith was killed on Monday night. Police determined Etute and Smith, of Turk later addressed reporters outside of court. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. 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. Etute, 18, will now be under house arrest and electronic monitoring at his parents house in Virginia Beach, according to prosecutors. Etute practiced with the Hokies during spring camp after enrolling mid-year at Cox High School in Virginia Beach. 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. It had to.. Etute was released on bond in June 2021 after being ordered by a judge to stay with his While Etutes information ison the football teams website, notNBC affiliate WSLS of Roanokedefans reports that he is a top-notch player. A third player was also involved in conversations about the incident. A judge granted a bond to Etute under a new agreement on Wednesday, June 9, 2021. Etutes mother told the court her son is not a flight risk and had never been in any trouble. According to the school, he was promptly suspended from the football team and Virginia Tech, where he majored in human development. Multiple Virginia Tech spokespersons declined comment Saturday about the verdict. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 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. Get the latest in local public safety news with this weekly email. An exam indicated every bone in Smiths face was broken, and he had missing and broken teeth. Blacksburg Police18-year-old Ismail Etute has been charged with the second-degree murder of 40-year-old Jerry Smith. You dont need to be close to this to be affected by this. 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. 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. Isi says this process gives him trust and faith again in life. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith. 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. He graduated high school early to start at Virginia Tech in January. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. Why wouldnt it work in civil court? Burke said. Turks eldest daughter Lindsey, who had never seen her father argue a case, said the closing argument was the best speech she had ever heard. "They can be extremely useful, but they can be extremely dangerous. Isimemen David Etute celebrates in Montgomery County Circuit Court in Christiansburg on Friday. In previous court hearings, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. We are relieved and thankful that God has helped guide us through this extremely hard and punishing journey, the family said. Etute did not call police after the attack, according to the Commonwealths Attorney. I do not know a finer 19 year old that Ive ever come into contact with.. 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. 2023 Virginia Polytechnic Institute and State University. 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. Breaking News USA, USA Jensen said that while Etute was wearing flip-flops at the time of the encounter, those shoes were attached to a "big person" and a "strong person." She also spoke about how he would help take care of his younger sister with special needs. Information from the Blacksburg Police Department may be found at the Town of Blacksburg website. You can cancel at any time. Hosts: Van Lathan and Rachel LindsayGuest: James TurkProducers: Trudy Joseph and Donnie Beacham Jr. Turks eldest daughter Lindsey, who had never seen her father 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. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. Inside Duce Robinson's path to stardom and big summer decision, Can anyone other than Georgia beat Georgia? The linebackers team profile was not active Thursday. Isimemen Etute in court for a preliminary hearing in September 2021. While Etutes information ison the football teams website, notNBC affiliate WSLS of Roanokedefans reports. Etute also said in court hed never been in trouble. She also spoke about how he would help take care of his younger sister with special needs. Webhow much did the simple life family get paid Fathom News 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. Isimemen Etute, 18, was arrested in the death of Jerry Smith in Blacksburg, where Virginia Tech is located, police said on Wednesday. The facts for the most part in this case are not contested, Jensen said, in his closing statement. One of the next steps they mentioned will be figuring out the best avenue for him to pursue a collegiate degree and resume his football career. He added that Smith had "demanded that it be dark" and had hidden a knife under his mattress "in case there was something awry.". CHRISTIANSBURG, Va. -- Former Virginia Tech football player Isimemen Etute was found not guilty of all charges Friday in the beating death of a Blacksburg resident following an online catfishing scheme. 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. It has made us stronger and strengthened our faith., We will continue to include the Smith family in our prayers. Etute, 18, will now be under house arrest and electronic monitoring at his parents house in Virginia Beach, according to prosecutors. 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.". The student arrested is Isimemen Etute of Virginia Beach, Virginia, a freshman majoring in human development. The student arrested is Isimemen Etute of Virginia Beach, Virginia, a freshman majoring in human development. 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. 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. Turks hope now is that Etute is able to reclaim his life. Copyright 2022 WDBJ. Thats always nerve-wracking. Please enter valid email address to continue. Czernicki testified that Smith coughed up the blood all over the closet door after falling to the ground. Plus, Michael B. Jordan and Lori Harvey break up (1:07:47), Herschel Walker does press (1:31:39), and an update on Mountain Lion Watch (1:36:51). I was just in shock, in disbelief that someone tricked me and lied to me.. That means hes been found not guilty.. 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. During the investigation, Etute is on suspension from Virginia Tech and its football team. 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. Etutes mother, Michelle, testified that her son had never been in trouble and was not a flight risk. 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. 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. Blacksburg murder suspect released on bond; lawyer says victim lured suspect with fake Tinder profile, Suspect Connected To Blacksburg Murder Granted Bond, 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. It will take time to decompress and feel relief from this gut-wrenching, frightening experience in life. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith foll, Reaction continued to spread to the murder charge against former Hokie linebacker Isi Etute and to his attorney's saying that the victim was. 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. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on 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. At Wednesdays hearing, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. A judge also granted Etute a $75,000 bond, which prosecutors originally appealed, but that was dropped Wednesday afternoon. Subscribe: Spotify / Apple Podcasts / Stitcher. Jensen relied on his cross-examination of Etute to counter the defenses narrative. Theyre related to the May 31, 2021 death of a 40-year-old Blacksburg man, Jerry Smith. The best insights from the ultimate insiders. Cobb said he was heartbroken that Fridays verdict left him with a similar empty feeling. 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. There are different standards, and they can determine that this case violates federal law.. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. 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. This is one of the proudest moments Ive ever had as a lawyer, Turk said. Blacksburg Police continues to lead this ongoing investigation, and the university will assist law enforcement agencies working the case in any way it can. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. Any updates from the university will be posted to the universitys news and information website, vtx.vt.edu. During the investigation, Etute is on suspension from Virginia Tech and its football team. But the defense would still be allowed to argue self-defense, an argument that Burke said was obviously a convincing one given the verdict. Turk was able to get the lead detective on the case, Ryan Hite, to tell the jury on Thursday during cross-examination that he would have referred Smiths actions in this case obtaining sex through false pretenses to the commonwealths attorney had he known about them. 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. Etute was acquitted Friday evening of second-degree murder in the killing of Jerry Paul Smith, 40, a Blacksburg restaurant worker. On May 31, another Virginia Tech player, Jalen Hampton, also connected with "Angie Renee" on Tinder. Etute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. Everything he (Smith) did was evil, Turk said, in his closing statement. How Strong Is the Case Against Donald Trump? Oops. The jury began deliberations after closing arguments ended shortly before 3 p.m. 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. Who has the most at stake of the three front-runners? Criminologist Tod Burke, who is a former police officer and retired criminal justice professor, said its not unheard of for the federal government to pursue charges despite a not guilty even in state court. Turk laid out his case in June 2021 for granting bond for the suspect, having Etute and his mother take the stand. "He has a tremendous amount riding on this trial," Jensen had said during his closing argument hours earlier Friday, The Roanoke Times reported. Instead, the jury believed a self-defense argument that Etute feared for his life after seeing the victim "make a reach" toward his bed where a knife was later found. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. There was a problem saving your notification. Etute is held without bail at the Montgomery County Penitentiary. 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. Sign up for our newsletter to keep reading. If you need assistance or support, you are encouraged to reach out for help. The jury AuthoritiesEtute and the victim were familiar, but did not provide further details. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. 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. Etute and his parents headed home for Virginia Beach on Saturday morning to take a deep breath.. Linebacker Isimemen Etute was identified as a person of interest and later charged with second-degree murder, police said. You can only imagine the feelings of someone they have been found not guilty and no longer have that on their shoulders, how that would feel. WebIsimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. 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