Security camera footage in the apartment showed all three players leaving quickly, with Etute having spent only three minutes inside Smith's apartment. 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.Įtute 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. On J- 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. 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.ĭuring 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. 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. Etute said he "felt around" and used his cell phone's flashlight to determine Smith was not a woman. 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.ĭuring 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. Hampton and Smith then both made contact with Etute, with Smith encouraging Etute to "put in a good word" with his teammate.Įtute and Hampton, along with a third teammate, Jordan Brunson, decided to return to Smith's apartment to determine Smith's gender. He, too, went to the apartment expecting a sexual encounter with a woman, but decided to leave after feeling uncomfortable. On May 31, another Virginia Tech player, Jalen Hampton, also connected with "Angie Renee" on Tinder. Both players initially left, but Etute returned to the apartment, and testified that he received oral sex and a $50 gift from Smith.Įtute 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. 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.
"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."Įtute was arrested June 2, 2021, and charged with the May 31 murder of Jerry Smith, a local Blacksburg man who had posed as a woman online to meet straight, college-aged men.Īccording 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." 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. "I think he's earned the right to go back to school and further his academic and sports career," Turk said. After the verdict, Etute's lawyer, James Turk, said his client deserved a second chance at a football career following the jury's decision.
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