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Former Virginia Tech football player cleared of beating male Tinder date to death last year, after the victim lied he was a woman and performed oral sex on him

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"109460728"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div>&NewLine;<h1 class&equals;"has-text-color wp-block-heading" style&equals;"color&colon;&num;2b2424&semi;font-size&colon;14px"><strong>Former college ball player cleared of beating male Tinder date to death after he lied he was a woman and performed oral sex on him <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color wp-block-heading" style&equals;"color&colon;&num;2b2424&semi;font-size&colon;14px"><strong>Isimemen David Etute&comma; <strong>then 18&comma;<&sol;strong> was arrested on June 2&comma; 2021 and charged in the death of Blacksburg&comma; Va&period;&comma; restaurant manager Jerry Paul Smith&comma; 40 <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color wp-block-heading" style&equals;"color&colon;&num;2b2424&semi;font-size&colon;14px"><strong>When he discovered the deception&comma; Etute allegedly punched and stomped Smith multiple times on May 31<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color wp-block-heading" style&equals;"color&colon;&num;2b2424&semi;font-size&colon;14px"><strong>The defendant testified that he felt &&num;8216&semi;violated&&num;8217&semi; after Smith lied to him leading to a confrontation  <&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<h1 class&equals;"has-text-color wp-block-heading" style&equals;"color&colon;&num;2b2424&semi;font-size&colon;14px"><strong>Etute&comma; 19&comma; was on Friday found not guilty of a charge of second-degree murder in the 2021 death of Jerry Smith<&sol;strong><&sol;h1>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-full is-resized"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2022&sol;05&sol;Isimemen-Etute-6&period;jpg" alt&equals;"" class&equals;"wp-image-408688" width&equals;"840" height&equals;"543"&sol;><figcaption><strong>Isimemen Etute&comma; 19&comma; a former Virginia Tech football player was on Friday&comma; May 27&comma;  found not guilty of a charge of second-degree murder in the 2021 death of Jerry Smith&comma;<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>Former Virginia Tech football player has been acquitted of beating his male Tinder date to death last year&comma; after claiming the man had lied about being a woman and then performed oral sex on him&period;  <br>Isimemen David Etute&comma; then 18&comma; was arrested on June 2&comma; 2021 and charged in the death of Blacksburg&comma; Va&period;&comma; restaurant manager Jerry Paul Smith after allegedly punching and stomping the 40-year-old multiple times on May 31&period; <br>Nearly one year later&comma; the former college athlete was on Friday found not guilty of a charge of second-degree murder in the death of Smith of Blacksburg&comma; Virginia&period; <br>Etute visited the victim in April 2021&comma; to engage in oral sex with a woman he believed to be named &&num;8216&semi;Angie&comma;&&num;8217&semi; but who was actually Smith&period; <br>Etute told police Smith was hiding his face during the intercourse and he paid him &dollar;50 at the end&period; <br>The athlete also said he stopped messaging Smith after the interaction because he wasn&&num;8217&semi;t sure &&num;8216&semi;Angie&&num;8217&semi; was telling the truth about their identity&period; <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-full is-resized"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2022&sol;05&sol;Jerry-Smith-4&period;jpg" alt&equals;"" class&equals;"wp-image-408691" width&equals;"834" height&equals;"662"&sol;><figcaption> <strong>Etute visited the Jerry Smith&comma; 40&comma; last year in Blacksburg&comma; Virginia&comma; to engage in oral sex with a woman he believed to be named &&num;8216&semi;Angie&comma;&&num;8217&semi; but who was actually Smith&period; An enraged Etute stomped Smith to death during a second visit after discovering he was a man<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>But a month later&comma; Smith reached out to him again and invited him over&comma; telling him to bring some friends&period; He then went back to Smith&&num;8217&semi;s downtown Blacksburg apartment to find out whether Smith was a male or a female&comma; police said&period; He used his phone&&num;8217&semi;s flashlight in the darkened apartment to get a better look at Smith&period;<br>Prosecutors told the jury earlier that Etute was enraged and fatally beat Smith when he discovered &&num;8216&semi;Angie&&num;8217&semi; was actually a man&period; The linebacker reportedly groped Smith before allegedly beating him to death in what Etute claimed was self-defense&period; <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-full"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2022&sol;05&sol;image-9&period;png" alt&equals;"" class&equals;"wp-image-408697"&sol;><figcaption><strong>Isimemen David Etute&comma; 18&comma; &lbrack;left&rsqb; was charged with second-degree murder in June 2021&comma; in the death of Jerry Paul Smith&comma; 40&comma; &lbrack;right&rsqb;&comma; after allegedly punching and stomping the restaurant manager <strong>during a Tinder date<&sol;strong>&comma; after discovering Smith was actually a man&comma; rather than the woman he&&num;8217&semi;d claimed to be <&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>In his testimony on Thursday&comma; Etute testified that Smith reached for what he thought was a gun&period; Smith did not own a gun&comma; but police reported finding a knife between the man&&num;8217&semi;s mattress and box spring&period; Etute said he punched Smith five times and kicked him to gain time to escape the apartment&period; <br>As the football player was leaving&comma; prosecutors say&comma; Etute heard &&num;8216&semi;bubbling and gurgling&&num;8217&semi; coming from Smith but did not call the police&period; <br>Prosecutor Patrick Jensen had maintained that Etute had not acted in self-defense&period; He argued that after Etute punched Smith and Smith fell to the floor&comma; there was &&num;8216&semi;no way&&num;8217&semi; Smith could have reached a weapon under his mattress&period; <br>&&num;8216&semi;He could never reach a gun from there&comma;&&num;8217&semi; Jensen said&period; <br>Jensen recalled the testimony of medical examiner Dr&period; Amy Tharp&comma; who Jensen said testified Smith had been the victim of a &&num;8216&semi;brutal beating&period;&&num;8217&semi;<br>Jensen said that while Etute was wearing flip-flops at the time of the encounter&comma; those shoes were attached to a &&num;8216&semi;big person&&num;8217&semi; and a &&num;8216&semi;strong person&period;&&num;8217&semi; He compared Etute&comma; an &&num;8216&semi;elite college athlete&comma;&&num;8217&semi; to Smith&comma; who weighed 153 pounds&period; <br>&&num;8216&semi;That&&num;8217&semi;s a big disparity&comma;&&num;8217&semi; Jensen said&period; <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-full is-resized"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2022&sol;05&sol;Isimemen-Etute-7&period;jpg" alt&equals;"" class&equals;"wp-image-408694" width&equals;"839" height&equals;"539"&sol;><figcaption><strong>Former Virginia tech player Isimemen Etute &lbrack;photo&rsqb;&comma; testified that he felt &&num;8216&semi;violated&&num;8217&semi; after Smith lied to him&period; <&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p>The former Virginia tech player also testified that he felt &&num;8216&semi;violated&&num;8217&semi; after Smith lied to him&period; <br>One of the prosecutors said at closing arguments Friday that Etute gave different versions of events to police and the jury&comma; and that the charge may have been enough for him to change his testimony&period; <br>&&num;8216&semi;He has a tremendous amount riding on this trial&comma;&&num;8217&semi; Jensen had said during his closing argument hours earlier Friday&comma; The Roanoke Times reported&period; Defense attorney Jimmy Turk also told the jurors earlier on Friday&comma; May 27&comma; that the commonwealth&&num;8217&semi;s evidence was circumstantial&comma; while the defense&&num;8217&semi;s evidence&comma; which included the testimony of Etute&comma; was direct&period; <br>Turk also said Smith was &&num;8216&semi;controlling the entire environment and the entire episode&period;&&num;8217&semi; He added that Smith had &&num;8216&semi;demanded that it be dark&&num;8217&semi; and had hidden a knife under his mattress &&num;8216&semi;in case there was something awry&period;&&num;8217&semi; <br>Turk also argued that police didn&&num;8217&semi;t ask Etute essential questions about Smith&&num;8217&semi;s knife or Etute&&num;8217&semi;s fear while in the apartment&comma; two questions whose answers could have shown whether Etute was afraid for his life and acting in self-defense&period; <br>The jury deliberated for approximately three hours before returning its not guilty verdict around 6&period;30pm&comma; The Roanoke Times reported&period; <&sol;p>&NewLine;

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