Isimemen Etute Case: Charges, Gay Panic Defense, and Acquittal

The Isimemen Etute case ended on May 27, 2022, when a Montgomery County, Virginia jury acquitted the former Virginia Tech freshman linebacker of second-degree murder in the beating death of 40-year-old Jerry Smith. Etute, then 18, had gone to Smith’s Blacksburg apartment on May 31, 2021, after learning that the “Angie Renee” he had matched with on Tinder was in fact a man. He beat Smith to death inside three minutes and claimed self-defense at trial. The jury also acquitted him of the lesser charge of voluntary manslaughter.¹

Who Jerry Smith Was

Smith was a 40-year-old Giles County, Virginia man who lived in Blacksburg and had, since at least 2015, used a female persona called “Angie Renee” across Tinder, Twitter, and Facebook. The photos were stolen from a woman he did not know and presented “Angie” as a 28-year-old physician. Smith insisted that his apartment stay completely dark during any encounter, telling matches the secrecy was required by his job.²

Court records showed Smith had been cited, arrested, or involved in at least 36 criminal incidents over the two decades before his death, including charges of fraud, sexual battery, felony larceny, felony embezzlement, and a conviction for computer trespass. In 2002, while training as an EMT, he was jailed in Botetourt County after a bunkmate accused him of groping him in his sleep. In 2015, a mother found sexually explicit Facebook messages between her underage son and “Angie”; a private investigator traced the account to Smith, but no charges followed. None of the incidents led to more than a few days in jail.²

What Happened the Night of the Killing

Etute first matched with “Angie Renee” in early April 2021. He went to Smith’s apartment on April 10 with teammate Da’Shawn Elder, who left before anything happened. Etute stayed, and Smith performed oral sex on him in the dark. Smith kept texting afterward and offered him money to come back. Etute tried to block the number.²

Weeks later another Virginia Tech player, Jalen Hampton, also matched with the profile and had an unsettling experience. Smith then contacted Etute and asked him to vouch for “Angie.” On the night of May 31, 2021, Etute, Hampton, and teammate Jordan Brunson drove to Smith’s apartment to figure out whether the person was a man.³

Etute went in alone at about 10:07 p.m. He testified that Smith pulled his hand between his legs; he lit his phone flashlight, saw that Smith was a man, and punched him in the jaw, knocking him to the floor. He kept punching and kicking Smith before running out. Hallway security footage showed Etute was inside for less than three minutes. Eight bloody footprints led from the bedroom to the door. Brunson testified that as they drove away Etute said, “It was a guy.”²

Smith’s brother John found the body the next day, after Jerry didn’t answer a phone call.⁴ The Roanoke medical examiner ruled the death a homicide caused by blunt force injuries to the head.⁵ Nearly every bone in Smith’s face was broken, four teeth had been knocked out, and he had inhaled blood from his injuries.²

The Charge

Etute was arrested on June 2, 2021, and charged with second-degree murder, which in Virginia carries five to 40 years.³ A Montgomery County grand jury later indicted him on the same charge.⁶ He was released on bond a week after his arrest.⁷ Virginia Tech placed him on interim suspension the day of the arrest, ending his football career at the school.⁸

The Trial

The case was heard in Montgomery County Circuit Court in Christiansburg before Judge Mike Fleenor, with a jury of nine women and four men. Chief Deputy Commonwealth’s Attorney Patrick Jensen and Assistant Commonwealth’s Attorney Jason Morgan prosecuted; Jimmy Turk and Katie Turk represented Etute.⁹

The Prosecution’s Theory

Prosecutors did not contest the catfishing. They argued that whatever the deception, it did not justify beating a man to death, and that Etute had lashed out in rage after realizing Smith was a man.¹ Their central evidence was the medical examiner’s account of the injuries, the security footage timing the attack, and a bloody shoe print on Smith’s cheek that matched a stomp Etute admitted to.³

They also played Etute’s June 2 police interrogation. Detective Ryan Hite testified that during the hour-long interview Etute admitted to five punches and two kicks but said nothing about fearing for his life or Smith reaching for a weapon.² In closing, prosecutors emphasized that the story about Smith reaching for a hidden knife appeared only after Etute had been charged.³

The Defense’s Theory

Jimmy Turk argued self-defense. He called Smith a “sexual predator” who had controlled every part of the encounter, from the darkness to the false identity, and who had hidden a knife between his mattress and box spring “in case there was something awry.”¹¹⁰

Etute took the stand and testified that he felt “violated” when he realized Smith was a man, that he believed Smith was reaching for a gun, and that he punched and kicked to create room to escape. No gun was found, but police did recover a knife under the mattress, which the defense pointed to as corroboration.¹ Turk also attacked the police interview, saying detectives never asked Etute whether he feared for his life or saw Smith reach for a weapon, the questions that would have surfaced a self-defense claim on the spot. In closing, he asked the jury to decide “who was the more likely aggressor: the man who had the knife or the shy, goofy 18-year-old kid?”¹¹

The Gay Panic Defense Ruling

Virginia had just banned the so-called “gay panic” defense. House Bill 2132, sponsored by Delegate Danica Roem, prohibited using a victim’s actual or perceived sexual orientation or gender identity as a defense or mitigating factor. Governor Ralph Northam signed it on March 31, 2021, making Virginia the twelfth state and the first Southern state to enact such a ban. The law took effect July 1, 2021.¹²

The killing fell in the gap. Smith died on May 31, 2021: after the bill was signed, before it took effect. Prosecutor Patrick Jensen asked the judge to instruct the jury that the panic defense was unavailable.¹³ Judge Fleenor ruled that the statute could not be applied retroactively.¹⁴ Roem called the defense’s position “wildly invalid” and said invoking it conceded that Smith’s sexual orientation was the driver of the killing.¹⁵ Turk maintained the ban was beside the point, saying, “That’s not what led to the death.”

The Verdict

The trial ran three days. After roughly three hours of deliberation on May 27, 2022, the jury acquitted Etute of second-degree murder and of the lesser included charge of voluntary manslaughter.⁹ Jensen declined to comment and directed questions to Commonwealth’s Attorney Mary Pettitt. Smith’s family left the courtroom as soon as the verdict was read.¹

Where Etute Is Now

Etute entered the NCAA Transfer Portal on June 3, 2022, a week after the verdict, and was immediately eligible to play elsewhere.¹⁶ He played one season at Iowa Western Community College, appearing in 11 games and helping the team win the NJCAA National Championship, then transferred to the University of North Carolina Pembroke, a Division II program, where he moved from linebacker to defensive end.¹⁷

His 2025 season at UNCP produced 50 total tackles and league-leading marks in tackles for loss and sacks. He was named Conference Carolinas Defensive Player of the Year, selected to the American Football Coaches Association All-America Team, and named a finalist for the Cliff Harris Award in January 2026.¹⁸

1
CBS News. Isimemen Etute Virginia Tech Football Player Acquitted Murder
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ESPN. Isi Etute, Football Player Killing Trial Justice
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ABC News. Virginia Tech Football Player Isimemen Etute Found Not Guilty
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VPM. Victim’s Brother, Medical Examiner Take Stand in First Day of Etute Trial
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WFXR. Medical Examiner Rules Cause of Death in Blacksburg Homicide as Blunt Force Injuries to the Head
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WSET. Virginia Tech Football Player Accused of Murdering Tinder Connection Indicted
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The Washington Post. Isimemen Etute Bond Details Murder Investigation
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WAVY. Trial Date Set for Suspended Virginia Tech Football Player Indicted for Murder Charge
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MyFox8. Day One of Isimemen Etute’s Murder Trial
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The Seattle Times. Jurors Deliberating in Former Football Player’s Murder Trial
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WSET. Former Virginia Tech Football Player Found Not Guilty
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NBC News. Virginia Becomes 12th State to Ban Gay Trans Panic Defense
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Washington Blade. Former VA Tech Football Player Found Not Guilty in Beating Death of Gay Man
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The Advocate. Gay Trans Panic Defense Leads to Accused Killer’s Acquittal
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VPM. Law Banning Gay Panic Defense Tested as Former Tech Football Player Goes to Trial
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WDBJ7. Former Virginia Tech Football Player Acquitted of Murder Enters NCAA Transfer Portal
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UNC Pembroke Athletics. Isi Etute Football Roster
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UNC Pembroke Athletics. Etute Named AFCA All-American