Isimemen David Etute and defense attorney Jimmy Turk talk in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.(Matt Gentry/The Roanoke Times via AP, Pool) Isimemen David Etute hugs his defense attorney Jimmy Turk after closing arguments in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.Judge Mike Fleenor delivers instructions to the jury in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.Defense attorney Jimmy Turk points towards his client during closing arguments in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.Chief Deputy Commonwealth’ss Attorney Patrick Jensen presents closing arguments in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.Isimemen David Etute in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022.However, if the jurors don’t believe it was second-degree murder, the prosecution advised them to charge Etute with voluntary manslaughter. “If you believe from the evidence that he told police on June 2 as being true, then you should find him guilty of second-degree murder,” Jensen said, arguing that Etute beat Smith to death and he did it with malice.
The prosecution claimed Etute had a motive to change his statement, but asked the jury what they believe. More specifically, on June 2, 2021, Etute told the Blacksburg Police Department that Smith never had a weapon, but on Thursday, May 26, Etute testified that Smith reached for what Etute thought was a gun and fought back. The prosecution then emphasized the size difference between Etute - a teenage Division 1 athlete who is 6 feet 2 inches tall and weighs over 200 pounds - and the 153-pound Smith.Īfter that, Jensen discussed how Etute’s testimony in court differed from what he told police in the interrogation room last year. Once an unlawful killing has been shown, there is a presumption that it was with maliceĪt that point, Jensen argued that Etute killed Smith with malice, which is the unintentional doing of a wrongful act at a time when a person’s mind is taken under control of reason.The prosecution does not have to prove malice.Smith’s death was an unintentional killing.Jensen continued by showing slides discussing what the prosecution thought were important jury instructions: Montgomery County Deputy Chief Commonwealth’s Attorney Patrick Jensen spoke first, starting by saying that he didn’t known why Smith was being deceitful and that “the internet and social media are truly the Wild West.”
UPDATE 5:33 p.m.: Jury deliberations are underway after closing statements wrapped up in the murder trial for Isimemen Etute in connection with the death of Jerry Smith in Blacksburg last year. Then, the prosecution’s motion to remove Ehis as a witness was brought back into discussion, with the prosecution saying that if the judge allowed Etute’s brother to testify, it would be considered “a trial by ambush.”Īfter that, the defense rested their case, which was followed by jury instruction before the closing statements begin. Shortly afterward, the judge asked for all the witness to come into the courtroom and asked them not to discuss witness testimonies, court rulings, and what goes on in the courtroom with anyone. Once the jury left, the prosecution claim that a discovery order was signed and submitted by March 31, requiring the defense to disclose their witness list no later than 10 business days before the trial.Ībout 10 minutes went by before the prosecution and defense came out to grab notepads and bring Etute’s brother to speak with the judge.
(WFXR) - On the third day of the murder trial for Isimemen Etute - the former Virginia Tech football player charged in connection with the death of Jerry Paul Smith last year - the defense rested their case, which means two hours of closing arguments are set to begin Friday afternoon.Īs the proceedings began on Friday, May 27, the defense stipulated that the Commonwealth did not disclose crime scene photos of Smith’s apartment before June 17, 2021.Īfter that, Etute’s brother, Ehis, was called the the witness stand, but then the prosecution wanted to discuss something off the record without the jury present, making a motion to exclude Etute’s brother as a witness.