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Suspect claims he punched and stomped the victim after their sexual encounter, leaving them "bubbling and gurgling"
(Photo courtesy of Montgomery County Jail)
Isimemen David Etute, 18, of Virginia Beach, told police he had matched with someone named “Angie” on Tinder. On April 10, he visited the victim’s apartment in Blacksburg, Virginia, for oral sex. He returned to the apartment on May 31 to engage in sex, only to discover that “Angie” was Jerry Paul Smith, a 4o-year-old restaurant worker, whose family identified him as an out gay man.
Etute told police he became angry, and punch Smith five times in the face, continuing to punch and “stomp” on his face and body, even after Smith fell to the ground. Etute claimed he heard Smith “bubbling and gurgling” as he left the apartment, but never called police.
His defense lawyer, James Turk, argued in court that there were extenuating circumstances that led to the altercation between his client and Smith, claiming Smith had solicited the 18-year-old for sex and that Etute did not know Smith was a man during their first sexual encounter.
“I’m not saying what happened was acceptable, but this was more than someone just showing up to an apartment and punching someone,” Turk said.
“Nobody deserves to die, but I don’t mind saying, don’t pretend you are something that you are not. Don’t target or lure anyone under that perception. That’s just wrong,” Turk said after the hearing, according to the Times-Dispatch.
these "panic" defenses are disgusting