It sounds suspect that he allegedly didn't use the self defense angle at the start.
Also, it's interesting that Virginia has this law:
On July 1, 2021 -- 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. 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.