In the courtroom, defense attorney Jimmy Turk of Radford said that Smith had solicited Etute for sex. The trial took . Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. A former Virginia Tech football player accused of killing a man he'd had a sexual encounter with, believing he was a woman, has been acquitted of murder. Both experts testified about a frothy fluid coming out of Smiths mouth that ran down his sweatshirt in the crime scene photos. Fleenor also allowed the defenses proposed instructions on self-defense. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. A suspended Virginia Tech Hokie linebacker took the stand in his own defense during his trial for killing a person who he alleges pretended to be a woman during an intimate encounter. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. When he returned to the the darkened Blacksburg apartment on May 31 for what Angie believed would be another sexual encounter, Etute allegedly told detectives, he used his phone flashlight to illuminate her face and discovered she was a man. Ismemen David Etute, 18, was charged in the death of Blacksburg restaurant managerJerry Paul Smith after allegedly punchingand stomping the 40-year-old multiple times on May 31. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Isimemen Etute has three siblings including a younger sister, 15, with Down syndrome.Taking the stand, the suspect told court he has never been in trouble with the law and that he was a model student who graduated high school early to start at Virginia Tech in January.Etute is currently on suspension from Virginia Tech and its football team. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Applebaum, 2013 WL 286230 (4th Cir. The Registered Agent on file for this company is Jerry Paul Smith and is located at 119 N Main St Apt 207 Suite 207, Blacksburg, VA 24060-3945. Sign up for our newsletter to keep reading. This story was updated Friday morning with comments about HB 2132 from Del. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. There was a problem saving your notification. Samantha Rosenthal, associate professor of history at Roanoke College and co-founder of the Southwest Virginia LGBTQ+ History Project, wrote in an email Thursday: Regardless of the victims gender identity, the comments by Etutes attorney demonstrate that the defense intends to use transness as an issue in this case. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Businessman Jerry Smith was found . The Papers Are Already Filed, Queerbaiting, Latine, and WOC Among New Words Added to Dictionary.com, Black Trans & Nonbinary Youth at High Risk of Suicide: Report, What to Know About 2023's HIV is Not a Crime Awareness Day, Kerri Colby Spills on Sasha Colby's Legacy & Kim Petras Making History, Youngkin Latest GOP Gov. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. Thats just wrong.Isimemen Etute was released on $75,000 secured bond per Judge Randal Duncans ruling and placed under house arrest with electronic monitoring, Commonwealths Attorney Mary Pettitt said in a release. British Summer Time begins in March but do you wind your watch forward Britain braces for brutal -9C Arctic snap: Met Office warns more snow and ice could lash the country next Could Northern Ireland become the UK's Silicon Valley? All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. Ismemen David Etute, who appeared in Montgomery County District Court in Virginia on Wednesday for a bond hearing after being charged with second-degree murder, told police that he punched Smith five times in the face and continued punching and stomped Smith after he fell down ground in response to the revelation that Smith was not the woman he expected to meet, according to a summary of arguments made in court. Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. ", Turk responded by telling the court, "I'm not saying what happened was acceptable, but this was more than someone just showing up to an apartment and punching someone.". Im just thankful for this jury. A suspended Virginia Tech football player accused of killing a gay man has said he became enraged after discovering the person he had met for a sexual encounter was male. When do the clocks change in 2023? Etute, then an 18-year-old early enrollee at Virginia Tech, fatally beat Smith on May 31 at the Blacksburg restaurant workers apartment, according to court testimony. Sometimes dual prosecutions are launched, such as those against the former Minneapolis police officers charged in the death of George Floyd and against Dylann Roof, a white supremacist sentenced to death for a church shooting in Charleston, South Carolina. It would have been applicable, but this (ruling) is purely procedural, Fleenor said. Dont target or lure anyone under that perception. A college football player allegedly stomped his Tinder date to death after he discovered the woman named Angie hes had oral sex with was actually a man. It doesn't matter if you're mad. BLACKSBURG, Va. (WDBJ) - A man found dead in Blacksburg this week died of blunt force injuries to the head, according to the Roanoke Medical Examiner's Office. In anobituary, Smiths family remembered restaurant manager whose nephews nicknamed Gigi as a polite young man throughout his life. It is the right decision and right now Im still just overwhelmed.. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing Smith. . The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. No cause of death has been released. Reactions to the killing of Jerry Paul Smith, a 40-year-old restaurant project manager, grew louder after a Wednesday bond hearing for Isimemen David Etute, 18, of Blacksburg. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. According to the autopsy, all the bones in Blacksburg resident Jerry Paul Smith's face were broken, his teeth were missing and he had multiple cranial fractures. The 18-year-old was charged with the death of Blacksburg restaurant manager Jerry Paul Smith after allegedly punching and stomping the 40-year-old multiple times on May 31. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Smith was discovered dead the following day after his family requested a welfare check. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name "Angie." (Smith's family has identified the victim as a gay man, according to ABC affiliate WSET, and . Email notifications are only sent once a day, and only if there are new matching items. At a time when were seeing record-high violence against our gay and transgender neighbors, I think the federal government can essentially make a policy statement that these kinds of cases should be prosecuted, he said. It certainly is one that could be investigated as a possible federal hate crime, said Brian Levin, a law professor at California State University and director of the schools Center for the Study of Hate and Extremism. The man who hid the knife or this goofy, gullible kid, Turk said. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. Edit: And for more proof that "Angie Renee" and Jerry Smith are the same person, the laptop with the Vineyard Vines sticker on "Angie's . Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. Who would be more likely to resort to violence? Summaries of the evidence said the defendant returned to Smiths apartment on May 31 for more sex, where he discovered the person he had been matched with was a man. A former Virginia Tech football player accused of killing a man who gave him oral sex has been set free by a Virginia jury. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second, Former Virginia Tech linebacker Isimemen Etute will get a chance to play football this season following his acquittal on a second-degree murde. The beating that ensued broke all the bones in Smith's face and left the victim with cranial fractures and missing teeth, according to the autopsy. Gerald Thomas Smith (July 19, 1943 - October 15, 1986) was a professional American football tight end for the National Football League 's Washington Redskins for 13 seasons, from 1965 through 1977. Im not sure what the evidence is in this case beyond news reports, though that is what the federal investigators would be looking for, he wrote. Left. Turk spoke to reporters outside the courthouse after watching bailiffs remove the ankle bracelet Etute had been required to wear since being bonded out of jail on June 9. The defendant told the court he believed he bruised [Smith] up a little but was surprised to learn from police that the victim had died. The legal strategy is thought to secure more lenient sentences for defendants who claim their violent acts were a response to learning a victim's sexual orientation or gender identity. Jerry was a restaurant manager and known as a polite young man throughout his life. Im not saying what happened was acceptable, but this was more than someone just showing up to an apartment and punching someone, Turk reportedly said during the hearing. He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. After a near-anonymous sexual encounter with Angie and her apartment on April 10, 2021 during which Etute allegedly told detectives she kept her place dark, hid her face with a hoodie and paid him $50 after performing oral sex on him, according to ABC affiliate WJLA Etute allegedly said he began to suspect Angie was not a woman. I was upset with myself, even, because I never intended to harm anyone.. Danica Roem, D-Prince William. At the hearing in Montgomery County General District Court with more than a dozen Hokie football players in attendance, Judge Randal Duncan heard a prosecutors statements that Etute told police he went to Smiths downtown apartment to engage in sexual activity. In his opening statements on Wednesday, Defense attorney Jimmy Turk said his client beat Smith because it was the only thing reasonably could do to ensure he got out of Jerry Smiths apartment alive.. Etute also told police that Smith did not fight back. He then allegedly admitted to detectives that he punched Smith five times, possibly kicked his victim in the face and ran out to sounds of "bubbling and gurgling," according to the Richmond Times-Dispatch. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. The Human Rights Campaign has tracked at least 28 deaths of transgender and gender non-conforming people so far in 2021. It's that the judge would have to instruct the jury to not let that affect their decision," she said. For example, Congress expanded the definition of hate crimes in 2009, adding protections against crimes based on gender identity or sexual orientation and allowing a federal prosecution when it is in the public interest. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Nebraska cheerleader competes by herself at state competition, but crowd doesn't let her feel alone, Last of 13 Radford University 'frat brawl' defendants is sentenced, Richmond's John Marshall boys basketball reclaims No. This is trial by ambush, Jensen argued. All the bones in Smith's face were broken and his teeth were missing, the report said. (Smith's family has identified the victim as a gay man, according to ABC affiliate WSET, and Smith is not listed on the Human Rights Campaign's compendium of transgender and non-conforming people killed in 2021.). An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. This is one of the proudest moments Ive ever had as a lawyer, Turk said. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. US firms waiting in the wings read to pump 'billions Parents' fury as schools STILL won't tell them if they are closed tomorrow as teacher strikes continue. Making the case for granting bond, Etutes attorney had the 18-year-old and his mother take the stand. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . (Matt Gentry/The Roanoke Times via AP, Pool) Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. On Friday, Radford lawyer Jimmy Turk said he is now representing Ismemen David Etute, 18, a Virginia Tech freshman charged with killing Smith. Joe Cobb is a member of the Roanoke City Council. Turk was able to get the lead detective on the case, Ryan Hite, to tell the jury on Thursday during cross-examination that he would have referred Smiths actions in this case obtaining sex through false pretenses to the commonwealths attorney had he known about them. Etute was ordered released on $75,000 secured bond under conditions of house arrest and electronic monitoring, the Roanoke Times reported, citing Commonwealths Attorney Mary Pettitt. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. We are no longer accepting comments on this article. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. I hope this terrible incident will make more real the jeopardy and the work we still have to do to prevent the kind of knee-jerk, irrational behavior that weve grown up with as males in our society.. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith following a three-day trial in Montgomery County Circuit Court. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. Mary Pettitt, the Montgomery County commonwealths attorney who is pursuing the second-degree murder charge, wrote in an email that Virginia law has a hate crime enhancement statute for assault and battery but not for murder. If it was a man, I was just going to run out, Etute testified. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. Powerful Commons committee could look at case for banning stoves in towns and Bird flu HAS mutated to infect people: Fresh pandemic fears as scientists on ground zero in Cambodia find China hits back at FBI claim that Wuhan lab leak likely caused global COVID outbreak - still no consensus Morbidly obese girl who died during lockdown begged her mother to clean her 'leaking legs' in Psychiatrist: What most women don't know about their hormones - and why you start drinking and smoking more Shamima Begum and other British women who joined Islamic State and are being held in Syria will 'ultimately' Don't just stick to the Malbec! Published: 16:38 GMT, 10 June 2021 | Updated: 22:39 GMT, 10 June 2021, Jerry Paul Smith (pictured) was found beaten to death in his own apartment on June 1. Get up-to-the-minute news sent straight to your device. The jury returned a true [] Duncan granted bail and said there was no reason to believe that Etute would fail to appear for his trial or that he is a threat to the community. Mike Gangloff covers crime, breaking news and courts in the New River Valley. Etute told court he has never been in trouble with the law and that he was a model student who graduated high school early to start at Virginia Tech in January. A 19-year-old former Virginia Tech football player has pleaded not guilty to second-degree murder charges in the death of 40-year-old Jerry Paul Smith. Jerry Paul Smith was killed May 31 at his home in Blacksburg, Va. A medical examiner ruled he died of blunt force trauma to the head; an autopsy further revealed that every bone in his face was broken and that he had skull fractures, the Roanoke Times reports. From left: Ismemen David Etute and Jerry Paul Smith, Former College Football Player Accused of Killing Man He Met on Tinder, 73 Photos of Naturally Naked Men by Terry Hastings, 23 Masturbation Tips for People With Vaginas, 22 Terrifying Sexual Fantasies That Must Be Talked About, 30 Kinky Terms Every Gay Man Needs To Know, 10 Sex Toys for All Genders and How to Use Them, Alternative Orgasms: 20 New Ways to Hit the Spot, Black Trans Woman Shot to Death, Found in Burning Building in Milwaukee, Chicago's Lesbian Mayor Lori Lightfoot Resoundingly Loses Reelection, Marsha P. Johnson Institute Celebrates Black Trans Lives, Mississippi Gov. Etute was arrested on June 2 and charged with second-degree murder.He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. It can cover both assaults and murders, and is punishable by 10 years to life in prison. One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. Jeremy Clarkson is axed as Who Wants To Be A Millionaire? 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Ismemen David Etute, 18, told cops he went to the Blacksburg apartment of 40-year-old Jerry Smith in April for oral sex after matching up with someone named Angie on Tinder, the Roanoke Times reported. A suspended Virginia Tech Hokie linebacker took the stand in his own defense during his trial for killing a person who he alleges pretended to be a woman during an intimate encounter. Trans people do not owe anyone disclosure about their upbringing, their anatomy, or their past.. Isimemen Etute, 18, of Virginia Beach, was charged with second-degree murder in connection with the death of Jerry Smith in Blacksburg, where Virginia Tech is located, police said earlier this month. Turk spent much of his closing statement arguing Etute, who testified on his own behalf, acted in self-defense after Smith swung at him and reached under his mattress. No one has identified Smith as transgender; his family has said he was a gay man. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Woman is left 'looking like Rose West' thanks to unflattering Tory Eurosceptics could take TWO WEEKS to decide whether to back Rishi Sunak's Brexit deal for Northern Watch as shoplifter puts BACK products he's trying to steal after live CCTV hub tells him: 'You're being Is YOUR lifestyle good for your heart? Thats always nerve-wracking. But the reality is that trans people often conceal parts of themselves expressly to avoid the violence, harassment, and discrimination that is so often directed against us, Rosenthal continued. Businessman Jerry Smith was found . Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. A man he met on Tinder is charged with second-degree murder. This is horrific. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. It came out in court Wednesday morning that the victim in last week's homicide, 40-year-old Jerry Paul Smith, and Etute had known each other for a short while. The police searching Smiths apartment found a knife hidden between the mattress and box spring in the spot where Etute alleged the attack took place. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. Attorneys said Isimemen Etute matched with Smith on Tinder, which led to a sexual encounter in April 2021. The Virginia Tech linebacker (pictured) allegedly stomped a man to death during a Tinder date after he discovered his date had been posing as a woman named 'Angie', Etute's mother (pictured left) told the court her son is not a flight risk and had never been in any trouble before, Etute told court he has never been in trouble with the law and that he was a model student who graduated high school early to start at Virginia Tech in January. Dont target or lure anyone under that perception. EXCLUSIVE: Lanzarote sticks to its guns and insists it WILL limit tourists and move away from relying on Nearly half of British viewers believe ethnic minorities and LGBT communities are over-represented on TV, Is YOUR wood burner at risk? The linebackers team profile was not active Thursday. Reactions to the killing of Jerry Paul Smith, a 40-year-old restaurant project manager, grew louder after a Wednesday bond hearing for Isimemen David Etute, 18, of Blacksburg. Supports Anti-Drag Bill But Apparently Once Posed in Drag, Florida Legislator Aims to Expand Dont Say Gay Law, Libs of TikTok's Chaya Raichik Writes Book, Goes on Crazy Promotional Tour, Alleged Pride Flag Arsonist Yells 'Its All Fake' During Hearing, Domestic Violence and Sexual Assault Support Grant Announced in Kansas, Madonna's Older Brother Anthony Ciccone Is Dead at 66, Marjorie Taylor Greene Wants Divorces? Isimemen David Etute demonstrates the altercation he was involved in to as Chief Deputy Commonwealth's Attorney Patrick Jensen, left, looks on in Montgomery County Circuit Court in Christiansburg Va., Thursday May 26 2022. The Human Rights Campaign has tracked at least five more times and stomped on him, Commonwealth attorneys the. But this ( ruling ) is purely procedural, Fleenor said Smith Tinder... Do so before jury deliberations of the Roanoke City Council the knife or this,! Are new matching items had solicited Etute for sex Hen and Bar Blue in Blacksburg but... 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