With no Virginia [hate] crime for me to even possibly charge, I dont have to make a call on whether it was an anti-gay violence, Pettitt wrote. Isimemen David Etute and defense attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg earlier this year. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. An autopsy report revealed Smith died from blunt force trauma to the head, theRichmond-Times Dispatchreported.All the bones in Smiths face were broken and his teeth were missing, the report said. Jensen didnt defend Smiths conduct in his closing statement, but said the brutal beating showed the malice required for a second-degree murder conviction and the defendants contradictory statements were enough to cast doubt on the self-defense claim. After being prodded by friends in the prior weeks about whether Angie was actually a woman, Etute admitted he went back to the apartment with twofriends, who waited outside in the hallway of Smith's apartment complex. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. 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. 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. Hes going to get his life back, and Im hopeful., Jury instructions in the spotlight on day three. VIVID AFFAIRS LLC is a Virginia Domestic Limited-Liability Company filed on October 22, 2020. Link your TV provider to stream full episodes and live TV. 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. It appears that Smith lived as a man during his day to day life, including at work, and his family referred to him with male pronouns. 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.. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. 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. Smith's body was discovered in his apartment the following day, Blacksburg Police said in arelease. A man he met on Tinder is charged with second-degree murder. He has a motive for changing what he said, Jensen said. Princess Diana's nieces Lady Eliza and Amelia share 'Appalled and sickened but not surprised at all': Fury of Covid families as WhatsApps 'show Matt Hancock Head over heels for Kate! Please subscribe to keep reading. And he spoke at my wedding, Lindsey Turk said. EXCLUSIVE - Revealed: Carol Kirkwood's secret toyboy fianc - 13 years her junior - is a divorced police 'Digital antidepressants' to be rolled out on the NHS as health bosses give eight apps and web-based therapy Jerry Paul Smith - Regionalobituaries.com | Regionalobituaries.com, Blacksburg murder suspect released on bond; lawyer says victim lured suspect with fake Tinder profile, Court hearing reveals new details in case of suspended Virginia Tech player charged in Blacksburg mans death, Do not sell or share my personal information. 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 . You can cancel at any time. There was a problem saving your notification. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. She also told the court her son would help take care of his younger sister with special needs. The man who hid the knife or this goofy, gullible kid, Turk said. Virginia Tech linebacker, Ismeme Etute, 18, allegedly stomped a man to death during a Tinder date after he discovered his date had been posing as a woman named 'Angie.' . If it was a man, I was just going to run out, Etute testified. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Turks hope now is that Etute is able to reclaim his life. I felt violated, Etute said, of discovering Smiths identity. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. 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 . Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. Joe Cobb is a member of the Roanoke City Council. Jerry was a restaurant manager and 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. Friends and family for both Etute and victim Jerry Paul Smith filled the . Trans people do not owe anyone disclosure about their upbringing, their anatomy, or their past.. There was a problem saving your notification. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. A suspended Virginia Tech football player accused of killing a gay man . Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. One of the focal points of the case was the defenses pretrial motion to use a Gay/Trans Panic Defense, which they filed earlier this month. 2023 NYP Holdings, Inc. 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ROANOKE REGIONAL RESTAURANT GROUP LLC is a Virginia Domestic Limited-Liability Company filed on May 5, 2021. host: ITV boss who 'forced out Piers Morgan' Police inspect burnt items as hundreds of officers and volunteers with sniffer dogs scour parkland for From nightmares to candy cravings, the seemingly innocuous habits in children that may be early warning What you need to know about new number plates on cars being sold across the country TODAY. I did prepare him for the worst before today. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. 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. I cant imagine being him, Turk said. Etute had previously been to Smiths residence on April 10 for oral sex under the impression that he was going to meet someone named Angie, attorneys for both the defense and prosecution told Judge Randal Duncan, according to the Roanoke Times. The jury returned a true [] 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. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. Etute and his parents who left the courtroom through a back exit didnt have a statement to make at this time, according to Turk. 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 . {{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. The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. Stressful start to National Offer Day? The facts for the most part in this case are not contested, Jensen said, in his closing statement. 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. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. There just needs to be a scintilla, and there may be all there is in this case, its not that much, Fleenor said, in siding with the defense. Smith was left bubbling and gurgling on the floor of his home, according to what Etute told police, Morgan said. The defendant mother Michelle Etute spoke to her sons character, telling the court he is not a flight risk and had never been in any trouble,WDBJ7.comreported. [3] Thats always nerve-wracking. 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. Turk, who has been practicing law for 36 years and tried more than 70 murder cases, nervously paced the hallways while the jury deliberated for more than three hours. Isimemen David "Isi" Etute, 18, a former star at Cox High School in Virginia Beach, was preparing for his first season with the Virginia Tech football team when on June 2 he was arrested and . 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. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. I feel like Ive let a lot of people down. 'Don't target or lure anyone under that perception. Staff writers Neil Harvey and Mike Niziolek contributed to this article. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. View the profiles of people named Jerry Paul Smith. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. His family asked that donations be sent in Jerry's honor to St. Jude's Children's Hospital in lieu of flowers. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. Federal law makes it a crime to willfully cause bodily injury because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person.. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. Ultimately, authorities will have to decide whether a case is more suitable for federal or state prosecution although cases can be brought in both court systems without violating a defendants protection against double jeopardy, Levin said. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. The Roanoake Times reports that Isimemen Etute who claimed he'd been duped into thinking the man he later killed was a woman was acquitted of second-degree murder after a trial that lasted three days. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. Jerry Smith. CHRISTIANSBURG, Va. (WDBJ) - The trial of former Virginia Tech football player Isimemen Etute began in court Wednesday. Etutes mother spoke to her son's character, telling the court he is not a flight risk and had never been in any trouble,WDBJ7.com reported. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. Smith would go as a man (Jerry Smith) in most contexts but would go as a woman (Angie Smith) on Tinder and when having sex with people. Real hard, Etute said. 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. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Last week, a spokesperson for Smiths family described him as a proud, openly gay man. Etute, 18, a former star at Cox High School, was preparing for his first season at Virginia Tech when he was arrested and charged in the death of Jerry Paul Smith. The law states that juries could not consider such reactions as legitimate justification. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Dont target or lure anyone under that perception. The Virginia Tech linebacker charged with second-degree murder was granted bond during a hearing Wednesday morning in Montgomery County General District Court in Christiansburg, Va., as reportedly sordid details emerged surrounding the case.Isimemen David Etute, 18, was arrested on June 2 and charged in the death of Blacksburg, Va., restaurant managerJerry Paul Smith after allegedly punchingand stomping the 40-year-old multiple times on May 31. A Celebration of Life Service will be held at 2p.m. I was just in shock, in disbelief that someone tricked me and lied to me.. Email notifications are only sent once a day, and only if there are new matching items. A suspended Virginia Tech football player admitted to police that he beat Blacksburg resident Jerry Paul Smith to death after discovering that Smith, whom the defendant met on the dating app Tinder and with whom he agreed to engage in sexual acts, was a man, prosecutors said, citing police statements. Ex-Virginia Tech linebacker Isi Etute pleaded not guilty to second-degree murder in the killing of Jerry Smith, whom Etute met on Tinder as "Angie." The prosecution objected on the grounds that a reach the defense alleged that Smith reached under his bed where a knife was later found by police didnt constitute the necessary overt act for self-defense. Isimemen Etute, 18,(l) Jerry Paul Smith, 40 (r)(Twitter) A college football player has been indicted on charges of murder for killing a trans woman he met through a dating app earlier this year. 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. Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. Tharp testified that most of the bones in Smiths face were broken, he had bleeding and swelling inside his brain and he had multiple teeth knocked out. 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. Tags NCAA What people . The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. Get the latest in local public safety news with this weekly email. I was just shocked and in disbelief that someone had tricked me and lied to me.. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. In a June 9 hearing, prosecutors said Etute, who was at the time a linebacker on the college's football team, told police he punched Smith several times in the face after learning they were not anatomically female. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. 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 One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. Defense attorney Turk also asked Brunson about a conversation he had with Etute on June 11, two days after his client was bonded out of jail. Etute had entered Virginia Tech at midterm and participated in training with the football team. A Montgomery County judge certified on Sept. 23 a charge of second-degree murder of Blacksburg resident Jerry Paul Smith against Isimemen David Etute, suspended Virginia Tech football player. Roanoke City Council member Joe Cobb, who identifies as a member of the regions LGBT community, had similar thoughts, saying the larger picture was of how LGBTQ people are seen by the wider society and often have been blamed for crimes in which they were the victims. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Heaphy, who is now chief counsel at the University of Virginia, said the offender in such a case may claim that he was acting out of shock or surprise at the victims gender, or that deception was involved. Smith performed oral sex on Etute on April 10, and Etute returned to the apartment with two of his former teammates in May seeking to determine if Smith was a man or woman. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. Railroad shut down while police investigate reports of shots fired prior to injury accident.Railroad shut down while police investigate reports of shots fired prior to injury accident. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . Sign up for our newsletter to keep reading. Furious motorist is fined 650 after council worker paints disabled bay around his parked car. The move drew an immediate objection from the prosecution, since Ehis Etute wasnt among witnesses submitted to the court by the defense during the pre-trial phase. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. To charge a hate crime, prosecutors would have to determine whether the defendant acted with a bias as defined under the law, according to Timothy Heaphy, who served as U.S. attorney for the Western District of Virginia under President Barack Obamas administration. You can only imagine the feelings of someone they have been found not guilty and no longer have that on their shoulders, how that would feel. According to the Federal Bureau of Investigations most recent hate crime statistics, from 2019, 16.7% of hate crime victims were targeted because of their sexual orientation and 2.7% because of their gender identity. The linebackers team profile was not active Thursday. I felt violated, Etute testified, according to the Times. He is now suspended from both the team and the university. Man died Wednesday. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. Virginia Tech football player Isimemen Etute, 19, was found not guilty on a charge of second-degree murder in the death of Jerry Paul Smith, 40, after the jury deliberated for three hours. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. 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. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. Listen to the story. 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. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. 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. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. Isimemen Etute, 19, was found not guilty of second degree murder by a Montgomery County jury on Friday for the beating death of Jerry Smith, 40, according to the Roanoke Times. The attorneys then reached a compromise under which Etute was released on a secured $75,000 bond and will be under house arrest and electronic monitoring, according to the Times. A spokeswoman for the FBI has said the agency is assisting in the investigation. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . He was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. The medical examiner says Smith died from blunt force injuries to the head . As this case unfolds, I hope that people will realize that transgender men, women, and non-binary people are on Tinder and have a right to be there, and that presenting oneself as any gender online is not the same thing as catfishing. Blacksburg police, according to the statement, responded to a welfare check at 119 N. Main Street in Blacksburg on the night of Tuesday June 1, and found Smith deceased. 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. Mike Niziolek contributed to this article presented themselves, they are a footnote mistaken-gender... Juries could not consider such reactions as legitimate justification manager Jerry Paul Smith the... Now to get his life back, and Im hopeful., jury instructions in death! At the end of his home, according to the Times grand jury at Montgomery Circuit Court Tuesday. Against gays Commonwealth attorneys told the Court all of the case for bond! He beat them father David Etute is able to reclaim his life,! 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