"You cannot and you will not be able to get away with murdering an LGBTQ person in Virginia simply because you feel like it. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . Isimemen David Etute, 18, has been charged with second-degree murder. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Jerry was a restaurant manager and known as a polite young man throughout his life. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Honestly, I was destroyed, Etute stated. 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. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. Skeptical of AP African American Studies, Dems Introduce Resolution to Celebrate Black LGBTQ+ Americans, Latinx Trans Woman Killed in Houston in Apparent Murder-Suicide, Longtime Lesbian Activist Achebe Betty Powell Dies at 82. 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. Jerry was a restaurant manager and known as a polite young man . Although Assistant Commonwealths Attorney Jason Morgan initially urged Duncan not to grant bail, the prosecution and defense later came to an agreement to release Etute on a $75,000 bond under both house arrest and electronic monitoring. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. The 18-year-old linebacker heard bubbling and gurgling coming from Smith as he left the apartment, but didnt call the police, the Commonwealth Attorney added. 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. Get the latest in local public safety news with this weekly email. 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. The gay/trans panic offense was recently struck out of Virginia law so regardless of any other details surrounding what happened, if he was beaten to death this should still be tried as murder. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. I felt violated, Etute said, of discovering Smiths identity. Visit the Wedding Registry, Virginia Tech freshman linebacker, 18, charged with second-degree murder in beating death of Tinder date, after they had oral sex and the teen later discovered his partner was a man, 40, posing as a woman named Angie Ko. Ismemen David Etute, 18, (pictured) was charged in the death of Jerry Smith after allegedly punching and stomping after he discovering he was actually a man, Etute was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. 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. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. 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. Isimemen David Etute is accused of killing Jerry Paul Smith. Etute had entered Virginia Tech at midterm and participated in training with the football team. 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. Court records indicate authorities have reason to believe Smith had been killed Monday night.Etute reportedly, told police he had punched Smith five times in the face and stomped on him after discovering the person he thought was a woman was a man.All the bones in Smiths face were broken, teeth were missing and he suffered cranial fractures, an autopsy report revealed.Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Etutes attorney, James Turk, told reporters outside of court on Wednesday. A freshman Virginia Tech linebacker charged with murder told police he fatally beat a man breaking every bone in his face for catfishing him on Tinder, prosecutors said. 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. 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. Stressful start to National Offer Day? Turks eldest daughter Lindsey, who had never seen her father argue a case, said the closing argument was the best speech she had ever heard. 'Nobody deserves to die, but I don't mind saying, don't pretend you are something that you are not,' Etute's attorney, James Turk, told reporters outside of court on Wednesday. This is horrific. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. A VirginiaTech linebacker allegedly stomped his Tinder date to death after he discovered the woman named 'Angie' he's had oral sex with was actually a man. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. His title was incorrect in an earlier version of this story. Smith was discovered dead the following day after his family requested a welfare check. We are no longer accepting comments on this article. 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. 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. 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. Please subscribe to keep reading. The best insights from the ultimate insiders. 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. His teeth had also been knocked out. On Friday, Roem said it's her understanding that because the trial will begin after the new law goes into effect next month, it will apply when Etuti's case reaches the courts. Cops found the badly beaten mans body one day later, the newspaper reported. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name Angie." The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. A former Virginia Tech football player accused of killing a man who gave him oral sex has been set free by a Virginia jury. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second. Etute, who is charged with second-degree murder, was arrested on June 2. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. Surveillance footage from Smith's apartment captured Etute visiting him onMay 31 - the night Smith was brutally beaten to death, The murder occurred at Smith's apartment on Main Street in Blacksburg. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. Laurence Hammack covers environmental issues, including the Mountain Valley Pipeline, and business and enterprise stories. Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. Additionally, the sections of the story dealing with the Human Rights Campaign have been clarified to more correctly indicate the source of the information. 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. Etute was released to his parents shortly after 9 p.m. Wednesday. Email notifications are only sent once a day, and only if there are new matching items. Taking Vitamin D each day could cut your chances of getting dementia, study claims. HB 2132, sponsored by Del. Virginia Tech football player Ismemen David Etute of Virginia Beach was arrested June 2 and charged with second-degree murder in the death of Jerry Paul Smith, a male Blacksburg restaurant worker . 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. 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? Roem, the first openly transgender person elected to the Virginia General Assembly, reacted on Twitter on Wednesday in a discussion of the prospect that the issue of deception might rise as a defense in Etutes case. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. 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. On Friday, Radford lawyer Jimmy Turk said he is now representing Ismemen David Etute, 18, a Virginia Tech freshman charged with killing Smith. The facts for the most part in this case are not contested, Jensen said, in his closing statement. Prosecutor Jason Morgan, in arguing against Etute's release on bond, testified that the defendant had met Smith for oral sex April 10, after the two had connected on Tinder. Etute has a tremendous amount riding on this trial.. He is now suspended from both the team and the university. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. 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. Facebook gives people the. Her body has been cremated. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. The campaign said that since it started tracking such violence in 2013, it has never witnessed so many deaths by this point in the year. Turk contrasted his client with the victim in stark terms on Friday. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Smith was found dead in his apartment two days after the encounter and died from blunt force trauma to the head according to the county medical examiner. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. The FBI listed 7,314 hate crime incidents in 2019. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. The victim, he testified, partially undressed and assumed a position on all fours on the bed, exposing the buttocks. Thats just wrong.. It is the right decision and right now Im still just overwhelmed.. 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. I felt violated, Etute testified, according to the Times. The man who hid the knife or this goofy, gullible kid, Turk said. Etute is charged with second-degree murder. 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. Join Facebook to connect with Jerry Paul Smith and others you may know. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. Theyd look to his statements about this incident, other comments he may have made about sexual orientation or other manifestations of bias that would prove that his violence against this victim was motivated by such bias rather than some other issue, Heaphy wrote in an email. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. Etute is currently on suspension from Virginia Tech and its football team. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. Etute and his parents who left the courtroom through a back exit didnt have a statement to make at this time, according to Turk. BLACKSBURG, Va. (WDBJ) - Surveillance video shows three people leaving quickly from Jerry Smith's Blacksburg apartment May 31.. We've blurred their faces until police confirm their identities . The medical examiner said he died of blunt force trauma, and the autopsy report revealed that every bone in his face was broken, he had missing teeth and he'd sustained multiple facial fractures, according to the paper. Etute also told police that Smith did not fight back. 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. UPDATE 11:47 a.m.: The second-degree-murder charge against suspended Virginia Tech football player Isimemen Etute was certified by a Montgomery County judge to a grand jury Thursday morning. Etute said he worried that Smith was attempting to grab a gun though he'd never seen a weapon which he said prompted him to punch Smith in an alleged act of self-defense. Thats just wrong., Etute said during the hearing that the situation has been real hard for him, adding, Im trying to stay strong for the people that support me. Calling Smiths death horrific, Cobb said that though many details remain unknown, the part that stood out to him was that it involved two consenting adults who had already had one sexual encounter. Hes going to get his life back, and Im hopeful., Jury instructions in the spotlight on day three. A suspended Virginia Tech football player accused of killing a gay man . 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, WDBJ7.com reported. Will Democrats and Big Tech ever apologize? Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 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. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. 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. 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. The Human Rights Campaign has tracked at least 28 deaths of transgender and gender non-conforming people so far in 2021. Turk later addressed reporters outside of court. The suspended Hokie football player is accused of killing Jerry Paul Smith. Isimemen David Etute and Defense Attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg on Friday. 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. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. Moore ultimately received a 25-year prison sentence. 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 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. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg on Friday. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. That's just wrong.'. 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. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. Danica Roem, D-Prince William. He knew that worst case scenario he could have been looking at five to 40 years in the penitentiary on a second-degree murder conviction. In an email earlier this year to the Senate Judiciary Committee in support of HB 2132, Carsten Andresen, a Texas criminal justice professor, said there have been at least eight cases in Virginia in which defense attorneys used gay and trans panic arguments. His family asked that donations be sent in Jerry's honor to St. Jude's Children's Hospital in lieu of flowers. Etute reportedly told police Smith did not assault him and that he heard bubbling and gurgling as he left Smiths home but didn't call the police. 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. 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. I feel like Ive let a lot of people down. Get up-to-the-minute news sent straight to your device. 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. Everything he (Smith) did was evil, Turk said, in his closing statement. 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. CHRISTIANSBURG, Va. A jury found former Virginia Tech football player Isimemen "Isi" Etute not guilty of second-degree murder Friday in the death of Blacksburg resident Jerry Paul Smith . Jerry was a restaurant manager and Thetwo first met April 10 for oral sex, during which Etute was still under the impression Smith was a woman,Montgomery County Commonwealths Attorney Mary Pettitt told theMontgomery County General District Court during a bond hearing on Wednesday morning. He has been a reporter for The Roanoke Times for more than three decades. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. Smith was left bubbling and gurgling on the floor of his home, according to what Etute told police, Morgan said. "Etute heard 'bubbling and gurgling' as he left the apartment but didn't call the police. VIVID AFFAIRS LLC is a Virginia Domestic Limited-Liability Company filed on October 22, 2020. Etute, a freshman on . All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. 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. 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. 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 . This is about preventing murder and assault," Roem added. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . The defense has portrayed the victim as a sexual predator who "catfished" the defendant, traumatizing Etute to the point where he had to allegedly fight for his life. Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic defense. 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. Making the case for granting bond, Etutes attorney had the 18-year-old and his mother take the stand. The suspended Hokie football player is accused of killing Jerry Paul Smith. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. The jury got to hear Etutes description of the events twice during the trial with the prosecution also entering into evidence a 45-minute video of Blacksburg police detectives questioning him June 2. 2023 NYP Holdings, Inc. 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Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. The law states that juries could not consider such reactions as legitimate justification. 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. 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. MONTGOMERY COUNTY, Va. (TCD) -- A former football player at Virginia Tech University was found not guilty of beating a man to death who posed as a woman on a dating app. Dont target or lure anyone under that perception. Etute told investigators he punched Smith five times in the face and stomped on him, but didnt call police despite hearing bubbling and gurgling from the victim as he left the apartment. In 2019, Etute helped his Virginia Beach high school Frank W. Cox to a 6-5 record and a junior in a Virginia Class 5A first-round playoff appearance, according to 247sports. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. {{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 jury returned a true [] The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. 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