(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.). At one point during Wednesdays bond hearing, Turk reportedly asked Etute clad in an orange prison jumpsuit how he had been impacted by the charges. That's just wrong.'. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! Get up-to-the-minute news sent straight to your device. Fleenor asked the prosecution to consider if it would take a brief continuance in order to allow Etutes testimony since excluding a witness testimony was an extraordinary thing to do, but the defense withdrew the request for him to testify after a brief recess. Please subscribe to keep reading. Reverberations continued to spread Thursday from the Memorial Day killing of a gay Blacksburg man whose alleged attacker, a Hokie linebacker, told police that hed lashed out after discovering the person he met for a sexual encounter was not a woman. Etute was arrested on June 2 and charged with second-degree murder. The 19-year-old is accused of fatally beating Jerry Paul Smith, 40, after the two met on Tinder in May 2021. 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. Im truly sorry for my actions.. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. The company's filing status is listed as Active and its File Number is 11125522. Im just thankful for this jury. 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. We are no longer accepting comments on this article. (Matt Gentry/The Roanoke Times via The Associated Press) Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! Urban decay: There's a reason criminals love Los Angeles's district attorney, Student borrowers advocate Biden debt relief program amid Supreme Court battle, Trump and DeSantis attend dueling Republican conferences as GOP primary field heats up, China will target the US homeland in war over Taiwan, Army leader predicts, Users recoil at new iPhone feature that slows charging when clean energy isn't used. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . Sign up forOxygen Insiderfor all the best true crime content. 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. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. Etute, a freshman on . Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . Get the latest in local public safety news with this weekly email. 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. Fleenor also allowed the defenses proposed instructions on self-defense. 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 . 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. His mother had testified that someone is always at their home and that the family includes three siblings, among them a younger sister with Down syndrome. Turk contrasted his client with the victim in stark terms on Friday. The linebackers parents and sister attended Wednesdays hearing, as well as a dozen Virginia Tech football players, most of whom were wearing team gear, according to the report. Jerry was a restaurant manager and known as a polite young man throughout his life. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. It appears that Smith lived as a man during his day to day life, including at work, as his family refer to him with male pronouns, however he had multiple social media accounts where he posed as his alter ego, a woman named Angie.Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smiths apartment. He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. I was just in shock, in disbelief that someone tricked me and lied to me.. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Email notifications are only sent once a day, and only if there are new matching items. Businessman Jerry Smith was found . Staff writers Neil Harvey and Mike Niziolek contributed to this article. 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. He was suspended from the squad last week. [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. The pair met, at which time Smith reportedly gave Etute oral sex. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. The Washington, D.C.-based Human Rights Campaign says that with the panic defense, a criminal defendant can argue in court that their discovery of the victims sexual orientation or gender identity caused the defendants violent reaction, potentially leading to a reduced charge or sentence. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. I was just shocked and in disbelief that someone had tricked me and lied to me.. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. Tags NCAA What people . 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. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. 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. HB 2132, sponsored by Del. Etute and his parents who left the courtroom through a back exit didnt have a statement to make at this time, according to Turk. Taking Vitamin D each day could cut your chances of getting dementia, study claims. In anobituary, Smiths family remembered restaurant manager whose nephews nicknamed Gigi as a polite young man throughout his life. 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. A Virginia Tech linebacker charged with the fatal beating of a Tinder game after the date turned out to be a 40-year-old man has been charged with second-degree murder. The prosecution maintained it was a straightforward case to the jury throughout the trial with crime scene photos jurors saw multiple photos of Smiths dead body lying at the foot of his bed including close ups of his bloody face as well as details from Smiths autopsy that highlighted what a one-sided assault it was. Female carer who bit off part of a pub landlady's ear during vicious bar brawl is jailed for 14 months. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. 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. 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. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. 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. Online condolences and [] 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. 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. 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. 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. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. 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. Dont target or lure anyone under that perception. Isimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. John Smith brother of Jerry Paul Smith testified from the witness stand in Montgomery County Circuit Court in Christiansburg, Va., Wednesday, May 25, 2022. 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. 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. 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. CHRISTIANSBURG Virginia Tech football player Ismemen David Etute will be back in Montgomery County General District Court on Wednesday morni. 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. Jerry Paul Smith . Advertisement You can cancel at any time. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. 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. 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 took the stand on the third day of his trial and gave a play-by-play of what he now says happened the night that Smith died, according to The Roanoke Times. And he spoke at my wedding, Lindsey Turk said. The man has been identified as Jerry Smith, 40 of Blacksburg. Real hard, Etute 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! Etute is currently on suspension from Virginia Tech and its football team. I cant imagine being him, Turk said. 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. 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. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. "Keep in mind, this bill is not about self-defense. All the bones in Smith's face were broken and his teeth were missing, the report said. Facebook gives people the. A Celebration of Life Service will be held at 2p.m. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. 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. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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 Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. 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. (Matt Gentry/The Roanoke Times via AP, Pool) Email notifications are only sent once a day, and only if there are new matching items. 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. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. Mike Gangloff covers crime, breaking news and courts in the New River Valley. 'Don't target or lure anyone under that perception. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. {{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 views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. 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. Furious motorist is fined 650 after council worker paints disabled bay around his parked car. Jurors were told Etute killed Jerry Paul Smith in self-defense . Who was more likely to be the aggressor? Absolutely horrific, Roem tweeted. The man who hid the knife or this goofy, gullible kid, Turk said. Check out never-before-seen content, free digital evidence kits, and much more! Signs Ban on Gender-Affirming Care for Trans Youth, LGBTQ+ People Take Up Arms as Fears of Right-wing Hate Groups Grow, Tennessee Gov. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. 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. It can cover both assaults and murders, and is punishable by 10 years to life in prison. Etute also told police that Smith did not fight back, WSLS.comreported. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. "It is . The FBI listed 7,314 hate crime incidents in 2019. Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. She walked through her family dynamic her sons background, his relationship with his family and their living situation. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. 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. Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. Danica Roem, D-Prince William, holds that another persons actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder.. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. Link your TV provider to stream full episodes and live TV. Etute also told police that Smith did not fight back. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. Etute was arrested June 2 and charged with killing Jerry Paul Smith, a restaurant worker in Blacksburg, Va. All the bones in Smith's face were broken, teeth were missing and he suffered cranial . There is unfortunately a long history of framing transgender people as inherently deceptive or untruthful about their identities. Smiths family attended the packed hearing as well as more than a dozen of Etute's teammates, the Richmond-Times Dispatch reported. Verla Martina Puffenbarger, 80, of Sugar Grove, West Virginia died Saturday, February 25, 2023 at Sentara RMH in Harrisonburg. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. Girl, 2, looks star-struck as she presents Kate with a gift of Daffodils for St David's A bargain fit for a king: Grade II-listed manor house complete with barn and gatehouse is listed at auction Who said black and white pics were flattering! Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. CASEY: Some head-turning words by Rep. 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