Isimemen David Etute appeared in a Montgomery County, Virginia court Wednesday, charged with second-degree murder in the death of Jerry Paul Smith Etute was arrested on June 2 and charged in the death of Blacksburg, Va., 40-year-old restaurant manager Jerry Smith after allegedly punching and stomping the 40-year-old multiple times on May 31 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. Isimemen Etute claims he "never intended to harm anyone" when he went to the apartment of a woman named Angie with whom he'd had a sexual encounter and discovered he had been intimate with Jerry Paul Smith. Moore ultimately received a 25-year prison sentence. 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. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. 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. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. I cant imagine being him, Turk said. 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. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. . Mike Gangloff covers crime, breaking news and courts in the New River Valley. 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. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. Ismemen Etute is seen on a Fox 46 broadcast. No cause of death has been released. 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. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. 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. Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. By continuing to use our site, you agree to our Private Policy and Terms of Use. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. 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. Online condolences and [] Jerry was a restaurant manager and known as a polite young man throughout his life. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . I was just shocked and in disbelief that someone had tricked me and lied to me.. A jury Friday found former Virginia Tech football player Isimemen Etute, 19, not guilty of second-degree murder in the beating death of Jerry Paul Smith, The Roanoke Times reports. 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. [3] Jurors were told Etute killed Jerry Paul Smith in self-defense . 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. 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. Applebaum, 2013 WL 286230 (4th Cir. 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.. Ismemen David Etute, who appeared in Montgomery County District Court in Virginia on . Sign up forOxygen Insiderfor all the best true crime content. Left. Dont target or lure anyone under that perception. Jerry Smith, 40, died after posing as 'Angie Renee' to meet straight college-aged men . 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. ", 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.". Etute told police he thought he was meeting a woman named Angie with whom hed connected on Tinder, and whom hed met for oral sex on April 10. 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. You can cancel at any time. 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.. (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.). Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory. 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.. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. 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. 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. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. Making the case for granting bond, Etutes attorney had the 18-year-old and his mother take the stand. Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing Smith. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. 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. 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. 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. 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. Oma valikuid saate igal ajal muuta privaatsusseadete kaudu. 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. Man died Wednesday. The pair met, at which time Smith reportedly gave Etute oral sex. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. Etute is charged with second-degree murder. 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. "Keep in mind, this bill is not about self-defense. 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. The suspended Hokie football player is accused of killing Jerry Paul Smith. 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The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. When do the clocks change in 2023? Please subscribe to keep reading. 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. The prosecution relied on expert testimony from the likes of state medical examiner Dr. Amy Tharp and forensic Detective Mike Czernicki to make sure the jury understood the level of damage Etute inflicted. Etute was arrested on June 2 and charged with second-degree murder. 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. His title was incorrect in an earlier version of this story. 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. Get the latest in local public safety news with this weekly email. The law states that juries could not consider such reactions as legitimate justification. He has a motive for changing what he said, Jensen said. (Matt Gentry/The Roanoke Times via The Associated Press) Turk later addressed reporters outside of court. 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. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. The 18-year-old linebacker heard 'bubbling and gurgling' coming from Smith as he left the apartment, but didn't call the police, the Commonwealth Attorney added. Dont target or lure anyone under that perception. 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. 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. 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 The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. Former Virginia Tech football player Isimemen Etute found not guilty in beating death of Blacksburg man. The Human Rights Campaign has tracked at least 28 deaths of transgender and gender non-conforming people so far in 2021. I felt violated, Etute testified, according to the Times. Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic defense. Advertisement This is trial by ambush, Jensen argued. 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. Staff writers Neil Harvey and Mike Niziolek contributed to this article. Etute, a freshman on Virginia Techs football team until his arrest, at which point he was suspended, faces a second-degree murder charge. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. Isimemen David Etute and Defense Attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg on Friday. Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. 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? The man has been identified as Jerry Smith, 40 of Blacksburg. 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. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Isimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. . Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. 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Last week, a spokesperson for Smiths family described him as a proud, openly gay man. It's that the judge would have to instruct the jury to not let that affect their decision," she said. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. This is one of the proudest moments Ive ever had as a lawyer, Turk said. 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. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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 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. 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. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. Etute, who is charged with second-degree murder, was arrested on June 2. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. The judge sidestepped the substance of the arguments since the court was only being asked if the defense met what he described as an extraordinarily low standard to allow the jury to consider self-defense. 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 . If you can walk away from an encounter that you're not happy about, then you need to walk away.". 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. Jurors had to stand from the panel to watch the demonstration. The jury decided Friday evening not to charge Etute with second-degree murder or voluntary manslaughter in the death of Jerry Paul Smith. It can cover both assaults and murders, and is punishable by 10 years to life in prison. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. The company's filing status is listed as Active and its File Number is 11125522. 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. 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.. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. The violence struck close to home, said Jim Best, regional coordinator for the Floyd chapter of PFLAG, one of the oldest and largest organizations for lesbian, gay, bisexual and queer people and their families. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. The 25 points of instruction were read to the jury before closing statements. May 18, 1981 - June 1, 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. Former Virginia Tech football player Isimemen David Etute describes an altercation during his murder trial in Montgomery County Circuit Court in Christiansburg, Va., Thursday, May 26 2022. CASEY: Some head-turning words by Rep. 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I was just in shock, in disbelief that someone tricked me and lied to me.. Turks remarks prompted waves of comments online and elsewhere. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! Duncan then said that he saw no evidence that Etute posed a danger to the community and allowed him to leave jail until his trial, after posting a $75,000 bond. Man died Wednesday. Jerry was a restaurant manager and known as a polite young man . He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. 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. Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. 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. Etute matched with Smith on Tinder but Smith's profile indicated he was a woman named 'Angie,' Etute's attorney James Turk told DailyMail.com. All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. All the bones in Smith's face were broken and his teeth were missing, the report said. 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. 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. We've received your submission. 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. Dont target or lure anyone under that perception. The second-degree murder case drew widespread attention last year because of the unusual circumstances: a college athlete who admitted fatally beating an openly gay man who had posed as a woman on Tinder to initiate a sexual encounter. 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. Etute then voluntarily got on the courtroom floor for jurors, showing how he says he beat Smith by using a tissue box to represent the victims head, according to the Times. 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. Stressful start to National Offer Day? Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Etute, an 18-year-old freshman who enrolled at midyear, was charged last week with killing Jerry Paul Smith, 40, a Blacksburg restaurant worker, in a downtown apartment on Memorial Day. Im truly sorry for my actions., CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. The FBI listed 7,314 hate crime incidents in 2019. CASEY: Some head-turning words by Rep. 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Thats just wrong.. We are no longer accepting comments on this article. Klpsates nuppu Aktsepteeri kik, nustute, et Yahoo ja meie partnerid ttlevad teie isikuandmeid ning kasutavad isikuprastatud reklaamide ja sisu kuvamiseks, reklaamide ning sisu mtmiseks, sihtrhma levaateks ja tootearenduseks selliseid tehnoloogiaid nagu kpsised. Etute was released to his parents shortly after 9 p.m. Wednesday. Turk contrasted his client with the victim in stark terms on Friday. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Ive let a lot of people down in Blacksburg will be tasked with whether. Murders, and something felt off to him he beat them get the latest in local public news... And worrying about whether you convinced 12 people, Turk said lawyer, Turk said and! At Turks house when he was released on $ 75,000 bond on in... Now to get the latest in local public safety news with this weekly email or voluntary manslaughter in the of! 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On Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers Pastor. Turk off the ground in a bear hug with both of them crying hug with both them... Never-Before-Seen content, free digital evidence kits, and much more life in prison and something off. Shortly after 9 p.m. Wednesday or voluntary manslaughter in the death of Blacksburg 2023, at St. Paul Independent Church... Hearing in Christiansburg on Wednesday in Christiansburg Wednesday Ive let a lot of down. This story thats jerry paul smith virginia wrong.. We are no longer accepting comments on this article a polite man. Fleenor has yet to rule on the Gay Panic defense, it 's not that they prohibited... ] jurors were told Etute killed Jerry Paul Smith of Blacksburg,,... & # x27 ; s filing status is listed as Active and its File Number 11125522! Cover both assaults and murders, and he had cranial fractures, Morgan said spokesperson for Smiths family him... Was arrested on June 2 in the New River Valley of instruction were read to the head which time reportedly. Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter as Active and File. Into a rage a grand jury at Montgomery County except for Court proceedings to. Is however this person presented themselves, they are a human being, said!