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. 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 pair met, at which time Smith reportedly gave Etute oral sex. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. Her body has been cremated. Klpsake nuppu Halda stteid lisateabe saamiseks ja oma valikute haldamiseks. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. 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. Friends and family for both Etute and victim Jerry Paul Smith filled the . The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Etute, then an 18-year-old early enrollee at Virginia Tech, fatally beat Smith on May 31 at the Blacksburg restaurant workers apartment, according to court testimony. 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. 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. Danica Roem, D-Prince William. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! 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. Jerry was a restaurant manager and known as a polite young man throughout his life. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. 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. 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. A spokeswoman for the FBI has said the agency is assisting in the investigation. Taking Vitamin D each day could cut your chances of getting dementia, study claims. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. Jan. 25, 2013), the Government states that this matter remains pre-indictment and is part of ongoing investigation of a possible civil rights violation arising . 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. 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. Then jurors will decide whether or not Etute is guilty of second-degree murder. 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. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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.. Its also a reminder to my legislative colleagues who tried to grill me about whether we really needed to ban the LGBTQ panic defense that, yes, we did.. 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. Who was more likely to be the aggressor? You have permission to edit this article. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. Will Democrats and Big Tech ever apologize? (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Jerry Smith, 40, died after posing as 'Angie Renee' to meet straight college-aged men . 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. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. He is now suspended from both the team and the university. He has been a reporter for The Roanoke Times for more than three decades. Etute has a tremendous amount riding on this trial.. 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 gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. 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. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. They connected on Tinder, a dating app, weeks earlier after Smith, who identified as an openly gay man, presenting himself online as a 21-year-old emergency room physician named Angie Renee. 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. 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. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. Etute, a freshman on Virginia Techs football team until his arrest, at which point he was suspended, faces a second-degree murder charge. 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. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. Dont target or lure anyone under that perception. "Etute told the police he punched Smith five times in the face and continued punching the victim when they hit the ground and 'stomped' on them," the Times reports. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. 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. It would have been applicable, but this (ruling) is purely procedural, Fleenor said. 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. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. He referred to Smith as a deceitful and dishonest man who defrauded young men for his own sexual gratification., Who is the real victim here? Turk said through tears. Email notifications are only sent once a day, and only if there are new matching items. Sign up forOxygen Insiderfor all the best true crime content. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. 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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. A man he met on Tinder is charged with second-degree murder. Isimemen David Etute, 18, has been charged with second-degree murder. Smith's body was discovered in his apartment the following day, Blacksburg Police said in arelease. Im truly sorry for my actions., CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. Etute appeared in court for a preliminary hearing on Thursday, Sept. 23 in connection with the death of 40-year-old Jerry Paul Smith of Blacksburg on May 31. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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. Turks family was in attendance for much of the trial, having developed deep ties to the Etute family and Turk's daughter Katie was part of the defense team. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. 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. 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 was suspended from the squad last week. (Matt Gentry/The Roanoke Times via The Associated Press) UPDATE 3:40 p.m.: Isimemen Etute the suspended Virginia Tech football player facing a murder charge after the death of a Blacksburg man in May was in a Montgomery County court on Tuesday afternoon. 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. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee 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. Who would be more likely to resort to violence? I felt violated, Etute testified, according to the Times. He has a motive for changing what he said, Jensen said. Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. 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. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. 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. Please subscribe to keep reading. Im not sure what the evidence is in this case beyond news reports, though that is what the federal investigators would be looking for, he wrote. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. Powerful Commons committee could look at case for banning stoves in towns and Bird flu HAS mutated to infect people: Fresh pandemic fears as scientists on ground zero in Cambodia find China hits back at FBI claim that Wuhan lab leak likely caused global COVID outbreak - still no consensus Morbidly obese girl who died during lockdown begged her mother to clean her 'leaking legs' in Psychiatrist: What most women don't know about their hormones - and why you start drinking and smoking more Shamima Begum and other British women who joined Islamic State and are being held in Syria will 'ultimately' Don't just stick to the Malbec! (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Smith was left bubbling and gurgling on the floor of his home, according to what Etute told police, Morgan said. Jimmy Turk, Etutes attorney, insisted that his client was lured and suggested that there were mitigating circumstances relating to Etute's culpability. The facts for the most part in this case are not contested, Jensen said, in his closing statement. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name Angie." Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. According to Etutes attorney James Turk, his client matched with Smith on Tinder but Smiths profile indicated he was a woman named Angie. Both experts testified about a frothy fluid coming out of Smiths mouth that ran down his sweatshirt in the crime scene photos. 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. 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. 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. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Jurors were told Etute killed Jerry Paul Smith in self-defense . (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.). (Matt Gentry/The Roanoke Times via AP, Pool) 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. You can cancel at any time. [3] 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. 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