Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Jerry Paul Smith after allegedly punching. 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. Etute traffic charges resolved in Radford The charges are a footnote to mistaken-gender killing, of which Isimemen David . Online condolences and [] 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 . I felt violated, Etute said, of discovering Smiths identity. Turks remarks prompted waves of comments online and elsewhere. The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. 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. 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. 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. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 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.. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. 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. The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. 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. 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. 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. 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. Smiths family attended the packed hearing as well as more than a dozen of Etutes teammates. BLACKSBURG, Va. (WDBJ) - A man found dead in Blacksburg this week died of blunt force injuries to the head, according to the Roanoke Medical Examiner's Office. Who would be more likely to resort to violence? Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. 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. 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 comments below have been moderated in advance. There was a problem saving your notification. 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. Im not saying what happened was acceptable, but this was more than someone just showing up to an apartment and punching someone, Turk reportedly said during the hearing. All the bones in Smith's face were broken and his teeth were missing, the report said. If you can walk away from an encounter that you're not happy about, then you need to walk away.". Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. But Etute became so agitated that he began punching Smith, according to information presented by Morgan and by defense attorney Jimmy Turk. Etute also told police that Smith did not fight back, WSLS.comreported. 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. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. 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. Thats just wrong.. "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. 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.. 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. Czernicki testified that Smith coughed up the blood all over the closet door after falling to the ground. Making the case for granting bond, Etutes attorney had the 18-year-old and his mother take the stand. Dont target or lure anyone under that perception. Dont target or lure anyone under that perception. 2023 NYP Holdings, Inc. 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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. 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 feel like Ive let a lot of people down. Please subscribe 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. (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.). Turk later addressed reporters outside of court. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! 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. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. Verla Martina Puffenbarger, 80, of Sugar Grove, West Virginia died Saturday, February 25, 2023 at Sentara RMH in Harrisonburg. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. 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. 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. 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 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. Ismemen David Etute, who appeared in Montgomery County District Court in Virginia on Wednesday for a bond hearing after being charged with second-degree murder, told police that he punched Smith five times in the face and continued punching and stomped Smith after he fell down ground in response to the revelation that Smith was not the woman he expected to meet, according to a summary of arguments made in court. 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 . Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory. 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. The jury returned a true [] By continuing to use our site, you agree to our Private Policy and Terms of Use. A man he met on Tinder is charged with second-degree murder. The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. 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. Smith was discovered dead the following day after his family requested a welfare check. The FBI listed 7,314 hate crime incidents in 2019. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. You have permission to edit this article. 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. 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. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. Last week, a spokesperson for Smiths family described him as a proud, openly gay man. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Mr Etute, who was a player at Virginia Tech, matched with Smith on the app and went to "Angie's . 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. Applebaum, 2013 WL 286230 (4th Cir. Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. Sign up forOxygen Insiderfor all the best true crime content. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. 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. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Link your TV provider to stream full episodes and live TV. Man died Wednesday. [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Woman is left 'looking like Rose West' thanks to unflattering Tory Eurosceptics could take TWO WEEKS to decide whether to back Rishi Sunak's Brexit deal for Northern Watch as shoplifter puts BACK products he's trying to steal after live CCTV hub tells him: 'You're being Is YOUR lifestyle good for your heart? 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg on Friday. Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic defense. 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. 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. This is about preventing murder and assault," Roem added. Isimemen David Etute, 18, has been charged with second-degree murder. 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. 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. It is the right decision and right now Im still just overwhelmed.. 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 is charged with second-degree murder. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. 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 . He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. HB 2132, sponsored by Del. 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A suspended Virginia Tech football player accused of killing a gay man . 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 . 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.. He is now suspended from both the team and the university. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . Isimemen David Etute celebrates in Montgomery County Circuit Court in Christiansburg on Friday. He was suspended from the squad last week. The suspended Hokie football player is accused of killing Jerry Paul Smith. 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. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. I did prepare him for the worst before today. This is trial by ambush, Jensen argued. 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. was indicted by a Montgomery County grand jury in the murder of restaurant manager Jerry Paul Smith on Tuesday, The Roanoke Times reported. Additionally, the sections of the story dealing with the Human Rights Campaign have been clarified to more correctly indicate the source of the information. The 19-year-old is accused of fatally beating Jerry Paul Smith, 40, after the two met on Tinder in May 2021. Fleenor also allowed the defenses proposed instructions on self-defense. Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. Then jurors will decide whether or not Etute is guilty of second-degree murder. Police found Smiths body in his apartment on June 1, and Etute was arrested and charged on June 2. He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. I was just in shock, in disbelief that someone tricked me and lied to me.. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. 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