I did prepare him for the worst before today. 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 . 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. US firms waiting in the wings read to pump 'billions Parents' fury as schools STILL won't tell them if they are closed tomorrow as teacher strikes continue. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. 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. 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. May 18, 1981 - June 1, 2021. 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. There was a problem saving your notification. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. It's that the judge would have to instruct the jury to not let that affect their decision," she said. The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. Etute also told police that Smith did not fight back, WSLS.comreported. The Human Rights Campaign has tracked at least 28 deaths of transgender and gender non-conforming people so far in 2021. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. 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." View the profiles of people named Jerry Paul Smith. Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? [3] That's just wrong.'. The man has been identified as Jerry Smith, 40 of Blacksburg. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Klpsake nuppu Halda stteid lisateabe saamiseks ja oma valikute haldamiseks. CHRISTIANSBURG Virginia Tech football player Ismemen David Etute will be back in Montgomery County General District Court on Wednesday morni. It certainly is one that could be investigated as a possible federal hate crime, said Brian Levin, a law professor at California State University and director of the schools Center for the Study of Hate and Extremism. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. 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. 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. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. Ismemen David Etute, 18, told cops he went to the Blacksburg apartment of 40-year-old Jerry Smith in April for oral sex after matching up with someone named Angie on Tinder, the Roanoke Times reported. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). 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.. Advertisement 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? Rand Paul was vindicated this week regarding COVID. 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. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. The defendant told the court he believed he bruised [Smith] up a little but was surprised to learn from police that the victim had died. 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. It can cover both assaults and murders, and is punishable by 10 years to life in prison. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. In the courtroom, defense attorney Jimmy Turk of Radford said that Smith had solicited Etute for sex. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. 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. Etute believed that the person he had hooked up with was a woman named Angie. This is one of the proudest moments Ive ever had as a lawyer, Turk said. The facts for the most part in this case are not contested, Jensen said, in his closing statement. 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. I felt violated, Etute said, of discovering Smiths identity. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. You can cancel at any time. 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. His teeth had also been knocked out. Jurors had to stand from the panel to watch the demonstration. 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. 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. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Jerry Paul Smith after allegedly punching. The standard has been to yield to state prosecutions, but that has really changed over the past 10 years, particularly with the Obama administration, he said. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. Isimemen David "Isi" Etute, 18, a former star at Cox High School in Virginia Beach, was preparing for his first season with the Virginia Tech football team when on June 2 he was arrested and . 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. 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. 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. He is to be under house arrest in their custody in Williamsburg. 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. 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. Signs Ban on Gender-Affirming Care for Trans Youth, LGBTQ+ People Take Up Arms as Fears of Right-wing Hate Groups Grow, Tennessee Gov. A man he met on Tinder is charged with second-degree murder. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. 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. Joe Cobb is a member of the Roanoke City Council. 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. Jerry was a restaurant manager and known as a polite young man throughout his life. 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. 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. 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. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. The best insights from the ultimate insiders. Etute is currently on suspension from Virginia Tech and its football team. It doesn't matter if you're mad. Thats always nerve-wracking. Then jurors will decide whether or not Etute is guilty of 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. Isimemen David Etute and Defense Attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg on Friday. Jerry was a restaurant manager and known as a polite young man throughout his life. ", 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.". Furious motorist is fined 650 after council worker paints disabled bay around his parked car. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. Will Democrats and Big Tech ever apologize? 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. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. A spokeswoman for the FBI has said the agency is assisting in the investigation. 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. Unlike a lot of crimes, these involve deeply felt community harm in which an entire segment of the population is victimized, Levin said. Context: Isimemen Etute is an 18 male football player about to start at Virginia Tech. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. Staff writers Neil Harvey and Mike Niziolek contributed to this article. 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. 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