The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. 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. You can cancel at any time. 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. 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. I was just shocked and in disbelief that someone had tricked me and lied to me.. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . Real hard, Etute said. 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. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. There was a problem saving your notification. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! The pair met, at which time Smith reportedly gave Etute oral sex. Who was more likely to be the aggressor? Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. If you can walk away from an encounter that you're not happy about, then you need to walk away.". An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. Link your TV provider to stream full episodes and live TV. Furious motorist is fined 650 after council worker paints disabled bay around his parked car. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. Surveillance footage from Smith's apartment captured Etute visiting him onMay 31 - the night Smith was brutally beaten to death, The murder occurred at Smith's apartment on Main Street in Blacksburg. 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. Dont target or lure anyone under that perception. Jurors were told Etute killed Jerry Paul Smith in self-defense . 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. Etute said he worried that Smith was attempting to grab a gun though he'd never seen a weapon which he said prompted him to punch Smith in an alleged act of self-defense. Etute also told police that Smith did not fight back. 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. Facebook gives people the. 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. 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. 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. 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. If you find this was in the heat of passion, you shouldnt find him guilty of second degree murder, the crime would be voluntary manslaughter, but what Im telling you is this was not self-defense, Jensen said. Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. 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. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . 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. Etute was released to his parents shortly after 9 p.m. Wednesday. We are no longer accepting comments on this article. The jury got to hear Etutes description of the events twice during the trial with the prosecution also entering into evidence a 45-minute video of Blacksburg police detectives questioning him 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! Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. She walked through her family dynamic her sons background, his relationship with his family and their living situation. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. 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. This is about preventing murder and assault," Roem added. Etute testified in court that Smith reached for what he thought was a gun under the mattress, but didnt mention that fact when originally questioned in 2021. It's that the judge would have to instruct the jury to not let that affect their decision," she said. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. 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. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. 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. 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. 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. Jurors had to stand from the panel to watch the demonstration. Virginia Tech linebacker, Ismeme Etute, 18, allegedly stomped a man to death during a Tinder date after he discovered his date had been posing as a woman named 'Angie.' . Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. 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. You have permission to edit this article. 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. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. 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. Context: Isimemen Etute is an 18 male football player about to start at Virginia Tech. Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. The facts for the most part in this case are not contested, Jensen said, in his closing statement. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Cops found the badly beaten mans body one day later, the newspaper reported. Isimemen David Etute, 18, has been charged with second-degree murder. 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. There was a problem saving your notification. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. This is one of the proudest moments Ive ever had as a lawyer, Turk said. I cant imagine being him, Turk said. 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. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" Unlike a lot of crimes, these involve deeply felt community harm in which an entire segment of the population is victimized, Levin 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. 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. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. Federal law makes it a crime to willfully cause bodily injury because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person.. CASEY: Some head-turning words by Rep. 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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 . Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? Get the latest in local public safety news with this weekly email. I was just in shock, in disbelief that someone tricked me and lied to me.. Tharp testified that most of the bones in Smiths face were broken, he had bleeding and swelling inside his brain and he had multiple teeth knocked out. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. 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. 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. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. View the profiles of people named Jerry Paul Smith. 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 . Turks hope now is that Etute is able to reclaim his life. Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. 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 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. Danica Roem, D-Prince William. [3] Oma valikuid saate igal ajal muuta privaatsusseadete kaudu. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. 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. Thats always nerve-wracking. 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. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. 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. 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. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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.. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. 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 Roanoake Times reports that Isimemen Etute who claimed he'd been duped into thinking the man he later killed was a woman was acquitted of second-degree murder after a trial that lasted three days. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. Please subscribe to keep reading. "Keep in mind, this bill is not about self-defense. Etute and his parents who left the courtroom through a back exit didnt have a statement to make at this time, according to Turk. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. 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. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. May 18, 1981 - June 1, 2021. Get the latest in local public safety news with this weekly email. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. 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. 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. Email notifications are only sent once a day, and only if there are new matching items. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. Stressful start to National Offer Day? CASEY: Some head-turning words by Rep. Morgan Griffith on the nature of 'evidence', Montgomery County catalytic converter thefts followed by chase, arrest of two men, Former NFL star Chad Johnson says he saved money by living inside Cincinnati Bengals stadium for 2 years, Radford coach Darris Nichols pleads guilty to DUI, gets $2,500 fine and restricted license, Local college basketball roundup: Virginia Tech lands recruit Swinton, Kitley makes buzzer-beater for Virginia Tech on record-breaking night, Former Virginia basketball coach Terry Holland dies after battling Alzheimer's, If county won't remove Confederate statue, Glenna Moore wants another statue to honor US Colored Troops, Roanoke judge grants bond to man charged in 4-year-old's death, John Edwards decides not to seek another term as Roanoke senator, Coverage of the case against former Virginia Tech football player Isimemen David Etute in the death of Jerry Paul Smith, Former Virginia Tech football player Isimemen Etute seeks to resume pursuit of degree, football, Former Virginia Tech LB Isi Etute lands at Iowa Western Community College after acquittal, Etute traffic charges resolved in Radford, Millions at Risk of Slipping Into Poverty as COVID-Era SNAP Benefits Set to End, More than 300 words have been added to the English dictionary, Citizens travel to Peru's capitol Lima to protest against Boluarte, Russia accuses U.S. of intent to use chemical weapons in Ukraine. 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. Jerry Smith. The jury returned a true [] When do the clocks change in 2023? 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. Turk contrasted his client with the victim in stark terms on Friday. Her body has been cremated. In a June 9 hearing, prosecutors said Etute, who was at the time a linebacker on the college's football team, told police he punched Smith several times in the face after learning they were not anatomically female. 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. 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. Get up-to-the-minute news sent straight to your device. Flew into a RAGE Smith had multiple social media accounts where he as. Up, stood next to the head, the Associated Press reported Turk. Young boy in CALIFORNIA ROAD RAGE SHOOTING his closing statement a lawyer, Turk said hearing. At Virginia Tech freshman Ismemen David Etute, 18, 1981 - June 1 during a welfare.! 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