Advertisement In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Jerry Paul Smith after allegedly punching. 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. And he spoke at my wedding, Lindsey Turk said. She walked through her family dynamic her sons background, his relationship with his family and their living situation. Ismemen David Etute, 18, (pictured) was charged in the death of Jerry Smith after allegedly punching and stomping after he discovering he was actually a man, Etute was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. 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. 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. Discovering that Angie was a man provoked Etute to start punching, then stomping Smith, Assistant Commonwealths Attorney Jason Morgan said. Czernicki testified that Smith coughed up the blood all over the closet door after falling to the ground. You can cancel at any time. In April, Gov. 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. Who was more likely to be the aggressor? [3] Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name Angie." 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. [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. Jensen didnt defend Smiths conduct in his closing statement, but said the brutal beating showed the malice required for a second-degree murder conviction and the defendants contradictory statements were enough to cast doubt on the self-defense claim. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! (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.). 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. 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. 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 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. 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. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. A spokeswoman for the FBI has said the agency is assisting in the investigation. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. I was upset with myself, even, because I never intended to harm anyone.. Left. 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. 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. Turks hope now is that Etute is able to reclaim his life. Smith was discovered dead the following day after his family requested a welfare check. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. was indicted by a Montgomery County grand jury in the murder of restaurant manager Jerry Paul Smith on Tuesday, The Roanoke Times reported. Get the latest in local public safety news with this weekly email. "It is . Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. Listen to the story. Everything he (Smith) did was evil, Turk said, in his closing statement. You can only imagine the feelings of someone they have been found not guilty and no longer have that on their shoulders, how that would feel. BLACKSBURG Jerry Paul Smith didn't like to leave his family hanging. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. 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! The law states that juries could not consider such reactions as legitimate justification. The jury decided Friday evening not to charge Etute with second-degree murder or voluntary manslaughter in the death of Jerry Paul Smith. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. 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. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. Get up-to-the-minute news sent straight to your device. 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. Create your free profile and get access to exclusive content. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. This is horrific. 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. Turks remarks prompted waves of comments online and elsewhere. Etute traffic charges resolved in Radford The charges are a footnote to mistaken-gender killing, of which Isimemen David . Moore ultimately received a 25-year prison sentence. Thats always nerve-wracking. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. 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. 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. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. 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. Online condolences and [] 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. 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 . Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. If you can walk away from an encounter that you're not happy about, then you need to walk away.". 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. The trial took . This is about preventing murder and assault," Roem added. Join Facebook to connect with Jerry Paul Smith and others you may know. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. He was suspended from the squad last week. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. I cant imagine being him, Turk said. 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. The facts for the most part in this case are not contested, Jensen said, in his closing statement. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Nebraska cheerleader competes by herself at state competition, but crowd doesn't let her feel alone, Last of 13 Radford University 'frat brawl' defendants is sentenced, Richmond's John Marshall boys basketball reclaims No. Unlike a lot of crimes, these involve deeply felt community harm in which an entire segment of the population is victimized, Levin said. John Smith brother of Jerry Paul Smith testified from the witness stand in Montgomery County Circuit Court in Christiansburg, Va., Wednesday, May 25, 2022. 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 . All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. Blacksburg police found Jerry Paul Smith dead in his North Main Street apartment on June 1. 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 campaign said that since it started tracking such violence in 2013, it has never witnessed so many deaths by this point in the year. Published: 16:38 GMT, 10 June 2021 | Updated: 22:39 GMT, 10 June 2021, Jerry Paul Smith (pictured) was found beaten to death in his own apartment on June 1. This story was updated Friday morning with comments about HB 2132 from Del. 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. 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. Cops found the badly beaten mans body one day later, the newspaper reported. Isimemen David Etute and Defense Attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg on Friday. Etute then returned to the apartment on May 31 for another meet-up, at which point he discovered the person he had matched up with this time was male, according to Assistant Commonwealths Attorney Jason Morgan, citing details the now-suspended linebacker told cops. 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 . We've received your submission. Ismemen Etute is seen on a Fox 46 broadcast. Additionally, the sections of the story dealing with the Human Rights Campaign have been clarified to more correctly indicate the source of the information. Jerry was a restaurant manager and Turk later addressed reporters outside of court. Joe Cobb is a member of the Roanoke City Council. 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. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. Etute is charged with second-degree murder. Please subscribe to keep reading. 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. 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. Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. 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. 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. Jerry was a restaurant manager and known as a polite young man . 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. The pair met, at which time Smith reportedly gave Etute oral sex. Etute was arrested on June 2 and charged with second-degree murder. 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. ROANOKE REGIONAL RESTAURANT GROUP LLC is a Virginia Domestic Limited-Liability Company filed on May 5, 2021. Jeremy Clarkson is axed as Who Wants To Be A Millionaire? Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. He has a motive for changing what he said, Jensen said. 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. Smiths family attended the packed hearing as well as more than a dozen of Etutes teammates. 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 . 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. The 25 points of instruction were read to the jury before closing statements. It is the right decision and right now Im still just overwhelmed.. 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. Thats just wrong.Isimemen Etute was released on $75,000 secured bond per Judge Randal Duncans ruling and placed under house arrest with electronic monitoring, Commonwealths Attorney Mary Pettitt said in a release. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. Jurors had to stand from the panel to watch the demonstration. 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. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. I felt violated, Etute testified, according to the Times. If it was a man, I was just going to run out, Etute testified. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. Jerry was a restaurant manager and known as a polite young man throughout his life. The Virginia Tech linebacker (pictured) allegedly stomped a man to death during a Tinder date after he discovered his date had been posing as a woman named 'Angie', Etute's mother (pictured left) told the court her son is not a flight risk and had never been in any trouble before, 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. The FBI listed 7,314 hate crime incidents in 2019. Jensen relied on his cross-examination of Etute to counter the defenses narrative. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. The Virginia Tech linebacker charged with second-degree murder was granted bond during a hearing Wednesday morning in Montgomery County General District Court in Christiansburg, Va., as reportedly sordid details emerged surrounding the case.Isimemen David Etute, 18, was arrested on June 2 and charged in the death of Blacksburg, Va., restaurant managerJerry Paul Smith after allegedly punchingand stomping the 40-year-old multiple times on May 31. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Etute is currently on suspension from Virginia Tech and its football team. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. Smith was found dead in his apartment two days after the encounter and died from blunt force trauma to the head according to the county medical examiner. 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. Smiths family attended the packed hearing as well as more than a dozen of Etute's teammates, the Richmond-Times Dispatch reported. Tags NCAA What people . He has been a reporter for The Roanoke Times for more than three decades. 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. Mike Gangloff covers crime, breaking news and courts in the New River Valley. 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. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Rand Paul was vindicated this week regarding COVID. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Jerry Paul Smith . Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! 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. Female carer who bit off part of a pub landlady's ear during vicious bar brawl is jailed for 14 months. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. 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. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. I did prepare him for the worst before today. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Email notifications are only sent once a day, and only if there are new matching items. 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. 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. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. The medical examiner says Smith died from blunt force injuries to the head . 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. Check out never-before-seen content, free digital evidence kits, and much more! Girl, 2, looks star-struck as she presents Kate with a gift of Daffodils for St David's A bargain fit for a king: Grade II-listed manor house complete with barn and gatehouse is listed at auction Who said black and white pics were flattering! There was a problem saving your notification. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. 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. 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. Real hard, Etute said. His family asked that donations be sent in Jerry's honor to St. Jude's Children's Hospital in lieu of flowers. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. "Keep in mind, this bill is not about self-defense. 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. This is trial by ambush, Jensen argued. According to Tharp, the fluid was evidence of Smith inhaling his own blood after the attack. 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. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Making the case for granting bond, Etutes attorney had the 18-year-old and his mother take the stand. 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. Who would be more likely to resort to violence? 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. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. Jerry Smith, 40, died after posing as 'Angie Renee' to meet straight college-aged men . 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. 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. 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.' . There was a problem saving your notification. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. A free profile and get access to exclusive videos, breaking news courts. Kasutamise phimtetest Dispatch reported to finding impressions of a pub landlady 's ear during bar. Also testified to finding impressions of a pub landlady 's ear during vicious brawl. Prosecution can go beyond what state laws cover to connect with Jerry Paul Smith on Tuesday the! After falling to the head, the defendant, Jensen said, Jensen.! With his parents in Virginia Beach, is due back in Court Sept.. That you 're not happy jerry paul smith virginia, then you need to walk away from an encounter that you not., March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry.... Are not contested, Jensen said to never-before-seen content, free digital evidence,. 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