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. 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. Jeremy Clarkson is axed as Who Wants To Be A Millionaire? Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Female carer who bit off part of a pub landlady's ear during vicious bar brawl is jailed for 14 months. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. 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. 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. 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! 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. I was just in shock, in disbelief that someone tricked me and lied to me.. 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. Man died Wednesday. She walked through her family dynamic her sons background, his relationship with his family and their living situation. View the profiles of people named Jerry Paul Smith. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. According to Etutes attorney James Turk, his client matched with Smith on Tinder but Smiths profile indicated he was a woman named Angie. Isimemen David Etute appeared in a Montgomery County, Virginia court Wednesday, charged with second-degree murder in the death of Jerry Paul Smith Etute was arrested on June 2 and charged in the death of Blacksburg, Va., 40-year-old restaurant manager Jerry Smith after allegedly punching and stomping the 40-year-old multiple times on May 31 The law states that juries could not consider such reactions as legitimate justification. 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. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. 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. We've received your submission. 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 as a gay man, according to ABC affiliate WSET, and . 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. 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. Email notifications are only sent once a day, and only if there are new matching items. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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.. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. 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. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . ", 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.". 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. CHRISTIANSBURG, Va. A jury found former Virginia Tech football player Isimemen "Isi" Etute not guilty of second-degree murder Friday in the death of Blacksburg resident Jerry Paul Smith . Turks remarks prompted waves of comments online and elsewhere. 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. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Rand Paul was vindicated this week regarding COVID. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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. The suspended Hokie football player is accused of killing Jerry Paul Smith. Summaries of the evidence said the defendant returned to Smiths apartment on May 31 for more sex, where he discovered the person he had been matched with was a man. Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. A spokeswoman for the FBI has said the agency is assisting in the investigation. Thats just wrong.. 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. 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. The man who hid the knife or this goofy, gullible kid, Turk said. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. MONTGOMERY COUNTY, Va. (TCD) -- A former football player at Virginia Tech University was found not guilty of beating a man to death who posed as a woman on a dating app. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. 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 . Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . Sign up forOxygen Insiderfor all the best true crime content. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. 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 . The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. Dont target or lure anyone under that perception. 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. 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.' . Etute believed that the person he had hooked up with was a woman named Angie. Attorneys said Isimemen Etute matched with Smith on Tinder, which led to a sexual encounter in April 2021. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. 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. Laurence Hammack covers environmental issues, including the Mountain Valley Pipeline, and business and enterprise stories. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. 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. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. Etutes mother spoke to her son's character, telling the court he is not a flight risk and had never been in any trouble,WDBJ7.com reported. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! But the reality is that trans people often conceal parts of themselves expressly to avoid the violence, harassment, and discrimination that is so often directed against us, Rosenthal continued. CASEY: Some head-turning words by Rep. 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Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. Friends and family for both Etute and victim Jerry Paul Smith filled the . "It is . Turks hope now is that Etute is able to reclaim his life. 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. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). 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. Jensen pointed out the differences in his statements and possible moments where he could have simply left Smiths apartment May 31. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. Jerry was a restaurant manager and known as a polite young man throughout his life. Blacksburg police found Jerry Paul Smith dead in his North Main Street apartment on June 1. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. transgender and non-conforming people killed in 2021. 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. Etute has a tremendous amount riding on this trial.. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. (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.). 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. 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. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. You can cancel at any time. The jury returned a true [] Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. EXCLUSIVE: Lanzarote sticks to its guns and insists it WILL limit tourists and move away from relying on Nearly half of British viewers believe ethnic minorities and LGBT communities are over-represented on TV, Is YOUR wood burner at risk? 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. 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. 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. 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. Absolutely horrific, Roem tweeted. He was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. He then allegedly admitted to detectives that he punched Smith five times, possibly kicked his victim in the face and ran out to sounds of "bubbling and gurgling," according to the Richmond Times-Dispatch. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. (Matt Gentry/The Roanoke Times via The Associated Press) Etute was ordered released on $75,000 secured bond under conditions of house arrest and electronic monitoring, the Roanoke Times reported, citing Commonwealths Attorney Mary Pettitt. Police found Smiths body in his apartment on June 1, and Etute was arrested and charged on June 2. 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. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. 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. This is one of the proudest moments Ive ever had as a lawyer, Turk said. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. 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. The Washington, D.C.-based Human Rights Campaign says that with the panic defense, a criminal defendant can argue in court that their discovery of the victims sexual orientation or gender identity caused the defendants violent reaction, potentially leading to a reduced charge or sentence. Will Democrats and Big Tech ever apologize? Man died Wednesday. 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? Jerry was a restaurant manager and known as a polite young man throughout his life. Klpsates nuppu Aktsepteeri kik, nustute, et Yahoo ja meie partnerid ttlevad teie isikuandmeid ning kasutavad isikuprastatud reklaamide ja sisu kuvamiseks, reklaamide ning sisu mtmiseks, sihtrhma levaateks ja tootearenduseks selliseid tehnoloogiaid nagu kpsised. It is the right decision and right now Im still just overwhelmed.. 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. He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. . He is now suspended from both the team and the university. By continuing to use our site, you agree to our Private Policy and Terms of Use. 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. Isimemen Etute, 18, of Virginia Beach, was charged with second-degree murder in connection with the death of Jerry Smith in Blacksburg, where Virginia Tech is located, police said earlier this month. I feel like Ive let a lot of people down. The comments below have been moderated in advance. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. 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. Mr Etute, who was a player at Virginia Tech, matched with Smith on the app and went to "Angie's . His title was incorrect in an earlier version of this story. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. 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. Teave teie seadme ja internetihenduse (nagu teie IP-aadressi) kohta, Sirvimis- ja otsingutegevused Yahoo veebilehtedel ja rakendustes. 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. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic defense. 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, WDBJ7.com reported. Real hard, Etute said. 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. 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 . Etute was arrested on June 2 and charged with second-degree murder. Her body has been cremated. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. This was a wicked sexual ruse.. 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. 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