(Matt Gentry/The Roanoke Times via The Associated Press) 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. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. 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. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. Get the latest in local public safety news with this weekly email. A spokeswoman for the FBI has said the agency is assisting in the investigation. [3] Dont target or lure anyone under that perception. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. 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. Facebook gives people the. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. I felt violated, Etute said, of discovering Smiths identity. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. I did prepare him for the worst before today. That's just wrong.'. One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Jerry Paul Smith after allegedly punching. Email notifications are only sent once a day, and only if there are new matching items. 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. 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. 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. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . I feel like Ive let a lot of people down. I was just in shock, in disbelief that someone tricked me and lied to me.. 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. Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. 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, who is charged with second-degree murder, was arrested on June 2. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. A Celebration of Life Service will be held at 2p.m. In April, Gov. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. 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. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. Thats just wrong., Etute said during the hearing that the situation has been real hard for him, adding, Im trying to stay strong for the people that support me. 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 . 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 . 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. Absolutely horrific, Roem tweeted. Jerry was a restaurant manager and known as a polite young man throughout his life. 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. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. 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. 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. She also told the court her son would help take care of his younger sister with special needs. 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. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. 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. Princess Diana's nieces Lady Eliza and Amelia share 'Appalled and sickened but not surprised at all': Fury of Covid families as WhatsApps 'show Matt Hancock Head over heels for Kate! Ultimately, authorities will have to decide whether a case is more suitable for federal or state prosecution although cases can be brought in both court systems without violating a defendants protection against double jeopardy, Levin said. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. 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. Dont target or lure anyone under that perception. "You cannot and you will not be able to get away with murdering an LGBTQ person in Virginia simply because you feel like it. 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. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . Etute also told police that Smith did not fight back. Klpsake nuppu Halda stteid lisateabe saamiseks ja oma valikute haldamiseks. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. Please subscribe to keep reading. 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. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. In the courtroom, defense attorney Jimmy Turk of Radford said that Smith had solicited Etute for sex. Man died Wednesday. All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. Unlike a lot of crimes, these involve deeply felt community harm in which an entire segment of the population is victimized, Levin said. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Advertisement Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. Turk later addressed reporters outside of court. EXCLUSIVE - Revealed: Carol Kirkwood's secret toyboy fianc - 13 years her junior - is a divorced police 'Digital antidepressants' to be rolled out on the NHS as health bosses give eight apps and web-based therapy Jerry Paul Smith - Regionalobituaries.com | Regionalobituaries.com, Blacksburg murder suspect released on bond; lawyer says victim lured suspect with fake Tinder profile, Court hearing reveals new details in case of suspended Virginia Tech player charged in Blacksburg mans death, Do not sell or share my personal information. The medical examiner says Smith died from blunt force injuries to the head . BLACKSBURG Jerry Paul Smith didn't like to leave his family hanging. Thats always nerve-wracking. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! Turks remarks prompted waves of comments online and elsewhere. He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. "It is . There was a problem saving your notification. 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. 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. The defense has portrayed the victim as a sexual predator who "catfished" the defendant, traumatizing Etute to the point where he had to allegedly fight for his life. Sign up forOxygen Insiderfor all the best true crime content. . Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. This was a wicked sexual ruse.. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. 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. 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. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. He is now suspended from both the team and the university. 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? 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. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. 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. Etute was released to his parents shortly after 9 p.m. Wednesday. The Roanoke Times reports a jury acquitted Isimemen Etute on a second-degree murder charge for the death of 40-year-old Jerry Paul Smith.The jury reportedly deliberated for about three hours following the trial that lasted . This is horrific. 'Nobody deserves to die, but I don't mind saying, don't pretend you are something that you are not,' Etute's attorney, James Turk, told reporters outside of court on Wednesday. Staff writers Neil Harvey and Mike Niziolek contributed to this article. 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. 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. 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 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. Joe Cobb is a member of the Roanoke City Council. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . Get the latest in local public safety news with this weekly email. It can cover both assaults and murders, and is punishable by 10 years to life in prison. I was just shocked and in disbelief that someone had tricked me and lied to me.. Attorneys said Isimemen Etute matched with Smith on Tinder, which led to a sexual encounter in April 2021. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). I felt violated, Etute testified, according to the Times. Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing Smith. 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. This is one of the proudest moments Ive ever had as a lawyer, Turk said. Im not sure what the evidence is in this case beyond news reports, though that is what the federal investigators would be looking for, he wrote. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. Link your TV provider to stream full episodes and live TV. 'Don't target or lure anyone under that perception. 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.. Isimemen David Etute celebrates in Montgomery County Circuit Court in Christiansburg on Friday. They connected on Tinder, a dating app, weeks earlier after Smith, who identified as an openly gay man, presenting himself online as a 21-year-old emergency room physician named Angie Renee. 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. 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. was indicted by a Montgomery County grand jury in the murder of restaurant manager Jerry Paul Smith on Tuesday, The Roanoke Times reported. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. 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. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. 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. John Smith brother of Jerry Paul Smith testified from the witness stand in Montgomery County Circuit Court in Christiansburg, Va., Wednesday, May 25, 2022. 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. You have permission to edit this article. 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 . 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. 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. 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. The best insights from the ultimate insiders. Honestly, I was destroyed, Etute stated. On Friday, Radford lawyer Jimmy Turk said he is now representing Ismemen David Etute, 18, a Virginia Tech freshman charged with killing Smith. Sign up for our newsletter to keep reading. Former Virginia Tech football player Isi Etute was found not guilty of second-degree murder Friday in the 2021 death of Blacksburg native Jerry Paul Smith at the Montgomery County Court in . Jurors had to stand from the panel to watch the demonstration. A former Virginia Tech football player accused of killing a man who gave him oral sex has been set free by a Virginia jury. ROANOKE REGIONAL RESTAURANT GROUP LLC is a Virginia Domestic Limited-Liability Company filed on May 5, 2021. The gay/trans panic offense was recently struck out of Virginia law so regardless of any other details surrounding what happened, if he was beaten to death this should still be tried as murder. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. 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.. 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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. Etute is currently on suspension from Virginia Tech and its football team. Get up-to-the-minute news sent straight to your device. And he spoke at my wedding, Lindsey Turk said. Posted on June 10, 2021 by konniemoments in Assault, Crime, Homicide, News // 1 Comment. 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.. Etute had entered Virginia Tech at midterm and participated in training with the football team. Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. But Etute became so agitated that he began punching Smith, according to information presented by Morgan and by defense attorney Jimmy Turk. Jerry was a restaurant manager and known as a polite young man throughout his life. 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. 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. 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. Thats just wrong.. (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.). 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. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. 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.. 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 . Who was more likely to be the aggressor? Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! 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. (Matt Gentry/The Roanoke Times via AP, Pool) 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. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. He was suspended from the squad last week. Etute, a freshman on . Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. 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. 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. The comments below have been moderated in advance. 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