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. 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. 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 . You have permission to edit this article. It would have been applicable, but this (ruling) is purely procedural, Fleenor said. 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. 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 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. 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. 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 . Dont target or lure anyone under that perception. I was just in shock, in disbelief that someone tricked me and lied to me.. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? He testified about waiting outside Smiths apartment that night and feeling in his gut that something wasnt right. The jury returned a true [] 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. Thats always nerve-wracking. Get the latest in local public safety news with this weekly email. "Etute told the police he punched Smith five times in the face and continued punching the victim when they hit the ground and 'stomped' on them," the Times reports. Taking Vitamin D each day could cut your chances of getting dementia, study claims. Sign up for our newsletter to keep reading. In anobituary, Smiths family remembered restaurant manager whose nephews nicknamed Gigi as a polite young man throughout his life. 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? 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. Roem, the first openly transgender person elected to the Virginia General Assembly, reacted on Twitter on Wednesday in a discussion of the prospect that the issue of deception might rise as a defense in Etutes case. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. He was suspended from the squad last week. Jimmy Turk, Etutes attorney, insisted that his client was lured and suggested that there were mitigating circumstances relating to Etute's culpability. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. A suspended Virginia Tech football player accused of killing a gay man . 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. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! The company's filing status is listed as Active and its File Number is 11222352. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. No one has identified Smith as transgender; his family has said he was a gay man. Then jurors will decide whether or not Etute is guilty of second-degree murder. 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. 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. The law states that juries could not consider such reactions as legitimate justification. Jensen relied on his cross-examination of Etute to counter the defenses narrative. 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. I was upset with myself, even, because I never intended to harm anyone.. Check out never-before-seen content, free digital evidence kits, and much more! He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. 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. Woman is left 'looking like Rose West' thanks to unflattering Tory Eurosceptics could take TWO WEEKS to decide whether to back Rishi Sunak's Brexit deal for Northern Watch as shoplifter puts BACK products he's trying to steal after live CCTV hub tells him: 'You're being Is YOUR lifestyle good for your heart? In April, Gov. The best insights from the ultimate insiders. Jan. 25, 2013), the Government states that this matter remains pre-indictment and is part of ongoing investigation of a possible civil rights violation arising . VIVID AFFAIRS LLC is a Virginia Domestic Limited-Liability Company filed on October 22, 2020. Mike Gangloff covers crime, breaking news and courts in the New River Valley. 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. His teeth had also been knocked out. Please subscribe to keep reading. 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. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Stressful start to National Offer Day? 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. The prosecution relied on expert testimony from the likes of state medical examiner Dr. Amy Tharp and forensic Detective Mike Czernicki to make sure the jury understood the level of damage Etute inflicted. The 19-year-old is accused of fatally beating Jerry Paul Smith, 40, after the two met on Tinder in May 2021. 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. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. 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. A freshman Virginia Tech linebacker charged with murder told police he fatally beat a man breaking every bone in his face for catfishing him on Tinder, prosecutors said. Turk told DailyMail.com that Smith had multiple social media accounts where he posed as a woman named 'Angie.'. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Link your TV provider to stream full episodes and live TV. According to the autopsy, all the bones in Blacksburg resident Jerry Paul Smith's face were broken, his teeth were missing and he had multiple cranial fractures. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! It can cover both assaults and murders, and is punishable by 10 years to life in prison. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. 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. 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. She also told the court her son would help take care of his younger sister with special needs. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. Who was more likely to be the aggressor? 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. Isimemen David Etute, left, listens to his defense team in Montgomery County Circuit Court in Christiansbur on Friday. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. Isimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. The suspended Hokie football player is accused of killing Jerry Paul Smith. 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. You can cancel at any time. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . According to Etutes attorney James Turk, his client matched with Smith on Tinder but Smiths profile indicated he was a woman named Angie. 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. Etute reportedly told police Smith did not assault him and that he heard bubbling and gurgling as he left Smiths home but didn't call the police. Jerry was a restaurant manager and known as a polite young man throughout his life. This is trial by ambush, Jensen argued. 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. The move drew an immediate objection from the prosecution, since Ehis Etute wasnt among witnesses submitted to the court by the defense during the pre-trial phase. The prosecution maintained it was a straightforward case to the jury throughout the trial with crime scene photos jurors saw multiple photos of Smiths dead body lying at the foot of his bed including close ups of his bloody face as well as details from Smiths autopsy that highlighted what a one-sided assault it was. 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. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. 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. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. 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. 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. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . Who would be more likely to resort to violence? Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. 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. The prosecution objected on the grounds that a reach the defense alleged that Smith reached under his bed where a knife was later found by police didnt constitute the necessary overt act for self-defense. Jurors were told Etute killed Jerry Paul Smith in self-defense . Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! But Etute became so agitated that he began punching Smith, according to information presented by Morgan and by defense attorney Jimmy Turk. 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. The trial took . Everything he (Smith) did was evil, Turk said, in his closing statement. Trans people do not owe anyone disclosure about their upbringing, their anatomy, or their past.. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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.. 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Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. 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. Isimemen David Etute at the end of his trial in Montgomery County Circuit Court in Christiansburg on Friday. If it was a man, I was just going to run out, Etute testified. Klpsake nuppu Halda stteid lisateabe saamiseks ja oma valikute haldamiseks. HB 2132, sponsored by Del. Get up-to-the-minute news sent straight to your device. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. 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. He is to be under house arrest in their custody in Williamsburg. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. 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. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. I felt violated, Etute testified, according to the Times. 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. ( renews at { { start_price } } { { start_price } } { { }... 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