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.. She walked through her family dynamic her sons background, his relationship with his family and their living situation. The facts for the most part in this case are not contested, Jensen said, in his closing statement. Etute was arrested on June 2 and charged with second-degree murder.He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Absolutely horrific, Roem tweeted. The FBI listed 7,314 hate crime incidents in 2019. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. In an email earlier this year to the Senate Judiciary Committee in support of HB 2132, Carsten Andresen, a Texas criminal justice professor, said there have been at least eight cases in Virginia in which defense attorneys used gay and trans panic arguments. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. 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. Isimemen Etute, 19, was found not guilty of second degree murder by a Montgomery County jury on Friday for the beating death of Jerry Smith, 40, according to the Roanoke Times. 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.. 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. 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. Taking Vitamin D each day could cut your chances of getting dementia, study claims. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. 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. Jerry Paul Smith . Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. He is now suspended from both the team and the university. This is horrific. HB 2132, sponsored by Del. Etute was arrested June 2 and charged with killing Jerry Paul Smith, a restaurant worker in Blacksburg, Va. All the bones in Smith's face were broken, teeth were missing and he suffered cranial . 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. transgender and non-conforming people killed in 2021. Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. 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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. 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 medical examiner says Smith died from blunt force injuries to the head . 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 revealed Smith, a restaurant worker, died from blunt force trauma to the head. View the profiles of people named Jerry Paul Smith. Jurors had to stand from the panel to watch the demonstration. 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. 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. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. 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. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! Tags NCAA What people . Friends and family for both Etute and victim Jerry Paul Smith filled the . The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. 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. Get the latest in local public safety news with this weekly email. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. But Etute became so agitated that he began punching Smith, according to information presented by Morgan and by defense attorney Jimmy Turk. There is unfortunately a long history of framing transgender people as inherently deceptive or untruthful about their identities. Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. US firms waiting in the wings read to pump 'billions Parents' fury as schools STILL won't tell them if they are closed tomorrow as teacher strikes continue. 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. 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. Etute has a tremendous amount riding on this trial.. 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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. 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. CASEY: Some head-turning words by Rep. 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His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. 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. 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. 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. Who was more likely to be the aggressor? Meie, Yahoo, kuulume Yahoo kaubamrkide perre. Jerry Paul Smith. 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. No one has identified Smith as transgender; his family has said he was a gay man. The beating that ensued broke all the bones in Smith's face and left the victim with cranial fractures and missing teeth, according to the autopsy. Turks hope now is that Etute is able to reclaim his life. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! 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. Stressful start to National Offer Day? Jensen pointed out the differences in his statements and possible moments where he could have simply left Smiths apartment May 31. His teeth had also been knocked out. Dont target or lure anyone under that perception. 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. 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. 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. According to Tharp, the fluid was evidence of Smith inhaling his own blood after the attack. Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing Smith. 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. I was just shocked and in disbelief that someone had tricked me and lied to me.. Businessman Jerry Smith was found . Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . Both experts testified about a frothy fluid coming out of Smiths mouth that ran down his sweatshirt in the crime scene photos. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. BLACKSBURG Jerry Paul Smith didn't like to leave his family hanging. In the courtroom, defense attorney Jimmy Turk of Radford said that Smith had solicited Etute for sex. Etute believed that the person he had hooked up with was a woman named Angie. Etute had entered Virginia Tech at midterm and participated in training with the football team. And he spoke at my wedding, Lindsey Turk said. 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. Turks remarks prompted waves of comments online and elsewhere. The company's filing status is listed as Active and its File Number is 11222352. We've received your submission. 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.. In the aftermath of Virginia Tech linebacker Isi Etute's arrest and second-degree murder charge, authorities have now revealed the official cause of death for Jerry Paul Smith, the 40-year-old . You have permission to edit this article. It doesn't matter if you're mad. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. Ismemen David Etute, 18, was charged in the death of Blacksburg restaurant managerJerry Paul Smith after allegedly punchingand stomping the 40-year-old multiple times on May 31. 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.. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. 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. 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? 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. 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. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. Context: Isimemen Etute is an 18 male football player about to start at Virginia Tech. Tharp testified that most of the bones in Smiths face were broken, he had bleeding and swelling inside his brain and he had multiple teeth knocked out. A suspended Virginia Tech football player accused of killing a gay man . 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. 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. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! 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. 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. Etute, an 18-year-old freshman who enrolled at midyear, was charged last week with killing Jerry Paul Smith, 40, a Blacksburg restaurant worker, in a downtown apartment on Memorial Day. 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. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk told reporters outside the courtroom. Left. The man who hid the knife or this goofy, gullible kid, Turk said. 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. 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 . [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. There was a problem saving your notification. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Jensen relied on his cross-examination of Etute to counter the defenses narrative. 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. ", 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 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. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. Please subscribe to keep reading. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. 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