Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. Businessman Jerry Smith was found . Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. A former Virginia Tech football player accused of killing a man who gave him oral sex has been set free by a Virginia jury. 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. Mr Etute, who was a player at Virginia Tech, matched with Smith on the app and went to "Angie's . 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. Thats always nerve-wracking. 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. Last week, a spokesperson for Smiths family described him as a proud, openly gay man. May 18, 1981 - June 1, 2021. 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. 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. 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. 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. 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. 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 . He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. 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. Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. 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. 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. He was suspended from the squad last week. 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. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic 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. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. This is horrific. 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. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . 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 . 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. An autopsy report revealed Smith died from blunt force trauma to the head, theRichmond-Times Dispatchreported.All the bones in Smiths face were broken and his teeth were missing, the report said. Turks remarks prompted waves of comments online and elsewhere. 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. 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 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. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. 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. 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. 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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. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. 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. Edit: And for more proof that "Angie Renee" and Jerry Smith are the same person, the laptop with the Vineyard Vines sticker on "Angie's . I feel like Ive let a lot of people down. It's that the judge would have to instruct the jury to not let that affect their decision," she said. The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. Real hard, Etute said. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. 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. Cops found the badly beaten mans body one day later, the newspaper reported. 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. Roanoke City Council member Joe Cobb, who identifies as a member of the regions LGBT community, had similar thoughts, saying the larger picture was of how LGBTQ people are seen by the wider society and often have been blamed for crimes in which they were the victims. The police searching Smiths apartment found a knife hidden between the mattress and box spring in the spot where Etute alleged the attack took place. 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. Rand Paul was vindicated this week regarding COVID. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Jerry Paul Smith after allegedly punching. 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. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. He was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. 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 . BLACKSBURG Jerry Paul Smith didn't like to leave his family hanging. Jensen pointed out the differences in his statements and possible moments where he could have simply left Smiths apartment May 31. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. The Registered Agent on file for this company is Jerry Paul Smith and is located at 119 N Main St Apt 207, Blacksburg, VA 24060-3945. Jurors had to stand from the panel to watch the demonstration. Man died Wednesday. 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. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. Etute has a tremendous amount riding on this trial.. All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. 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. Honestly, I was destroyed, Etute stated. 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 . The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. 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. It doesn't matter if you're mad. The Papers Are Already Filed, Queerbaiting, Latine, and WOC Among New Words Added to Dictionary.com, Black Trans & Nonbinary Youth at High Risk of Suicide: Report, What to Know About 2023's HIV is Not a Crime Awareness Day, Kerri Colby Spills on Sasha Colby's Legacy & Kim Petras Making History, Youngkin Latest GOP Gov. 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. Turks hope now is that Etute is able to reclaim his life. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. His attorney, Jimmy Turk, told a judge the case was more than someone just showing up to an apartment and punching someone.. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. 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.. There just needs to be a scintilla, and there may be all there is in this case, its not that much, Fleenor said, in siding with the defense. 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. Sign up for our newsletter to keep reading. Friends and family for both Etute and victim Jerry Paul Smith filled the . Email notifications are only sent once a day, and only if there are new matching items. The FBI listed 7,314 hate crime incidents in 2019. I cant imagine being him, Turk said. Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. The medical examiner says Smith died from blunt force injuries to the head . "Etute heard 'bubbling and gurgling' as he left the apartment but didn't call the police. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. 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. A Celebration of Life Service will be held at 2p.m. Etute is currently on suspension from Virginia Tech and its football team. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" 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. Jensen relied on his cross-examination of Etute to counter the defenses narrative. 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. 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. {{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. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . He was having sexual relations with a 40 year old person known as either Jerry Smith or Angie Smith. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith following a three-day trial in Montgomery County Circuit Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 'Don't target or lure anyone under that perception. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory. No one has identified Smith as transgender; his family has said he was a gay man. 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. 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. 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. 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 . 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. Dont target or lure anyone under that perception. Additionally, the sections of the story dealing with the Human Rights Campaign have been clarified to more correctly indicate the source of the information. 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