Both experts testified about a frothy fluid coming out of Smiths mouth that ran down his sweatshirt in the crime scene photos. 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. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Posted on June 10, 2021 by konniemoments in Assault, Crime, Homicide, News // 1 Comment. Im truly sorry for my actions., CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. The FBI listed 7,314 hate crime incidents in 2019. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . 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. 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. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. . The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Cops found the badly beaten mans body one day later, the newspaper reported. The facts for the most part in this case are not contested, Jensen said, in his closing statement. 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.. 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. 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. The medical examiner says Smith died from blunt force injuries to the head . 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. 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Ismemen David Etute, who appeared in Montgomery County District Court in Virginia on . Businessman Jerry Smith was found . Etute, then an 18-year-old early enrollee at Virginia Tech, fatally beat Smith on May 31 at the Blacksburg restaurant workers apartment, according to court testimony. Former Virginia Tech football player Isimemen Etute found not guilty in beating death of Blacksburg man. Get up-to-the-minute news sent straight to your device. Etute also told police that Smith did not fight back, WSLS.comreported. Tags NCAA What people . View the profiles of people named Jerry Paul Smith. Enter your email address to follow KonnieMoments1 and receive notifications of new posts by email. This is trial by ambush, Jensen argued. Attorneys said Isimemen Etute matched with Smith on Tinder, which led to a sexual encounter in April 2021. Turk contrasted his client with the victim in stark terms on Friday. 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. Isimemen David Etute, left, listens to his defense team in Montgomery County Circuit Court in Christiansbur on Friday. On Friday, Radford lawyer Jimmy Turk said he is now representing Ismemen David Etute, 18, a Virginia Tech freshman charged with killing Smith. [3] Jerry Smith. Ralph Northam signed legislation that will apply to the use of such defenses in Virginia on July 1. 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. 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. The 18-year-old was charged with the death of Blacksburg restaurant manager Jerry Paul Smith after allegedly punching and stomping the 40-year-old multiple times 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. 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 . Turks remarks prompted waves of comments online and elsewhere. Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. "Etute heard 'bubbling and gurgling' as he left the apartment but didn't call the police. 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? Isimemen David Etute and Defense Attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg on Friday. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. Create your free profile and get access to exclusive content. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. 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. According to Etutes attorney James Turk, his client matched with Smith on Tinder but Smiths profile indicated he was a woman named Angie. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. Then he saw him (Smith) reach for something under the bed and hit him five to six times.. Smiths family quickly left the room. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. 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. Fleenor also allowed the defenses proposed instructions on self-defense. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. 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. Honestly, I was destroyed, Etute stated. Friends and family for both Etute and victim Jerry Paul Smith filled the . The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. At the hearing in Montgomery County General District Court with more than a dozen Hokie football players in attendance, Judge Randal Duncan heard a prosecutors statements that Etute told police he went to Smiths downtown apartment to engage in sexual activity. {{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. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. Etute told police he thought he was meeting a woman named Angie with whom hed connected on Tinder, and whom hed met for oral sex on April 10. 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.' . The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . All the bones in Smith's face were broken and his teeth were missing, the report said. Who would be more likely to resort to violence? Jerry was a restaurant manager and known as a polite young man throughout his life. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name Angie." Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? Turks hope now is that Etute is able to reclaim his life. That's just wrong.'. Man died Wednesday. 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 . Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. 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. All of the bones in Smiths face were broken, his teeth were knocked out, and he had cranial fractures, Morgan said. The man has been identified as Jerry Smith, 40 of Blacksburg. 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. 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Facebook gives people the. Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smith's apartment. You have permission to edit this article. The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. (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.). 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. 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 . Jerry Paul Smith. was indicted by a Montgomery County grand jury in the murder of restaurant manager Jerry Paul Smith on Tuesday, The Roanoke Times reported. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. Isimemen David Etute, 18, has been charged with second-degree murder. Etute, a freshman on Virginia Techs football team until his arrest, at which point he was suspended, faces a second-degree murder charge. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! Email notifications are only sent once a day, and only if there are new matching items. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. No one has identified Smith as transgender; his family has said he was a gay man. Will Democrats and Big Tech ever apologize? 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. 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. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! CHRISTIANSBURG, Va. (WDBJ) - The trial of former Virginia Tech football player Isimemen Etute began in court Wednesday. He knew that worst case scenario he could have been looking at five to 40 years in the penitentiary on a second-degree murder conviction. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! Ismemen Etute is seen on a Fox 46 broadcast. When do the clocks change in 2023? Blacksburg police, according to the statement, responded to a welfare check at 119 N. Main Street in Blacksburg on the night of Tuesday June 1, and found Smith deceased. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. CHRISTIANSBURG Virginia Tech football player Ismemen David Etute will be back in Montgomery County General District Court on Wednesday morni. Jerry Paul Smith . Man died Wednesday. Etute, a freshman on . Etute also told police that Smith did not fight back. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. John Smith brother of Jerry Paul Smith testified from the witness stand in Montgomery County Circuit Court in Christiansburg, Va., Wednesday, May 25, 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. 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. 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. 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. BLACKSBURG Jerry Paul Smith didn't like to leave his family hanging. 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. Supports Anti-Drag Bill But Apparently Once Posed in Drag, Florida Legislator Aims to Expand Dont Say Gay Law, Libs of TikTok's Chaya Raichik Writes Book, Goes on Crazy Promotional Tour, Alleged Pride Flag Arsonist Yells 'Its All Fake' During Hearing, Domestic Violence and Sexual Assault Support Grant Announced in Kansas, Madonna's Older Brother Anthony Ciccone Is Dead at 66, Marjorie Taylor Greene Wants Divorces? "You cannot and you will not be able to get away with murdering an LGBTQ person in Virginia simply because you feel like it. 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. 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? Furious motorist is fined 650 after council worker paints disabled bay around his parked car. The victim, he testified, partially undressed and assumed a position on all fours on the bed, exposing the buttocks. Sign up forOxygen Insiderfor all the best true crime content. When laying out the case for granting bond, Etute's attorney had the 18-year-old and his mother take the stand. Reverberations continued to spread Thursday from the Memorial Day killing of a gay Blacksburg man whose alleged attacker, a Hokie linebacker, told police that hed lashed out after discovering the person he met for a sexual encounter was not a woman. The suspended Hokie football player is accused of killing Jerry Paul Smith. 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