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. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. 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. Advertisement If you can walk away from an encounter that you're not happy about, then you need to walk away.". Etute, who is charged with second-degree murder, was arrested on June 2. 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. Turk contrasted his client with the victim in stark terms on Friday. 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 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. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. Klpsake nuppu Halda stteid lisateabe saamiseks ja oma valikute haldamiseks. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. His family asked that donations be sent in Jerry's honor to St. Jude's Children's Hospital in lieu of flowers. Thats just wrong.. 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 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. 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. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. 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. Urban decay: There's a reason criminals love Los Angeles's district attorney, Student borrowers advocate Biden debt relief program amid Supreme Court battle, Trump and DeSantis attend dueling Republican conferences as GOP primary field heats up, China will target the US homeland in war over Taiwan, Army leader predicts, Users recoil at new iPhone feature that slows charging when clean energy isn't used. He has a motive for changing what he said, Jensen said. 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. Jerry Paul Smith. Sign up for our newsletter to keep reading. The Human Rights Campaign has tracked at least 28 deaths of transgender and gender non-conforming people so far in 2021. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). This story was updated Friday morning with comments about HB 2132 from Del. I felt violated, Etute testified, according to the Times. Real hard, Etute said. 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. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. 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 . [3] Im truly sorry for my actions.. 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 is charged with second-degree murder. 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Dont target or lure anyone under that perception. 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. Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. 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. 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. Etute has a tremendous amount riding on this trial.. Jeremy Clarkson is axed as Who Wants To Be A Millionaire? The medical examiner says Smith died from blunt force injuries to the head . Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. You have permission to edit this article. 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. 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. The linebackers parents and sister attended Wednesdays hearing, as well as a dozen Virginia Tech football players, most of whom were wearing team gear, according to the report. Turk spoke to reporters outside the courthouse after watching bailiffs remove the ankle bracelet Etute had been required to wear since being bonded out of jail on June 9. Facebook gives people the. Former Virginia Tech football player Isimemen Etute attends the first day of his trial at Montgomery County Circuit Court on Wednesday in Christiansburg. 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. A jury Friday found former Virginia Tech football player Isimemen Etute, 19, not guilty of second-degree murder in the beating death of Jerry Paul Smith, The Roanoke Times reports. UPDATE 11:47 a.m.: The second-degree-murder charge against suspended Virginia Tech football player Isimemen Etute was certified by a Montgomery County judge to a grand jury Thursday morning. 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 . Dont target or lure anyone under that perception. The tragedy to me is however this person presented themselves, they are a human being, Cobb said about Smith. 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. 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. 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. Friends and family for both Etute and victim Jerry Paul Smith filled the . Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . It is the right decision and right now Im still just overwhelmed.. 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"If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. 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 . CHRISTIANSBURG, Va. (WDBJ) - The trial of former Virginia Tech football player Isimemen Etute began in court Wednesday. 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. Ex-Virginia Tech linebacker Isi Etute pleaded not guilty to second-degree murder in the killing of Jerry Smith, whom Etute met on Tinder as "Angie." 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? Absolutely horrific, Roem tweeted. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. (Matt Gentry/The Roanoke Times via AP, Pool) 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. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! May 18, 1981 - June 1, 2021. He is now suspended from both the team and the university. The campaign said that since it started tracking such violence in 2013, it has never witnessed so many deaths by this point in the year. Staff writers Neil Harvey and Mike Niziolek contributed to this article. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. 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.. 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. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. The pair met, at which time Smith reportedly gave Etute oral sex. 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. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. Businessman Jerry Smith was found . There is unfortunately a long history of framing transgender people as inherently deceptive or untruthful about their identities. 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. Dont target or lure anyone under that perception. 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? Railroad shut down while police investigate reports of shots fired prior to injury accident.Railroad shut down while police investigate reports of shots fired prior to injury accident. Context: Isimemen Etute is an 18 male football player about to start at Virginia Tech. The case went to a grand jury at Montgomery Circuit Court on Tuesday, Oct. 26. Thats just wrong.. I cant imagine being him, Turk said. 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 explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. 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 . Jerry Paul Smith was killed May 31 at his home in Blacksburg, Va. A medical examiner ruled he died of blunt force trauma to the head; an autopsy further revealed that every bone in his face was broken and that he had skull fractures, the Roanoke Times reports. 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. 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. Jerry Smith. Turk had argued for his client to be released on bond, and a judge initially granted it, but Morgan appealed. Get up-to-the-minute news sent straight to your device. 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