Unlike a lot of crimes, these involve deeply felt community harm in which an entire segment of the population is victimized, Levin said. This is horrific. 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. An autopsy revealed Smith, a restaurant worker, died from blunt force trauma to the head. 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. 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. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! 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 . 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.. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. I was just in shock, in disbelief that someone tricked me and lied to me.. Please subscribe to keep reading. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. 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. At a bond hearing on Wednesday, attorneys for the state revealed that Etute allegedly told police he punched and stomped Smith . The 18-year-old linebacker heard 'bubbling and gurgling' coming from Smith as he left the apartment, but didn't call the police, the Commonwealth Attorney added. We've received your submission. In anobituary, Smiths family remembered restaurant manager whose nephews nicknamed Gigi as a polite young man throughout his life. 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 . 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. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. 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. 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. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! 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. Then he saw him (Smith) reach for something under the bed and hit him five to six times.. The jury decided Friday evening not to charge Etute with second-degree murder or voluntary manslaughter in the death of Jerry Paul Smith. Girl, 2, looks star-struck as she presents Kate with a gift of Daffodils for St David's A bargain fit for a king: Grade II-listed manor house complete with barn and gatehouse is listed at auction Who said black and white pics were flattering! Laurence Hammack covers environmental issues, including the Mountain Valley Pipeline, and business and enterprise stories. Mr Etute, who was a player at Virginia Tech, matched with Smith on the app and went to "Angie's . Businessman Jerry Smith was found . Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. Smiths family attended the packed hearing as well as more than a dozen of Etute's teammates, the Richmond-Times Dispatch reported. 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. Ismemen David Etute, 18, told cops he went to the Blacksburg apartment of 40-year-old Jerry Smith in April for oral sex after matching up with someone named Angie on Tinder, the Roanoke Times reported. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. May 18, 1981 - June 1, 2021. 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. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. Listen to the story. He has been a reporter for The Roanoke Times for more than three decades. You can cancel at any time. Relatives of Smith, meanwhile, reportedly declined to comment after the hearing. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. Dont target or lure anyone under that perception. 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. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. View the profiles of people named Jerry Paul Smith. Jurors had to stand from the panel to watch the demonstration. 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? Jerry Paul Smith . The medical examiner says Smith died from blunt force injuries to the head . The state medical examiners office in Roanoke said an autopsy determined that Jerry Paul Smith died from a blunt force injury to the head. 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.. There was a problem saving your notification. Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing Smith. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. Mike Gangloff covers crime, breaking news and courts in the New River Valley. Sign up for our newsletter to keep reading. Im just thankful for this jury. Advertisement Please subscribe to keep reading. Signs Ban on Gender-Affirming Care for Trans Youth, LGBTQ+ People Take Up Arms as Fears of Right-wing Hate Groups Grow, Tennessee Gov. 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. He is to be under house arrest in their custody in Williamsburg. Stressful start to National Offer Day? For example, Congress expanded the definition of hate crimes in 2009, adding protections against crimes based on gender identity or sexual orientation and allowing a federal prosecution when it is in the public interest. 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. Real hard, Etute said. 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. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. It doesn't matter if you're mad. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. 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. Online condolences and [] The family asked that donations be sent in Jerry Smiths honor to St. Judes Childrens Hospital in lieu of flowers. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. Her body has been cremated. [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. By continuing to use our site, you agree to our Private Policy and Terms of Use. Etute traffic charges resolved in Radford The charges are a footnote to mistaken-gender killing, of which Isimemen David . 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. And he spoke at my wedding, Lindsey Turk said. After being prodded by friends in the prior weeks about whether Angie was actually a woman, Etute admitted he went back to the apartment with twofriends, who waited outside in the hallway of Smith's apartment complex. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. 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. 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, WDBJ7.com reported. 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. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. His teeth had also been knocked out. (Matt Gentry/The Roanoke Times via AP, Pool) Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. Sign up for our newsletter to keep reading. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. Jensen didnt defend Smiths conduct in his closing statement, but said the brutal beating showed the malice required for a second-degree murder conviction and the defendants contradictory statements were enough to cast doubt on the self-defense claim. The criminal nature of Smiths conduct Trans Youth, LGBTQ+ people Take Up Arms as of. Meanwhile, reportedly declined to comment after the hearing Radford the charges are a footnote to killing. 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