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. He excluded a jury instruction on the gay panic defense that was the subject of a law passed by the General Assembly last year. Attorneys said Isimemen Etute matched with Smith on Tinder, which led to a sexual encounter in April 2021. 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. The Washington, D.C.-based Human Rights Campaign says that with the panic defense, a criminal defendant can argue in court that their discovery of the victims sexual orientation or gender identity caused the defendants violent reaction, potentially leading to a reduced charge or sentence. No one has identified Smith as transgender; his family has said he was a gay man. 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. He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. Etute had entered Virginia Tech at midterm and participated in training with the football team. The offender clearly consented to this and could have made a decision to leave and instead of leaving, made a decision to kill someone.. Duncan then said that he saw no evidence that Etute posed a danger to the community and allowed him to leave jail until his trial, after posting a $75,000 bond. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. 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. A man he met on Tinder is charged with second-degree murder. 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. Jerry Smith, 40, died after posing as 'Angie Renee' to meet straight college-aged men . On Friday, Radford lawyer Jimmy Turk said he is now representing Ismemen David Etute, 18, a Virginia Tech freshman charged with killing Smith. 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. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. Stressful start to National Offer Day? Isimemen David Etute demonstrates the altercation he was involved in to as Chief Deputy Commonwealth's Attorney Patrick Jensen, left, looks on in Montgomery County Circuit Court in Christiansburg Va., Thursday May 26 2022. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. Her body has been cremated. 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? This is horrific. Etute took the stand on the third day of his trial and gave a play-by-play of what he now says happened the night that Smith died, according to The Roanoke Times. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second, Former Virginia Tech linebacker Isimemen Etute will get a chance to play football this season following his acquittal on a second-degree murde. He was suspended from the squad last week. 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. 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. 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. Ismemen David Etute, 18, (pictured) was charged in the death of Jerry Smith after allegedly punching and stomping after he discovering he was actually a man, Etute was released on $75,000 bond on Wednesday and will remain under house arrest and electronic monitoring. Jerry Paul Smith was allegedly beaten to death by Isimemen Etute. 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. 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. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. "Keep in mind, this bill is not about self-defense. Jerry was a restaurant manager and known as a polite young man throughout his life. Thats just wrong., Etute said during the hearing that the situation has been real hard for him, adding, Im trying to stay strong for the people that support me. 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. 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.. The order prohibits Etute from going back to Montgomery County except for court proceedings or to consult with his attorney. 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 . Join Facebook to connect with Jerry Paul Smith and others you may know. Im truly sorry for my actions., CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. Last week, a spokesperson for Smiths family described him as a proud, openly gay man. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. I was just shocked and in disbelief that someone had tricked me and lied to me.. 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.. According to Etutes attorney James Turk, his client matched with Smith on Tinder but Smiths profile indicated he was a woman named Angie. 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. Mr Etute, who was a player at Virginia Tech, matched with Smith on the app and went to "Angie's . By continuing to use our site, you agree to our Private Policy and Terms of Use. 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. 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. Please subscribe to keep reading. It can cover both assaults and murders, and is punishable by 10 years to life in prison. It's that the judge would have to instruct the jury to not let that affect their decision," she said. The medical examiner says Smith died from blunt force injuries to the head . The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. Etute believed that the person he had hooked up with was a woman named Angie. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . 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. 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. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. As this case unfolds, I hope that people will realize that transgender men, women, and non-binary people are on Tinder and have a right to be there, and that presenting oneself as any gender online is not the same thing as catfishing. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. 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. Real hard, Etute said. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). 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 prosecutors that after learning Smith was not anatomically female, he beat them. After a near-anonymous sexual encounter with Angie and her apartment on April 10, 2021 during which Etute allegedly told detectives she kept her place dark, hid her face with a hoodie and paid him $50 after performing oral sex on him, according to ABC affiliate WJLA Etute allegedly said he began to suspect Angie was not a woman. Trans people do not owe anyone disclosure about their upbringing, their anatomy, or their past.. Online condolences and [] John Smith brother of Jerry Paul Smith testified from the witness stand in Montgomery County Circuit Court in Christiansburg, Va., Wednesday, May 25, 2022. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. He is to be under house arrest in their custody in Williamsburg. 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 heard 'bubbling and gurgling' as he left the apartment but didn't call the police. Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. Etutes next court appearance is scheduled for July 23. Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. A 19-year-old former Virginia Tech football player has pleaded not guilty to second-degree murder charges in the death of 40-year-old Jerry Paul Smith. 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. 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 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. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. The company's filing status is listed as Active and its File Number is 11125522. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. Day three of the trial opened with the defense trying to call Etutes older brother Ehis to the stand. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. She walked through her family dynamic her sons background, his relationship with his family and their living situation. I felt violated, Etute said, of discovering Smiths identity. Prosecutor Jason Morgan, in arguing against Etute's release on bond, testified that the defendant had met Smith for oral sex April 10, after the two had connected on Tinder. 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. Jerry Smith. Additionally, the sections of the story dealing with the Human Rights Campaign have been clarified to more correctly indicate the source of the information. Smith was discovered dead the following day after his family requested a welfare check. Dont target or lure anyone under that perception. 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. 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. Turk was able to get the lead detective on the case, Ryan Hite, to tell the jury on Thursday during cross-examination that he would have referred Smiths actions in this case obtaining sex through false pretenses to the commonwealths attorney had he known about them. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. Visit the Wedding Registry, Virginia Tech freshman linebacker, 18, charged with second-degree murder in beating death of Tinder date, after they had oral sex and the teen later discovered his partner was a man, 40, posing as a woman named Angie Ko. Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? Isimemen Etute, 18, of Virginia Beach, was charged with second-degree murder in connection with the death of Jerry Smith in Blacksburg, where Virginia Tech is located, police said earlier this month. Mike Gangloff covers crime, breaking news and courts in the New River Valley. Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported. Etute was charged with second-degree murder June 2 in the death of Blacksburg, Virginia, resident Jerry Smith. Thats just wrong.. 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. Former Virginia Tech football player Isimemen Etute and his family have issued a statement to The Roanoke Times, Etute wasacquitted on second. I felt violated, Etute testified, according to the Times. Jerry Paul Smith . This was a wicked sexual ruse.. Former Virginia Tech football player Isimemen Etute found not guilty in beating death of Blacksburg man. 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. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Who was more likely to be the aggressor? Roem, the first openly transgender person elected to the Virginia General Assembly, reacted on Twitter on Wednesday in a discussion of the prospect that the issue of deception might rise as a defense in Etutes case. This is about preventing murder and assault," Roem added. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. When the verdict was read to the courtroom, Etutes father, David, collapsed in his seat while his wife Nichelle sobbed. HB 2132, sponsored by Del. Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Then he saw him (Smith) reach for something under the bed and hit him five to six times.. You have permission to edit this article. And he spoke at my wedding, Lindsey Turk said. Isimemen David Etute, left, listens to his defense team in Montgomery County Circuit Court in Christiansbur on Friday. Smiths family quickly left the room. CHRISTIANSBURG Virginia Tech football player Ismemen David Etute will be back in Montgomery County General District Court on Wednesday morni. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. Isimemen "Isi" David Etute is charged with second-degree murder in the death of Jerry Paul Smith, a restaurant worker. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. 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. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. Left. Smith performed oral sex on Etute on April 10, and Etute returned to the apartment with two of his former teammates in May seeking to determine if Smith was a man or woman. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. 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. 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. 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.. 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. Man died Wednesday. (Matt Gentry/The Roanoke Times via AP, Pool) Create your free profile and get access to exclusive content. 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. Then jurors will decide whether or not Etute is guilty of second-degree murder. 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