It would have been applicable, but this (ruling) is purely procedural, Fleenor said. The jury returned a true [] Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. 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. 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 Who would be more likely to resort to violence? Etute told prosecutors that after learning Smith was not anatomically female, he beat them. He has a motive for changing what he said, Jensen said. You can cancel at any time. Jerry Smith. 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. It came out in court Wednesday morning that the victim in last week's homicide, 40-year-old Jerry Paul Smith, and Etute had known each other for a short while. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. No one has identified Smith as transgender; his family has said he was a gay man. Lisateavet selle kohta, kuidas me teie teavet kasutame, leiate meie privaatsuspoliitikast ja kpsiste kasutamise phimtetest. 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. He can be reached at mike.gangloff@roanoke.com or (540) 381-1669. 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. . After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. Powerful Commons committee could look at case for banning stoves in towns and Bird flu HAS mutated to infect people: Fresh pandemic fears as scientists on ground zero in Cambodia find China hits back at FBI claim that Wuhan lab leak likely caused global COVID outbreak - still no consensus Morbidly obese girl who died during lockdown begged her mother to clean her 'leaking legs' in Psychiatrist: What most women don't know about their hormones - and why you start drinking and smoking more Shamima Begum and other British women who joined Islamic State and are being held in Syria will 'ultimately' Don't just stick to the Malbec! (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). 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 . He has been a reporter for The Roanoke Times for more than three decades. 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. Isimemen Etute, a Virginia Beach native, often stayed at Turks house when he was in town for court appearances. (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.). Smiths family attended the packed hearing as well as more than a dozen of Etutes teammates. Thats just wrong.. Earlier this year, the Virginia House and Senate approved a bill that bans what is sometimes called the gay panic or LGBTQ panic defense. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. Im truly sorry for my actions., CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. BLACKSBURG Virginia Tech athletic director Whit Babcock wore a pained expression when asked about Isimemen David Etute on Monday afternoon. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" Online condolences and [] Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. The prosecution objected on the grounds that a reach the defense alleged that Smith reached under his bed where a knife was later found by police didnt constitute the necessary overt act for self-defense. 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. Tags NCAA What people . Applebaum, 2013 WL 286230 (4th Cir. EXCLUSIVE: Lanzarote sticks to its guns and insists it WILL limit tourists and move away from relying on Nearly half of British viewers believe ethnic minorities and LGBT communities are over-represented on TV, Is YOUR wood burner at risk? Furious motorist is fined 650 after council worker paints disabled bay around his parked car. 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. 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. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. Jurors were told Etute killed Jerry Paul Smith in self-defense . Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . In April, Gov. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. Jerry Paul Smith . WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. "Keep in mind, this bill is not about self-defense. 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. 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. 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. Isimemen David Etute is accused of killing Jerry Paul Smith. It isn't clear from media reports why Etute thought Smith was a woman during the initial encounter. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! 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. 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. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . Please subscribe to keep reading. Im not sure what the evidence is in this case beyond news reports, though that is what the federal investigators would be looking for, he wrote. 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. Dont target or lure anyone under that perception. Reactions to the killing of Jerry Paul Smith, a 40-year-old restaurant project manager, grew louder after a Wednesday bond hearing for Isimemen David Etute, 18, of Blacksburg. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. "You cannot and you will not be able to get away with murdering an LGBTQ person in Virginia simply because you feel like it. When do the clocks change in 2023? 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. Sign up for our newsletter to keep reading. Check out never-before-seen content, free digital evidence kits, and much more! There was a problem saving your notification. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. The suspended Hokie football player is accused of killing Jerry Paul Smith. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. Prince Harry boasts about finding 'freedom and happiness' and jokes about reincarnation in unseen TV Behind-the-scenes at fashion week with the Spencers! 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. A college football player allegedly stomped his Tinder date to death after he discovered the woman named Angie hes had oral sex with was actually a man. 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. 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. BLACKSBURG, Va. (WDBJ) - Surveillance video shows three people leaving quickly from Jerry Smith's Blacksburg apartment May 31.. We've blurred their faces until police confirm their identities . 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. There was a problem saving your notification. Judge Mike Fleenor sided with the defense on a pair of notable motions during jury instructions. His title was incorrect in an earlier version of this story. Then claimed he got jerry paul smith virginia, stood next to the bed and asked Smith Why! 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