Some said the details that emerged from Wednesdays bond hearing show that Smiths killing was motivated by a bias against gays. 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.. 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. Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory. Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not, Turk later told reporters. 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. Former Virginia Tech football player Isimemen David Etute describes an altercation during his murder trial in Montgomery County Circuit Court in Christiansburg, Va., Thursday, May 26 2022. There is unfortunately a long history of framing transgender people as inherently deceptive or untruthful about their identities. 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. [2] By the time he retired, he held the NFL record for most career touchdowns by a tight end. transgender and non-conforming people killed in 2021. . Last week, a spokesperson for Smiths family described him as a proud, openly gay man. There was a problem saving your notification. Jerry Smith. Etutes next court appearance is scheduled for July 23. She also told the court her son would help take care of his younger sister with special needs. Prosecutors say Etute met Smith through a dating app, but the 18-year-old thought that Smith was a woman named Angie. You can cancel at any time. The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. This is trial by ambush, Jensen argued. Turk spent much of his closing statement arguing Etute, who testified on his own behalf, acted in self-defense after Smith swung at him and reached under his mattress. 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. Brunson accompanied Etute to Smiths apartment along with Jalen Hampton on May 31. Jerry Paul Smith Wiki Jerry Paul Smith Biography Who was Jerry Paul Smith ? Who would be more likely to resort to violence? The defense rested after calling Jordan Brunson, a former Virginia Tech teammate of Etute, on Friday morning. Gay panic refers to claiming, in court, that the reaction to finding out someone elses sexual orientation or gender identity justifies violent acts. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. 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. Etutes attorneys argued the beating was self-defense in a confrontation between the two in which the mans true identity was revealed. The jury returned a true [] In April, Gov. Staff writers Neil Harvey and Mike Niziolek contributed to this article. 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 had entered Virginia Tech at midterm and participated in training with the football team. Dont target or lure anyone under that perception. 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. Duncan granted bail and said there was no reason to believe that Etute would fail to appear for his trial or that he is a threat to the community. 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. Dont target or lure anyone under that perception. Turks hope now is that Etute is able to reclaim his life. 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. Teave teie seadme ja internetihenduse (nagu teie IP-aadressi) kohta, Sirvimis- ja otsingutegevused Yahoo veebilehtedel ja rakendustes. Then jurors will decide whether or not Etute is guilty of second-degree murder. The defense painted a more complex picture of the case while emphasizing the criminal nature of Smiths conduct. Jurors were told Etute killed Jerry Paul Smith in self-defense . 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 . 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. The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg, Va., Friday, May 27, 2022. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team after he was charged. Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. 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Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. Isimemen David Etute his hugged by his father David Etute at conclusion of the triall in Montgomery County Circuit Court in Christiansburg on Friday. 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, 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 campaign said that since it started tracking such violence in 2013, it has never witnessed so many deaths by this point in the year. 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. He was released on $75,000 bond on Wednesday and is to remain under house arrest and electronic monitoring. They connected on Tinder, a dating app, weeks earlier after Smith, who identified as an openly gay man, presenting himself online as a 21-year-old emergency room physician named Angie Renee. The Roanoke Times reports a jury acquitted Isimemen Etute on a second-degree murder charge for the death of 40-year-old Jerry Paul Smith.The jury reportedly deliberated for about three hours following the trial that lasted . A suspended Virginia Tech football player accused of killing a gay man . Im just thankful for this jury. Isimemen Etute faces traffic charges in Radford from the same day that he is accused of killing Jerry Paul Smith in Blacksburg. 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. 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 . Thats always nerve-wracking. 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. Virginia Tech football players leave the Montgomery County Courthouse after Isimemen Etutes bond hearing in Christiansburg on Wednesday. Blacksburg police found Jerry Paul Smith dead in his North Main Street apartment on June 1. "If the defense were to raise the LGBTQ panic defense, it's not that they're prohibited from speaking about it. 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. 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. 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. 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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. 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 . Turk, who has been practicing law for 36 years and tried more than 70 murder cases, nervously paced the hallways while the jury deliberated for more than three hours. 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.. 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 had previously been to Smiths residence on April 10 for oral sex under the impression that he was going to meet someone named Angie, attorneys for both the defense and prosecution told Judge Randal Duncan, according to the Roanoke Times. The defendant mother Michelle Etute spoke to her sons character, telling the court he is not a flight risk and had never been in any trouble,WDBJ7.comreported. Jensen did cede a bit of ground in his rebuttal remarks after Turks emotional final words. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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.. And he spoke at my wedding, Lindsey Turk said. 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 Tinder and with whom he agreed to engage in sexual acts, was a man, prosecutors said, citing police statements. Businessman Jerry Smith was found . 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. 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. Klpsates nuppu Aktsepteeri kik, nustute, et Yahoo ja meie partnerid ttlevad teie isikuandmeid ning kasutavad isikuprastatud reklaamide ja sisu kuvamiseks, reklaamide ning sisu mtmiseks, sihtrhma levaateks ja tootearenduseks selliseid tehnoloogiaid nagu kpsised. 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. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. I felt violated, Etute testified, according to the Times. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Jerry was a restaurant manager and known as a polite young man . Man died Wednesday. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. WATCH LIVE: Merrick Garland testifies before Senate Judiciary Committee, Jeremy Beaman, Energy and Environment Reporter. 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