Megan Schiffres, Originally Published And what was the intent of the panic defense ban, to stop this from being used. This was a wicked sexual ruse.". Compounding matters for the defense is that Virginia became the 12th state to implement a ban on the Gay Panic defense in April. Tharp said there was no evidence that Smith fought back. Smith, who allegedly claimed to be a woman named Angie Renee, offered oral sex to Etute, who agreed and met up with Smith under these pretenses for the first time on April 10, 2021. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Isimemen Etute stands at his preliminary hearing at Montgomery County Court House, Sept. 24, 2021. Let us know what's going on! I was upset with myself, even, because I never intended to harm anyone.. Chance of rain 60%.. Cloudy with occasional rain showers. 134 and a 2024 fifth-round pick to Minneso. Advocate on your favorite social platforms!Facebook 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. The man who hid the knife or this goofy, gullible kid?" Don't Threaten. The victim, he testified, partially undressed and assumed a position on all fours on the bed, exposing the buttocks. Keep it Clean. In the case of a felony arrest, the university has the authority to place a student on immediate interim suspension. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" The investigation revealed that Smith and Isimemen Etute who was charged with second degree murder in connection with Smiths death were acquaintances. 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. The motion argues that Jerry Smith died before the statutes went into effect, and they should not be allowed in this trial. The suspect, Isi Etute, appeared in court virtually Thursday from the Montgomery County Jail. This bill goes into effect July 1. 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. The autopsy report has revealed blunt force trauma to the head as the cause of Smith's death. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. Suspect in alleged sex-related killing enters not-guilty plea, (MATT GENTRY, The Roanoke Times | (AP Photo / The Roanoke Times, Matt Gentry, Pool)), Pedestrian on life support after being hit in SE Roanoke traffic, Aerosmith announces farewell tour starting in September, Person being treated after Bedford County barricade, Troopers make interesting find while cleaning highway, Proposed campaign wants to propel gun violence resources into the spotlight in Roanoke, Bridging the Great Health Divide Across the US, PublicFileAccess@wdbj7.com - (540) 344-7000. However, they cant use it as a justification. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Roem and Coughlin say judges are responsible for enforcing Virginias ban on the panic defense. The law of evidence at the time of the trial is what applies, not at the time of the offense, said Del. The second motion relates to the gay panic defense statutes that were passed by the General Assembly and went into effect in July 2021. Share with Us. The address on file for this person is 119 N Main St Apt 207, Blacksburg, VA 24060-3945 in Montgomery County. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Experts say it's already too late to use the panic defense, Glenn Youngkin and the 'Election Integrity' Myth in Virginia. Etute then decided to meet with Angie once more to determine this, Hite alleged, and the two met up on the night of May 31, 2021, in Smiths apartment. His body was discovered the following day, and Ismemen David Etute, 18, of Virginia Beach was arrested June 2. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. UPDATE 3:40 p.m.: Police in Blacksburg have identified the victim in Tuesday nights homicide. The Virginia Tech and Town of Blacksburg communities are united in our shared concern for the welfare of all. By then, the panic defense will be illegal in Virginia. Jerry was a restaurant manager and known as a polite young man throughout his life. Isimemen David Etute, 18, has been charged with second-degree murder. Get an email notification whenever someone contributes to the discussion. Check out never-before-seen content, free digital evidence kits, and much more! In that panic, their client assaulted or killed the victim. It was during their second encounter on May 31, 2021, that Etute discovered Smiths identity and allegedly killed him in his apartment on North Main Street in Blacksburg. The 18-year-old is charged with second-degree murder. The trial is expected to continue through Thursday. Sick Of Divisive Attacks On Schools? Notifications from this discussion will be disabled. The prosecution showed jurors several pictures of Smith's lifeless, bloodied body. PLEASE TURN OFF YOUR CAPS LOCK. Click this link right now: https://advocatechannel.com, From left: Ismemen David Etute and Jerry Paul Smith, Former College Football Player Accused of Killing Man He Met on Tinder, 26 Things Gay Sex Workers Want You to Know, 36 Pics of Inhibitions and Shirts Coming Off at Hebro's Jewbilee Party, 11 Homoerotic Ads, Covers From 20th Century Gay Artist J.C. Leyendecker, 21 Trans Icons You Should Know on Transgender Day of Visibility, 12 Photos Celebrating the Earth and the Male Form by Steven Menendez, Gay Model and Social Media Influencer Jeff Thomas Dead at 35, 30 LGBTQ+ Religious Saints Throughout History, Trans Flight Attendant Kayleigh Scott Has Died, Right-Wing Drag Queen Lady MAGA USA Now a 'Costume Artist', And Just Like That to Return This Summer, Gay Adult Store Attacked Again by Hammer-Wielding Masked Men, 7 Times White House's Karine Jean-Pierre Was a Total Badass, Transphobic, Anti-Semitic Flyers Found in Atlanta Neighborhood, U.S. If you need assistance or support, you are encouraged to reach out for help. The Blacksburg Police Department says 40-year-old Jerry Smith of Blacksburg, died in the incident. Fans wo. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Dr. Amy Marie Tharp, of the Roanoke Medical Examiner's office . 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. The charge for second-degree murder will now go to a Montgomery County grand jury to decide if Etute will be indicted. "That's not what led to the death. Thanks to our sponsors Become a Sponsor. Etutes lawyers also asked the court to disregard a 2021 Virginia law banning the so-called gay panic defense. BLACKSBURG, Va. (WFXR) Police in Blacksburg have charged a man with murder in connection with a Tuesday night homicide. The judge called upon three detectives as witnesses to share details of the encounter between Etute and Smith. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. House GOP Passes Bill That Would Take Food and Healthcare From Virginia Families, Politics Etute was emotionally distraught and started crying upon hearing the news of Smiths death. As Smith fell to the ground, Etute punched him five more times before stomping on him till he died. Political History, Black Youth Leader Says He Was Mistakenly Detained While Naked, New Jersey Librarian Files Federal Complaint After Being Fired for 'Gay Lifestyle'. The cause of death was determined to be blunt force injuries to the head. According to a. Jerry was a restaurant manager and known as a polite young man throughout his life. When voting for the bill in February, House members said it puts the victim on trial, rather than the suspect. The statutes state in part that a persons actual or perceived sex, gender, gender identity or sexual orientation is not in and of itself, or together with an oral solicitation, a defense to any charge of capital murder, first degree murder, second degree murder or voluntary manslaughter. Despite having made this request and made multiple references to Smith's "dishonest" ways, Turk denied that his defense of Etute amounted to gay or trans "panic." ruled Isi Etute is not guilty in the killing in 2021 of Jerry Smith in Blacksburg. Then jurors will decide whether or not Etute is guilty of second-degree murder. The prosecution contends statutes apply at the time of trial not the date of the alleged criminal offense. The city remained a mostly rural area, until the 19th century, when it saw its first industrial . Outside the courthouse, members of Smiths family gathered, some of whom were wearing T-shirts with Smiths face on them and text that read #Justice4JerryPaul. Doris May, Smiths aunt, claimed that Smith wouldnt hurt a flea and that he was always open about being gay. This fact was reiterated by another one of Smiths family members, Rebecca Snavely, who was appalled that Smiths 13-year-old nephew and Smiths brother were the first to find Smith after his death. The company's principal address is 110 Draper Rd Nw, Blacksburg, VA 24060-7402. Such defenses claim that the victim's gender, gender identity, or sexual orientation is a provocation to violence. Would PRIDE Act Help? The court has set September 23, 2021 as the date for Etute's preliminary hearing on the murder charge. $540,805. 1 for Business, but What About Workers? Were watching the victim being put on trial, said State Sen. Jennifer Boysko (D-Fairfax) during the Feb. 25 vote. 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. The Blacksburg Police Department says 40-year-old Jerry Smith of Blacksburg, died in the incident. Etute testified that he had seen Smith reach for a weapon, which Etute thought was a gun -- something Etute did not mention to police when he was arrested last year. A Virginia Tech spokesperson says Etute is the only football player who has been suspended from the team. If juries accepted it, the judge would instruct them to take it into consideration when deciding the defendants sentence. This material may not be published, broadcast, rewritten, or redistributed. But thats exactly the argument that the bill Northam signed in March outlawed. I was just shocked and in disbelief that someone had tricked me and lied to me.. Blacksburg Police continues to lead this ongoing investigation, and the university will assist law enforcement agencies working the case in any way it can. 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. that is degrading to another person. Etute, a Virginia Tech student and athlete, has been placed on interim suspension, effective immediately. New 7 days ago. Etute is currently being held at the Montgomery County Jail without bond. The following days, Etute cut off all communication with Smith, suspicious if Angie really was a woman. A first degree murder charge drops down to second degree murder and in some states, its the difference between a death sentence and life in prison. Sort: new. 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. In a June 9 hearing, prosecutors said Etute, who was at the time a linebacker on the college's football team, told police he punched Smith several times in the face after learning they were not anatomically female. UPDATE 6 p.m.: WFXR News has learned that Isimemen Etute has been scheduled for a hearing in Montgomery County District Court on Thursday. Etute is charged with second-degree murder in connection to the death of 40-year-old Jerry Smith of Blacksburg back . Details. That's just wrong.". The legal strategy is thought to secure more lenient sentences for defendants who claim their violent acts were a response to learning a victim's sexual orientation or gender identity. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. . Instagram That has been an issue here in Virginia previously. The trial. And by the time Etutes case goes to trial, the court will no longer accept it. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. A two-time Virginia Press Association awards winner, Megan is a hard-hitting journalist with an interest in using journalism to uncover inequities and hold public officials accountable. We're always interested in hearing about news in our community. They met on Tinder, and Etute believed Smith was a woman named Angie. Copyright 2022 WDBJ. Threats of harming another All rights reserved. He previously spent time with Angie and engaged in oral sex with them on April 10. Looking for something special to get your mom for Mothers Day? His court-appointed attorney, Naomi Huntington, has been replaced by Jimmy Turk, who has represented other Hokie athletes in criminal matters. Use the 'Report' link on Copyright 2023 Nexstar Media Inc. All rights reserved. (Dpartement Isre, Rgion Auvergne-Rhne-Alpes) Etutes family exited out the back of the courthouse and declined to comment. On the night of April 10, Etute went to Smiths apartment which was very dimly lit and engaged in an act of sexual nature. Saying identification could pose a risk of retaliatory physical and mental harm to the witness.. A knife was found sandwiched between the boxspring and mattress on the side of the bed where Smith was found. In addition, Etute, a member of the football team, has been suspended from the team, effective immediately. Dont target or lure anyone under that perception. You have permission to edit this article. The defense filed a motion to allow some witnesses to remain anonymous because they had similar encounters with Smith. This wasnt a first-time meeting. Field Yates of ESPN reported that Kansas City sent pick No. He claimed Etute didnt know Smith was not anatomically a woman in their first encounter. He said the two had video-chatted the night Jerry Paul Smith was killed and was concerned after he hadnt answered a follow-up call the next morning. He later beat Smith to death. Cloudy with occasional rain showers. The legal strategy asks a jury to find a defendant less culpable because they were provoked after discovering a victims sexual orientation or biological sex. Instagram When he returned to the the darkened Blacksburg apartment on May 31 for what Angie believed would be another sexual encounter, Etute allegedly told detectives, he used his phone flashlight to illuminate her face and discovered she was a man. MONTGOMERY COUNTY, Va. (WFXR) On the third day of the murder trial for Isimemen Etute the former Virginia Tech football player charged in connection with the death of Jerry Paul Smith last year the defense rested their case, which means two hours of closing arguments are set to begin Friday afternoon. But, as. 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. Winds W at 10 to 15 mph. "Don't target or lure anyone under that perception. "I don't believe that [the new law] would have been applicable to the facts of this case anyway," he told Virginia Public Media. Etute had pleaded not guilty to second-degree murder for the blunt force trauma death in 2021 of Jerry Smith. Twitter Advocate on your favorite social platforms!Facebook Apartment in Saint-grve, Auvergne-Rhne-Alpes, France. The 19-year-old is accused of fatally beating Jerry Paul Smith, 40, after the two met on Tinder in May 2021. . Smith was described to be wearing a dress and a coat. Police found Smith in his apartment during a welfare check.

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