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Turks remarks prompted waves of comments online and elsewhere. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. Etute was arrested on June 2 and charged with second-degree murder. Etute then claimed he got up, stood next to the bed and asked Smith "Why didnt you tell me?" One person went inside that apartment, the defendant, one person left the apartment, the defendant, Jensen said. "Etute heard 'bubbling and gurgling' as he left the apartment but didn't call the police. Sign up for our newsletter to keep reading. You can cancel at any time. 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. It certainly is one that could be investigated as a possible federal hate crime, said Brian Levin, a law professor at California State University and director of the schools Center for the Study of Hate and Extremism. 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. Staff writers Neil Harvey and Mike Niziolek contributed to this article. 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. The prosecuting attorney, Patrick Jensen, also declined comment, referring questions to his boss, Commonwealths Attorney Mary Pettitt. 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. 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. 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 pair met, at which time Smith reportedly gave Etute oral sex. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more! Jurors will be tasked with deciding whether or not the defendant acted in self-defense, as he doesn't deny killing 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. 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. 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. Smiths body was discovered in his apartment the following day, Blacksburg Police said in arelease. According to Tharp, the fluid was evidence of Smith inhaling his own blood after the attack. Etute then voluntarily got on the courtroom floor for jurors, showing how he says he beat Smith by using a tissue box to represent the victims head, according to the Times. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). Joe Cobb is a member of the Roanoke City Council. 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. Get up-to-the-minute news sent straight to your device. 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. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! Jurors were told Etute killed Jerry Paul Smith in self-defense . I feel like Ive let a lot of people down. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. 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. 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. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. It appears that Smith lived as a man during his day to day life, including at work, as his family refer to him with male pronouns, however he had multiple social media accounts where he posed as his alter ego, a woman named Angie.Etute did not discover Smith was a man until they met again on May 31 for a second sexual encounter at Smiths apartment. 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. Brian McGinn, a spokesman for the Roanoke-based U.S. attorneys office, declined to comment when asked about the case Thursday. 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. Turk made an impactful 45-minute closing statement and implored the jury to put themselves in Etutes shoes on the night of May 31. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. Etute and his parents who left the courtroom through a back exit didnt have a statement to make at this time, according to Turk. The Virginia Tech linebacker charged with second-degree murder was granted bond during a hearing Wednesday morning in Montgomery County General District Court in Christiansburg, Va., as reportedly sordid details emerged surrounding the case.Isimemen David Etute, 18, was arrested on June 2 and charged in the death of Blacksburg, Va., restaurant managerJerry Paul Smith after allegedly punchingand stomping the 40-year-old multiple times on May 31. 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The linebackers parents and sister attended Wednesdays hearing, as well as a dozen Virginia Tech football players, most of whom were wearing team gear, according to the report. Friends and family for both Etute and victim Jerry Paul Smith filled the . The Virginia Tech linebacker (pictured) allegedly stomped a man to death during a Tinder date after he discovered his date had been posing as a woman named 'Angie', Etute's mother (pictured left) told the court her son is not a flight risk and had never been in any trouble before, 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. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Stressful start to National Offer Day? 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. In an email earlier this year to the Senate Judiciary Committee in support of HB 2132, Carsten Andresen, a Texas criminal justice professor, said there have been at least eight cases in Virginia in which defense attorneys used gay and trans panic arguments. Smith, he testified, chuckled, reaching for Etutes crotch with one hand and down the side of the bed with the other. Get the latest in local public safety news with this weekly email. I did prepare him for the worst before today. No cause of death has been released. Etute, a freshman on . Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. The victim, he testified, partially undressed and assumed a position on all fours on the bed, exposing the buttocks. 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. If it was a man, I was just going to run out, Etute testified. Following the revelation, Etute punched Smith in the face five times before he fell to the ground. 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. 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. Tags NCAA What people . Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. Thats just wrong.. After the hearing, Turk said, Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. CASEY: Some head-turning words by Rep. 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He has been a reporter for The Roanoke Times for more than three decades. The police searching Smiths apartment found a knife hidden between the mattress and box spring in the spot where Etute alleged the attack took place. Former Virginia Tech football player Isi Etute was found not guilty of second-degree murder Friday in the 2021 death of Blacksburg native Jerry Paul Smith at the Montgomery County Court in . 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. 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 was a restaurant manager and 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. Thats just wrong.Isimemen Etute was released on $75,000 secured bond per Judge Randal Duncans ruling and placed under house arrest with electronic monitoring, Commonwealths Attorney Mary Pettitt said in a release. 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Isimemen David Etute and defense attorney Jimmy Turk hug at the conclusion of the trial in Montgomery County Circuit Court in Christiansburg earlier this year. 69-year-old suffers stroke in his N.C. home; Realtor showing house leaves him there. Jerry was a restaurant manager and known as a polite young man throughout his life. 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. Smith was left bubbling and gurgling on the floor of his home, according to what Etute told police, Morgan said. A Montgomery County judge certified on Sept. 23 a charge of second-degree murder of Blacksburg resident Jerry Paul Smith against Isimemen David Etute, suspended Virginia Tech football player. Fleenor said the instruction would have applied in this case, but the law wasnt in place until July 1 and didnt apply retroactively. Absolutely horrific, Roem tweeted. By continuing to use our site, you agree to our Private Policy and Terms of Use. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. Family handout Etute, who will stay with his parents in Virginia Beach, is due back in court on Sept. 23, WJZY reported . 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. 'Nobody deserves to die, but I don't mind saying, don't pretend you are something that you are not,' Etute's attorney, James Turk, told reporters outside of court on Wednesday. Etute believed that the person he had hooked up with was a woman named Angie. 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? All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. Smiths family quickly left the room. Everything he (Smith) did was evil, Turk said, in his closing statement. Trans people do not owe anyone disclosure about their upbringing, their anatomy, or their past.. 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. Im not in shock because its the right verdict, but always wondering and worrying about whether you convinced 12 people, Turk said. Please subscribe to keep reading. It would have been applicable, but this (ruling) is purely procedural, Fleenor said. Smith was found dead the next day, having sustained multiple blunt force traumas to his face and head. Mike Gangloff covers crime, breaking news and courts in the New River Valley. 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. Etute lifted his defense attorney Jimmy Turk off the ground in a bear hug with both of them crying. Killing of Jerry Paul Smith called 'irrational,' Isi Etute defense called discriminatory. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. According to the autopsy, all the bones in Blacksburg resident Jerry Paul Smith's face were broken, his teeth were missing and he had multiple cranial fractures. She also told the court her son would help take care of his younger sister with special needs. 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