Businessman Jerry Smith was found . The gallery reacts at the conclusion of Isimemen David Etute trial in Montgomery County Circuit Court in Christiansburg on Friday. Jerry Paul Smith of Blacksburg, Va., was beaten to death May 31. In the aftermath of Virginia Tech linebacker Isi Etute's arrest and second-degree murder charge, authorities have now revealed the official cause of death for Jerry Paul Smith, the 40-year-old . 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. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). . 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. All of the bones in his face were broken and his teeth were also missing, the Roanoke Times reported. The charges are a footnote to mistaken-gender killing, of which Isimemen David Etute was acquitted. In anobituary, Smith's family remembered restaurant manager whose nephews nicknamed 'Gigi' as a 'polite young man throughout his life'. Businessman Jerry Smith was found . Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. 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. Jimmy Turk, Etutes attorney, insisted that his client was lured and suggested that there were mitigating circumstances relating to Etute's culpability. 1 ranking in country, Radford coach Darris Nichols apologizes for DUI. US firms waiting in the wings read to pump 'billions Parents' fury as schools STILL won't tell them if they are closed tomorrow as teacher strikes continue. 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. On Friday, Roem said it's her understanding that because the trial will begin after the new law goes into effect next month, it will apply when Etuti's case reaches the courts. Smith's body was discovered in his apartment the following day, Blacksburg Police said in arelease. Theyd look to his statements about this incident, other comments he may have made about sexual orientation or other manifestations of bias that would prove that his violence against this victim was motivated by such bias rather than some other issue, Heaphy wrote in an email. The gay/trans panic offense was recently struck out of Virginia law so regardless of any other details surrounding what happened, if he was beaten to death this should still be tried as murder. The linebackers team profile was not active Thursday. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry . It appears that Smith lived as a man during his day to day life, including at work, and his family referred to him with male pronouns. 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. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Nebraska cheerleader competes by herself at state competition, but crowd doesn't let her feel alone, Last of 13 Radford University 'frat brawl' defendants is sentenced, Richmond's John Marshall boys basketball reclaims No. The medical examiner says Smith died from blunt force injuries to the head . You have permission to edit this article. Applebaum, 2013 WL 286230 (4th Cir. Closing arguments were expected to take place Friday, after Turk calls more witnesses, according to the Times. Smith was let go recently from the management team at the Black Hen and Bar Blue in Blacksburg. Sign up for our newsletter to keep reading. Rand Paul was vindicated this week regarding COVID. Virginia Tech freshman Ismemen David Etute, 18, who was a linebacker on the football team, was arrested Wednesday . Defense attorney Jimmy Turk leaves the courthouse with the Etute family in Christiansburg in June. 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. Etute is charged with second-degree murder. 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. Etute also told police that Smith did not fight back, WSLS.comreported. 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. Crime News is your destination for true crime stories from around the world, breaking crime news, and information about Oxygen's original true crime shows and documentaries. Jensen pointed out the differences in his statements and possible moments where he could have simply left Smiths apartment May 31. 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. 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. In some cases, Levin said, a federal hate-crimes prosecution can go beyond what state laws cover. Edit: And for more proof that "Angie Renee" and Jerry Smith are the same person, the laptop with the Vineyard Vines sticker on "Angie's . It can cover both assaults and murders, and is punishable by 10 years to life in prison. This is horrific. Samantha Rosenthal, associate professor of history at Roanoke College and co-founder of the Southwest Virginia LGBTQ+ History Project, wrote in an email Thursday: Regardless of the victims gender identity, the comments by Etutes attorney demonstrate that the defense intends to use transness as an issue in this case. Etute told prosecutors that after learning Smith was not anatomically female, he beat them. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. An autopsy report revealed Smith died from blunt force trauma to the head, the Richmond-Times Dispatch reported. A Celebration of Life Service will be held at 2p.m. Czernicki also testified to finding impressions of a shoe on Smiths face that would have required at least two blows. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. 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. Dont target or lure anyone under that perception. In April, Gov. She also told the court her son would help take care of his younger sister with special needs. on Saturday, March 4, 2023, at St. Paul Independent Lutheran Church at Moyers with Pastor Jerry Smith officiating. "Etute told the police he punched Smith five times in the face and continued punching the victim when they hit the ground and 'stomped' on them," the Times reports. 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. Born May 18, 1981, in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. Jurors had to stand from the panel to watch the demonstration. 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. 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. Staff writers Neil Harvey and Mike Niziolek contributed to this article. He took the guys hoodie, they looked at each other and the guy reached for him and he swung at him, Brunson said. 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. Etute is on suspension from Virginia Tech and its football team during the investigation, the Associated Press reported. You can only imagine the feelings of someone they have been found not guilty and no longer have that on their shoulders, how that would feel. 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. 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. According to Tharp, the fluid was evidence of Smith inhaling his own blood after the attack. 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.. 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. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). 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. 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. was indicted by a Montgomery County grand jury in the murder of restaurant manager Jerry Paul Smith on Tuesday, The Roanoke Times reported. A suspended Virginia Tech football player accused of killing a gay man . Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. 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. Jerry Paul Smith. The prosecution maintained it was a straightforward case to the jury throughout the trial with crime scene photos jurors saw multiple photos of Smiths dead body lying at the foot of his bed including close ups of his bloody face as well as details from Smiths autopsy that highlighted what a one-sided assault it was. Who would be more likely to resort to violence? 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. At the hearing in Montgomery County General District Court with more than a dozen Hokie football players in attendance, Judge Randal Duncan heard a prosecutors statements that Etute told police he went to Smiths downtown apartment to engage in sexual activity. 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. 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. Etute, a freshman on Virginia Techs football team until his arrest, at which point he was suspended, faces a second-degree murder charge. The facts for the most part in this case are not contested, Jensen said, in his closing statement. Etute was arrested on June 2 and charged with second-degree murder. Police say they arrested Etute after finding 40-year-old Jerry Paul Smith's body on June 1 during a welfare check. Sign up now to get the Washington Examiners breaking news and timely commentary delivered right to your inbox. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. He punched him at least five more times and stomped on him, Commonwealth Attorneys told the court. This is one of the proudest moments Ive ever had as a lawyer, Turk said. Link your TV provider to stream full episodes and live TV. A spokeswoman for the FBI has said the agency is assisting in the investigation. 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. Jerry was a restaurant manager and known as a polite young man . Etute testified in court that Smith reached for what he thought was a gun under the mattress, but didnt mention that fact when originally questioned in 2021. Smiths family attended the packed hearing as well as more than a dozen of Etute's teammates, the Richmond-Times Dispatch reported. 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. Meie, Yahoo, kuulume Yahoo kaubamrkide perre. The defendant told the court he believed he bruised [Smith] up a little but was surprised to learn from police that the victim had died. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Im trying to stay strong for the people that support me, I feel like Ive let a lot of people down. Thats just wrong.. At a time when were seeing record-high violence against our gay and transgender neighbors, I think the federal government can essentially make a policy statement that these kinds of cases should be prosecuted, he said. The most recent instance he cited was in Norfolk in 2011, after 18-year-old Deandre Moore fatally stabbed Jacques Cowell, 20. Ismemen David Etute, 18, told cops he went to the Blacksburg apartment of 40-year-old Jerry Smith in April for oral sex after matching up with someone named Angie on Tinder, the Roanoke Times reported. The move drew an immediate objection from the prosecution, since Ehis Etute wasnt among witnesses submitted to the court by the defense during the pre-trial phase. Etute, a member of Virginia Tech's 2021 recruiting class, was suspended from the team . His family asked that donations be sent in Jerry's honor to St. Jude's Children's Hospital in lieu of flowers. In 2019, Etute helped his Virginia Beach high school Frank W. Cox to a 6-5 record and a junior in a Virginia Class 5A first-round playoff appearance, according to 247sports. Virginia Tech freshman football player Isimemen Etute was arrested and charged with second-degree murder Wednesday. This is about preventing murder and assault," Roem added. Get up-to-the-minute news sent straight to your device. CHRISTIANSBURG Former Virginia Tech football player Isimemen Etute was found not guilty Friday in the beating death of Jerry Paul Smith following a three-day trial in Montgomery County Circuit 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. SUSPECT CHARGED WITH MURDER OF YOUNG BOY IN CALIFORNIA ROAD RAGE SHOOTING. Turk told the jury that the defense was unaware police detectives didnt disclose finding a knife until June 17. Etutes next court appearance is scheduled for July 23. 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