Panic Defense Comes Up in Blacksburg Case. Isn't It Banned 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. Let us know what's going on! 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. Virginia Tech football player told police he beat Tinder match to death During the investigation, police say Isimemen Etute a linebacker with the Virginia Tech Hokies was identified as a person of interest and was later charged with second degree murder. The 19-year-old is accused of fatally beating Jerry Paul Smith, 40, after the two met on Tinder in May 2021. . A motions hearing will be held on May 23 at 2 p.m. for a judge to decide how the motions will move forward. La mairie de Saint-Martin-le-Vinoux est situe au sud-est de la France dans le dpartement Isre l'adresse postale : La mairie est gre par Monsieur le maire Sylvain LAVAL qui a pris ses fonctions de maire le 18/5/2020 suite aux lections municipales 2020. Once Etute shined his phones flashlight on Smiths face which revealed facial hair and his identity as a man, Etute punched Smith in the face five times and stomped on his head with his foot before leaving. Hite testified that as Etute left, he claimed to hear gurgling noises coming from Smith, who was left lying unconscious on his frontside on the floor space between his wall and bed. But Etute became so agitated that he began punching Smith, according to information presented by Morgan and by defense attorney Jimmy Turk. He returned to Smith's apartment May 31, realized Smith was a man, and flew into a rage. About a dozen states have adopted such laws. Blacksburg Police have announced the arrest of a Virginia Tech student in connection to the death of a Blacksburg resident early Wednesday morning. In previous court hearings, Etutes attorney, Jimmy Turk, provided some details about the apparent link between the suspect and the victim. Following a sexual encounter at Smith's apartment in Blacksburg, Etute discovered Smith was not an anatomical woman and proceeded to punch them multiple times. You have permission to edit this article. Contact. The trial is expected to continue through Thursday. That means this bill will be in effect, in full effect, by the time of the trial. If you need assistance or support, you are encouraged to reach out for help. Jurors had to stand from the panel to watch the demonstration. Winds W at 10 to 15 mph. The commune was created around 1100 where the church of St. Martin was located. (Dpartement Isre, Rgion Auvergne-Rhne-Alpes) The defense filed a motion to allow some witnesses to remain anonymous because they had similar encounters with Smith. Thats illegal to do [now]. The medical examiner said he died of blunt force trauma, and the autopsy report revealed that every bone in his face was broken, he had missing teeth and he'd sustained multiple facial fractures, according to the paper. 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. According to the Blacksburg Police Department, officers responded to 119 North Main Street for a welfare check at 10:30 p.m. on Tuesday, June 1 and found a dead man at the scene. The first asks that one of the witnesses is allowed to remain anonymous. View the profiles of people named Jerry Paul Smith. Jerry Paul Smith is listed as an Agent with Vivid Affairs LLC in Virginia. This spring, Le Creuset has introduced an exciting new shade thats already selling fast: shallot, a soft lavender with pink and slight gray undertones. The video footage was shared exclusively with us from the property owner of the victims apartment; the owner would like to remain anonymous. ", Jensen also advised jurors, "If you find this was in the heat of passion, you shouldn't find him guilty of second-degree murder, the crime would be voluntary manslaughter, but what I'm telling you is this was not self-defense.". This wasnt a first-time meeting. The autopsy showed all the bones in Smiths face were broke and they had several fractures in their skull. Etute also has a July 22 hearing in Radford, where he faces driving charges that stem from Memorial Day: he was driving a 2019 BMW SUV and was pulled over at 4 p.m. for reckless driving and failing to obey a stop sign according to court records. Hes just not going to be able to argue that [it] gives him a recognized legal defense, said UVA School of Law Professor Anne Coughlin. Weve blurred their faces until police confirm their identities and if they are looking for additional suspects in the murder of Smith, who was found dead, the victim of blunt force head injuries, the night of June 1. Get an email notification whenever someone contributes to the discussion. Smith's family wore shirts with Jerry's face on them. The student arrested is Isimemen Etute of Virginia Beach, Virginia, a freshman majoring in human development. The autopsy report has revealed blunt force trauma to the head as the cause of Smith's death. Isimemen Etute found not guilty of second-degree murder - WFXRtv Nobody deserves to die, but I dont mind saying, dont pretend you are something that you are not. An arraignment was held Thursday. A Virginia man has been acquitted of murder after using what amounted to a gay/trans "panic" defense, outlawed in the state just a month after the victim's death. Jerry was a restaurant manager and known as a polite young man throughout his life. According to Hite, Etute and Smith met up for the first time on April 10, 2021. Without a declaration from the deceased regarding their pronouns, name or gender identity, VPM News will refer to the victim as Smith or they/them. Jerry Paul "Gigi" Smith (1981-2021) - Find a Grave Memorial Instagram His court-appointed attorney, Naomi Huntington, has been replaced by Jimmy Turk, who has represented other Hokie athletes in criminal matters. Now, judges have to be clear the Commonwealth does not recognize that defense. La mairie de Saint-Martin-le-Vinoux est situe au sud-est de la France dans le dpartement Isre l'adresse postale : Mairie - Saint-Martin-le-Vinoux 40 avenue Gnral-Leclerc 38950 Saint-Martin-le-Vinoux. 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. Monsieur Sylvain LAVAL qui est la tte d'un conseil municipal compos de 29 lus municipaux saint-martiniers est ag de 38 ans et dont la profession est Personnes diverses sans activit professionnelle de moins de 60 ans (sauf retraits). A Virginia Tech spokesperson says Etute is the only football player who has been suspended from the team. Create your free profile and get access to exclusive content. Blacksburg police found Jerry Paul Smith dead in his North Main Street apartment on June 1. Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. To their family and co-workers, Angie was known as 40-year-old restaurant manager Jerry Paul Smith. Etute has been charged with second-degree murder. Former Virginia Tech LB Isimemen Etute found not guilty on murder 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. Born May 18, 1981 in Montgomery County, VA, he was the son of the late Jerry Wayne Smith and Sandra Cumbee Smith. He then pulled back his partner's sweatshirt hood, turned on his phones flashlight and discovered his partner had a mans facial hair. Witnesses have been identified and interviewed, and are cooperating with the investigation, police say. accounts, the history behind an article. New Group Aims To Refocus School Boards On Students, Real Education Policy, Economy Jerry was a restaurant manager and Check out never-before-seen content, free digital evidence kits, and much more! "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. They did, however, orchestrate a trade-up with the Minnesota Vikings. 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. Jury trial scheduled in Tinder-related Blacksburg murder involving Victim identified in Blacksburg homicide; Hokies linebacker - WFXRtv But what about after this case? Exclusive footage shows comings and goings at murder victims home, 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. The investigation revealed that Smith and Isimemen Etute who was charged with second degree murder in connection with Smith's death were acquaintances. By continuing to use our site, you agree to our Private Policy and Terms of Use. The Virginia Tech and Town of Blacksburg communities are united in our shared concern for the welfare of all. Etutes lawyers also asked the court to disregard a 2021 Virginia law banning the so-called gay panic defense. And by the time Etutes case goes to trial, the court will no longer accept it. The Blacksburg Police Department says 40-year-old Jerry Smith of Blacksburg, died in the incident. Isimemen David Etute, 18, has been charged with second-degree murder. The second motion relates to the gay panic defense statutes that were passed by the General Assembly and went into effect in July 2021. Thats just wrong, Turk said. Jerry Smith in Blacksburg, VA - Bizapedia Profile The prosecution contends statutes apply at the time of trial not the date of the alleged criminal offense. I was upset with myself, even, because I never intended to harm anyone.. "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. Check out the all NEW Advocate Channel! Megan Schiffres Etute said that he accompanied Angie to the darkened bedroom and, after a period of time, asked to have sexual intercourse. On the night of April 10, Etute went to Smiths apartment which was very dimly lit and engaged in an act of sexual nature. The commonwealth and defense attorneys are now working to agree on the number of witnesses the defense can bring to the trial. Dr. Amy Marie Tharp, of the Roanoke Medical Examiners office, testified Smith died of blunt force trauma, that nearly all of their facial bones were broken and that they had bleeding and swelling of the brain. Nigerian-American Man Beats "Lover" To Death After Realizing She Was A The law should be disregarded, Etutes lawyers argued, because it didnt go into effect until July 1, about a month after the incident. Following a sexual encounter at Smiths apartment in Blacksburg, Etute discovered Smith was not an anatomical woman and proceeded to punch them multiple times. The Commonwealths Attorney says the two first met April 10 for oral sex, and Etute didnt realize Smith was a man until they met again May 31. All rights reserved. Former College Football Player Accused of Killing Man He Met on Tinder Gay/Trans 'Panic' Defense Leads to Accused Killer's Acquittal 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. According to a report by Daily Mail, Etute matched with Smith on Tinder but Smith's profile indicated he was a woman named 'Angie,' Etute's attorney James Turk said. Theyll also have to tell them not to let that argument sway their sentencing decision. All rights reserved. Virginias No. Turk also refused to comment. This reminds me very much of the rape shield act, where a woman was asked what her sexual history was as part of the defense argument. His teeth had also been knocked out. MATT GENTRY, The Roanoke. Lawyers have used the plea eight times since 1986 and it can be successful. Tax Code Causes Problems For LGBTQ Couples, New THC Laws to Take Effect in Virginia July 1, Sick Of Divisive Attacks On Schools? Victim's brother, medical examiner take stand in first day of Etute or anything. The defense, however, argues that the ban did not go into effect until after Etute committed his alleged crimes. The judge called upon three detectives as witnesses to share details of the encounter between Etute and Smith. June 22, 2021 4:06 am EDT. Suspect in alleged sex-related killing enters not-guilty plea - WDBJ Jerry Paul Smith, 40 known as Gigi by his nephews of Blacksburg, VA departed this life, June 1, 2021, at his home. Police found a knife hidden under Smith's mattress, leading Turk to say, "Who would be more likely to resort to violence? Judge Mike Fleenor has yet to rule on the defenses motion but said he would do so before jury deliberations. Jimmy Turk, Etutes defense attorney, stated that Etute was not aware of Smiths death until the next day when he was called in by the police to talk. Those in the Virginia Tech community who need assistance or counseling support may contact: Cook Counseling Centerat 540-231-6557. Apartment in Saint-grve, Auvergne-Rhne-Alpes, France. I felt violated, Etute testified, according to the Times. $538,017. If juries accepted it, the judge would instruct them to take it into consideration when deciding the defendants sentence. UPDATE 3:40 p.m.: Police in Blacksburg have identified the victim in Tuesday nights homicide. In that panic, their client assaulted or killed the victim. BLACKSBURG, Va. (WDBJ) - Surveillance video shows three people leaving quickly from Jerry Smiths Blacksburg apartment May 31. An arraignment was held Thursday for former Virginia Tech football player Isimemen Etute, accused of killing Jerry Paul Smith. Winds W at 10 to 15 mph. Dean of Students Officeat 540-231-3787. Etute had entered Virginia Tech at midterm and participated in training with the football team. Czernicki said that he was able to confirm Smiths identity upon first seeing him because of having at least four previous encounters with him through Czernickis work. Notifications from this discussion will be disabled. Etute, a linebacker with the Virginia Tech Hokies, is currently being held in the Montgomery County Jail without bond. When attorneys use the panic defense, they claim a violent panic came over their clients after learning someones gender identity or sexual orientation. The Commonwealths Attorney says Etute punched Smith five times in the head, making Smith fall, at which point Etute stepped on Smiths head. The second witness was Detective Mike Czernicki, who conducted part of the investigation at the scene of the crime and attended the victims autopsy. Be Proactive. Check out the all NEW Advocate Channel! But, as. UPDATE 4:20 p.m.: Virginia Tech has issued a statement on the arrest of Isimemen Etute, a linebacker with the Virginia Tech Hokies, who has been charged with second degree murder. La mairie de Saint-Martin-le-Vinoux est dirige par Monsieur le maire Sylvain LAVAL et administre par un conseil municipal de 29 lus Saint-Martiniers : Adresse, horaires d'ouverture, localisation, services, maire de Saint-Martin-le-Vinoux et les conseillers municipaux Saint-Martiniers, (Dpartement Isre, Rgion Auvergne-Rhne-Alpes), Calculer l'itinraire et la distance en dpart et destination de la ville de Saint-Martin-le-Vinoux, Ouvriers non qualifis de type industriel, Professions intermdiaires de la sant et du travail social, Chefs d'entreprise de 10 salaris ou plus, Professions intermdiaires administratives de la fonction publique, Personnels des services directs aux particuliers, Professions de l'information, des arts et des spectacles, Cadres administratifs et commerciaux d'entreprise, Personnes diverses sans activit professionnelle de moins de 60 ans (sauf retraits), Ingnieurs et cadres techniques d'entreprise, Professions intermdiaires administratives et commerciales des entreprises. Megan Schiffres, Originally Published The investigation revealed that Smith and Isimemen Etute who was charged with second degree murder in connection with Smiths death were acquaintances. Isimemen Etute says he thought Jerry Paul Smith was a woman when they met for sex. Etute appeared in Montgomery County General District Court in Christiansburg Wednesday. Officers say that they do not believe there is an ongoing threat to the public. Facing Growing Extremism in Denying Care to Transgender People: Report, The Rich Queer History of American Drag Queens, Colorados Gay Governor Signs Gun Control Bills Into Law in Wake of Club Q Shooting, Montana Governor Signs Gender-Affirming Care Ban Despite Nonbinary Son's Pleas. Heres where the panic defense comes in. 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 trial. A jury trial is scheduled to begin May 25 at 9 a.m. Smith, 40, was found dead in his apartment June 1. Share with Us. If it was a man, I was just going to run out, Etute testified. Etute explained that he groped his partner, including trying to reach around for the genitals, and something felt off to him. Isimemen Etute, 19, stands accused of the 2021 murder of Jerry Paul Smith, 40, who Etute met under the name "Angie." (Smith's family has identified the victim . transgender and non-conforming people killed in 2021. 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. Were watching the victim being put on trial, said State Sen. Jennifer Boysko (D-Fairfax) during the Feb. 25 vote. Virginia Tech football player accused of murder appears in court BestReviews is reader-supported and may earn an affiliate commission.