A court in Virginia this week heard evidence that a suspended Virginia Tech football player punched and stomped on a sexual partner in an attack that left the victim dead. Ismemen David Etute, 18, claims he attacked the victim after realizing he was a man.
Jerry Paul Smith, 40, died May 31 from injuries sustained in the beating. The Roanoke Times reports that an autopsy found that Smith died from blunt force trauma to the head. All the bones in his face were broken, he lost teeth, and he sustained several cranial fractures.
Friends and family all say Smith identified as a gay man.
Related: Oregon becomes 14th state to ban gay/trans panic defense in murder cases
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According to statements made by Etute to police, he first met someone by the name of “Angie” on the dating app Tinder. The pair first met up for oral sex on April 10. On May 31, Etute agreed to meet up for sex again, when he discovered his partner was actually a man. Upon his realization, Etute punched Smith repeatedly until he hit the ground and stomped on him. He left the victim on the ground and did not call for an ambulance. Etute also told police that Smith did not physically assault him.
“I’m trying to stay strong for the people that support me, I feel like I’ve let a lot of people down,” Etute told the court. “I’m truly sorry for my actions.”
Defense lawyer Jimmy Turk tried to shift blame from Etute in a statement to reporters following the hearing.
“Nobody deserves to die, but I don’t mind saying, don’t pretend you are something that you are not,” Turk said. “Don’t target or lure anyone under that perception. That’s just wrong.”
Police arrested Etute on June 2 and charged him with murder. In a Montgomery County courtroom this week, prosecutors argued against granting Etute bail. Judge Randal Duncan eventually approved a $75,000 secured bond. Etute will remain under house arrest and electronic monitoring. Virginia Tech also suspended him from both the football team and the university.
Estute faces charges of second-degree murder in connection with the case. If convicted, he could face up to 40 years in prison.
Chrisk
I don’t think any amount of makeup is going to make Smith look like a real woman. Either this dudes a complete moron or there’s more to the story.
At any rate that goes beyond just killing somebody. He completely destroyed the guy. I’d say he liked it more than he’d like to admit. Inner turmoil and all.
Polaro
They had sex once before and this happened on the next “date”. This guy is either a huge liar, or the dumbest MF around.
Cam
Liked it the first time, went back and the self hate got to be too much maybe?
Because yeah, I’m really not thinking that guy could fool many.
Godabed
there is a whole gay porn industry built around tricking straight dudes. First and foremost don’t f*cken do it. Secondly he didn’t have to wear makeup simply make a gloryhole and they never have to see each other. There were several high profile cases about gay men getting caught catfishing straight dudes and filming it.
The gay defense is real, it’s been a around a long time. If you have a straight boy fetish they are on the apps get one of them. Don’t do the baiting BS. It’s not okay.
He shouldn’t have killed him, but Smith was wrong and stupid and shouldn’t have been playing those types of games at 40.
Leo
Smith? Cat fish? Not in this reality. Guy knew what he was getting into. Def a hidden reason for the murder.
barryaksarben
GODABED is a fuking troll idiot. There is NO AMOUNT of makeup available to make that murdered man look like a real woman.. There may be gay guys who like straight guys but there is no straight man alive who thinks straight women are on line looking to blow random men. MOST state have passed laws denying the use of gay panic or trans panic as a defense for murder. MURDER IS MURDER. If you buy a car online and it is a lemon does not in any way allow you to kill the person who fooled you
Cam
@Godabed
The same old troll trying a new screenam to attack LGBTQ people, blame the victim of a murder and excuse people attacking others.
bsg1967
Lots of “I” statements blamed the victim, no real remorse. Rote in hell
G-Man
I agree I hope he rots in jail there is no excuse for his behavior.
Louis73
“I know inlet people down”… letting people down is when you lose a game not murder someone.
Jon in Canada
He’s a homophobic rabid dog, put him down.
RyanMBecker
The attorney said, “Nobody deserves to die…” But I guess he thinks beating someone to a pulp is okay.
GayEGO
Estute should be convicted, he is a homophobe!
Larry
Wow such a surprise he doesnt go to the U of Florida or Florida State!!
barryaksarben
And MIss Terri is here “sighing” or Lauging or saying Hi-LAR-ious which is truly stupid but hey a troll is a troll. If anyone cared about this trumjpie he wouldnt have to spend his entire worthless life trolling gay websites. Every single time I stop in here she is here. I swear she NEVER leaves her keyboard. Poor thing has no life. The saddest thing about ms terri is she uses three different screen names because she is too stupid not to show here hand in everything she writes. Like a teenager using the same slurs over and over til no one notices. Her pathetic life would matter to no one. Even her tin god trump never sees her posts and doesnt know she exists. she is howling into the wind with as much response
MissTerri
Shocking!!!!!!!!!!!!
Hdtex
Tedious!!!!!!!
MissTerri
Hi-LAR-ious!!!!!!
rickywintour
Begone foul wench!
Cam
Nothing gives the right wing troll more joy than when an LGBTQ person is attacked or murdered.
Because that’s your end goal, get Republicans elected so they can harm us.
Fahd
His lawyer’s remarks signal “trans-panic” defense, but Virginia banned the gay-panic/trans-panic defense earlier this year. I assume (hope) the new law will apply to the trial here. He appears to have admitted it was not self-defense… Perhaps the victim did not act in an exemplary fashion, but I can’t see the remotest justification for his murder.
Under the circumstances, a bail of $75,000 seems ridiculously low – imagine being 18 years old and facing 40 years in prison – he has every incentive to disappear.
On the other hand, a charge of second degree murder, a remorseful killer, and a socially stigmatised victim (see low bail amount) – I think his lawyer may succeed in a plea bargain to voluntary manslaughter. He may be on the street again before his 25th birthday.
Dwight
He might get to use it as part of his defense. Normally new laws in Virginia take effect on July 1. Since his crime was committed prior to that date, it might be allowed in court.
There are a couple of new laws in Virginia that the Governor will make a provision that they take effect immediately but they’re exceptions, not the rule.
ShaunNJ
There is no justification for that level of violence against another human being. If the attacker is to be believed, the transgression he suffered was being “deceived and tricked” by a masculine looking man he though was a woman? The BJ was good enough to return for seconds but a horrific death is warranted because he was “misled”? I hope the attacker spends the rest of his life in jail where he might need to be comfortable with male-male sex by choice or not. I say this as a gay black man who is opposed to prison rape and jokes about that. I’m surprised Virginia is being so lenient.
Leo
I said much the same thing about another case and was banned for a week.
Jim
Sorry? Sorry?
Sorry, doesn’t cut it!
40 years sounds about right!
CaseyBlackCAUSA
Godabed: “there is a whole gay porn industry built around tricking straight dudes.”
You do realize that every one of those “straight” guys prior to filming provided a current, valid, state or federal photo ID for proof of age AND signed an Adult Model Release Agreement? No one was “tricked” if an actual studio / producer was complying with 18 U.S. Code § 2257.
Beyond that…
“…but Smith was wrong and stupid and shouldn’t have been playing those types of games at 40.”
You have no fvcking idea what Smith was or was not doing. You’re basing your judgmental assumptions on the word of the man who stomped another human being to death — crushing his face & skull.
Go troll elsewhere.
Chrisk
Yeah unfortunately we only get one version of the story since Etute made sure that Smith couldn’t tell his.
Dymension
I highly doubt he had oral sex one day, and only the second time did he realize it was a man.
butchqueen
“Truly sorry”? Unacceptable.
Kangol2
Absolutely horrible situation, and Etute should be convicted, whether he was catfished or not. No one–no one–deserves to be beaten to death, whether they engaged in deception or not. Without the “gay panic” defense, Etute is toast.
CityguyUSA
There’s no excuse for murder I don’t care what was done or who did what to who or even if it didn’t get that far. The guy needs to be locked up for the rest of his life otherwise everyone will get the message that killing queers that are misrepresenting themselves is legit. People misrepresent themselves every day about their finances, their job capabilities and where sex is concerned they are more quick to say they are 100% str8 than any sort of gay. We all know about the bi-sex tag being the easier way to accept ones self.
hOtNiPs
You’re sorry. Okay, so? You MURDERED a living person. Someone who mattered, even to you apparently until whatever happened that made you murder Smith. Was this piece created to generate sympathy for Etute, or to bring attention to the fact that the oppression of a person’s true self takes the mind to perverse places? One year of quarantine, and ppl are acting like they’ve been in solitary confinement for 10 years. Imagine what one does having been quarantined from who they are their ENTIRE life? So, Etute is sorry. Fine. Terrific. Let the Pride continue.
Me2
I don’t understand why some gay men pursue men who identify as straight. While he definitely didn’t deserve to die, there are very serious risks with that behavior.
Inspector 57
Yup.
Res1
Low esteem and the fact that gay men hate each other because they hate themselves. A lot of gay men are turned off by the fact that another man is gay even if he’s masculine. If he’s gay, he’s less of a man, so they end up with like this man 40, single, and chasing the elusive trade. It’s really sad that someone lost their life over such self hate.
My2CentsWorth
Rest1’s comment about low self esteem seems logical. But every person who takes such risks should ask himself if it is worth it. I can’t imagine wanting to meet up so bad that I would take such a risk. Better to not have anyone than the possible consequences.
Getting it on with strangers is very risky because of STD.
Spacerx
Why do you blame the victim for all you know it was a dl hookup went bad.. how do you there was a digital record of this guy soliciting straight men.. what does that mean digital record for all you know that happened on a gay app. Making statements like that defending the killer hmmmm :Not very sympathetic to a fellow human. You sound more like a homophobic troll or a self hating judgmental one….
Cam
Or the defense is lying and there isn’t anybody to dispute it since the only other witness was murdered.
sixfootsixmusclebuck
Who gives a sh*t if he’s sorry.. lock him up and throw away the key. The death penalty is too soft a punishment. He needs to sit his ignorant ass in prison for the rest of his life, watching everyone else living, loving, and enjoying their freedom/lives while he rots in bitter admiration. If deception was a mitigating factor towards murder most of our community would be free to murder every cat fisher/ghoster, that freely roam the disgusting dating apps.
arnieca
Queerty, once again my comment is being censored. Please print it.
Of course a killer is going to provide an account of events that increase his chances for a reduced sentence, or even acquittal. He killed somebody, so lying isn’t going to disturb his conscience.
What baffles & disappoints is the number of readers here on a gay news site accepting his account at face value, w/o any corroborating evidence. And then judging the victim based on it.
3 hours ago Reply
Your comment is awaiting moderation.
Me2
There’s a digital record of the victim trying to seduce straight men into sex with him. Other media outlets have posted several of his messages to various men on heterosexual hook up apps. It’s sad that he lost his life and his killer should be fully prosecuted and convicted. But this obsession that some gay men have with straight men is very dangerous.
Cam
@Me2
We found one of Miss Terri’s new screenames.
Dropping little comments in here with the “It’s a shame he was killed but…….”
Me2
@Cam
Ok, so anyone who doesnt think like you is a troll. Got it. I stand by my statements; the victim isn’t blameless.
Res1
I don’t feel bad for the victim, and I don’t feel bad for victims who get robbed and murdered on Grindr or whatever. Gay men have a serious problem when it comes to straight men chasing to the point where they are constantly putting themselves in harm’s way. All for some dusty d.i.c.k. It’s not that good to be throwing caution to the viento and getting beat to death. Masturbate to some porn and come to your senses. Stories like this have become common yet gay men are still not ambivalent even if their lives are on the line. Moreover, if one has to pull a man by donning a wig, you really need to fix your life.
My2CentsWorth
You are correct. Smith was out to his family so its not that he had to sneak around. All people who are desperate enough to seek mates on-line should follow some sensible rules. NEVER met in your home or their home. ALWAYS meet in public place. Also when leaving make sure no one is following . Best to plan a meeting place and departure route that makes it possible to know if one is being followed.
I have hard/read that some men do take the risk for adventure. Sky diving might be a safer way to get adventure.
Res1
Lol @My2CentsWorth
They’re not going to meet up in a public place cause these types of encounters are all about sex. I hate to say that, but women are the reasoning in relationships so when it is two men, logic is not present. That’s the downside of yang and yang energy.
Cam
@Res1
Either MissTerri just exposed that their a Mormon troll, or we have a new Mormon troll in here.
That whole idea that women bring “Love/Logic” into a relationship and men are just rutting animals that need the soft touch of a woman to domesticate them is a large part of the B.S. Mormon’s use to excuse the sexism etc. present in their religious practices.
Sweetie, your trolling is just sad….shut off your computer, look in the mirror, and feel embarrassed that you just exposed yourself so easily.
fredk3
bring back the death penalty. this kind of savage animal needs to be removed from society permanently.
Man About Town
Sometimes I almost feel sorry for defense attorneys when they have no choice but to scrape the bottom of the barrel to come up with absurd excuses for their clients’ despicable behavior.
Brewster69
The only thing he’s sorry about is that he got caught and is now facing time in jail. Unfortunately he’s probably gotten himself a lawyer who’s going to use the “gay panic” defense to get him off.
Sqwoah
Rest in Peace Jerry Paul Smith
I hope his family and the people that loved him can find peace too. There is so much pain here. My heart breaks.
amanwithanedge
STINKING VERMIN.
frapachino
Fry this mother f cker!
frapachino
More than one hate crime was committed here!
Desiderata
This was likely a racially motivated crime.
At a minimum a gay hate crime, likely with a racial bias against Mr Smith.
scotty
dude’s gonna find out just how gay he really is when he’s gettin run up in whilst incarcerated in that 4×8 cell.
My2CentsWorth
Chrisk started this with the correct observation. It would have taken the victim a lot of effort (and maybe help) to cease looking like a man.
It is possible that Etute was racist (after all a lot of Whites in his state forced slaves women into sex with them – and maybe even men slaves too).
Etute’s original goal may have been to have sex with a woman but it must have been obvious that Smith was a guy before his penis got into Smith’s mouth.
It is possible that after the first encounter Etute had regrets about having been sucked off by a guy and he went back to for revenge. Something the he, no doubt, enjoyed enough to get an erection and ejaculated. The idea of having enjoyed sex with a guy was on his mind and he decided to get back at the guy by beating him up. Death may not have been Etute’s goal but his only concern afterward was not getting caught. Smith was physically no match for Etute.
Robert333
Hope he’s found guilty and gets beaten to death in prison
rural queer socialist
Queerty is a HATE SPEAKER! AND DEAD-NAMER.
A cis-gender man who dresses as a women is GENDER NON-CONFORMING. They may also be ‘gay’ as Queerty CHOOSES to DEAD-NAME them. But they are also in the TRANSGENDER EXPRESSING community.
QUEERTY is a BIGOTED HATE-NAMING organization.
radiooutmike
Sure, just blame the victim. He enticed me as “Angie”.
Dude beat a guy to death with his bare hands. He cared so little for human life that he did not even bother to call 911.
I don’t care even if Smith was totally passable, no one deserves what happened to Smith.
And how did Etute “let down” his supporters? By hooking up with dude? Or by beating that dude to death. Or the depraved indifference he showed by not calling 911?