Virginia
Former Va. Tech football player found not guilty in beating death of gay man
Defense lawyer said victim tricked 18-year-old into having sex
A Montgomery County, Va., jury on May 27 acquitted a former Virginia Tech football player of second-degree murder for the May 2021 beating death of a gay man who was dressed in women’s clothes when the two men engaged in sex after meeting through the online dating site Tinder.
At the time of his arrest last year, Isimemen Etute, 19, who was 18 at the time of the incident, told police he acted in self-defense after learning that victim Jerry Paul Smith, 40, tricked him into thinking he was a woman when he allowed Smith to perform oral sex on him at Smith’s Blacksburg, Va., apartment on April 10, 2021.
Etute told police he returned to Smith’s apartment in May of that year to determine whether Smith was a man or a woman, according to the Roanoke Times. The newspaper reports that Etute testified at his trial that a confrontation broke out inside Smith’s apartment after Etute saw that Smith was a man. He testified at his three-day trial last week that he began punching Smith after Smith appeared to be reaching for a weapon under the mattress of his bed, possibly a gun.
Police discovered a knife under the mattress at the time they found Smith’s badly beaten body on the bedroom floor.
Prosecutors presented a witness from the county medical examiner’s office who testified that most of the bones in Smith’s face were broken, he had bleeding and swelling in his brain, and had multiple teeth knocked out.
The Associated Press reports that Assistant State’s Attorney Patrick Jensen argued at the trial that the injuries suffered by Smith indicated Etute acted with malice and Smith could not have posed a threat to him after he was initially punched by Etute.
“I felt violated,” Etute testified at the trial, according to the AP and the Roanoke Times “I was just in shock, in disbelief that someone tricked me and lied to me,” the Times quoted Etute as telling the judge and jury.
His attorney, Jimmy Turk, told the jury that Smith was a “deceitful and dishonest man” who “defrauded young men for his own sexual gratification,” the Roanoke Times reports. “Who is the real victim here?” the newspaper quoted Turk as telling the jury in his closing arguments. “This was a wicked sexual ruse.”
Prosecutor Jensen called on Circuit Court Judge Mike Fleenor to instruct the jury that the defense could not use a so-called “gay panic defense” on Etute’s behalf because the Virginia General Assembly last year passed a law outlawing the gay and transgender panic defense in criminal trials.
The law, similar to laws passed by other states, says juries cannot consider a violent act to be justified by someone who finds out someone else’s sexual orientation or gender identity.
According to the Roanoke Times, the judge said the law would have applied in this case, but it did not take effect until after the incident in which Etute assaulted Smith took place and so the law could not be applied retroactively.
The Times and AP report that the jury handed down its not guilty verdict after deliberating for just three hours.
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
Virginia
McPike wins special election for Va. House of Delegates
Gay Alexandria City Council member becomes 8th LGBTQ member of legislature
Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.
McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.
He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria).
Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.
Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20.
McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
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