Nabors said Cazares and Magidson had first brought Araujo, whom the group knew as an attractive 19-year-old named "Lida," to the Merel home in late August or early September 2002. All Rights Reserved. Now, I express how I feel like she did.. Socially Sad and Mentally Arrogant: Boys Locker Room, The AFL-CIO must end union representation of law enforcement. [53], To avoid a third trial, Cazares pleaded no contest to manslaughter on December 16, 2005,[60] and was sentenced to six years in prison,[61] with credit for time already served. She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes. Gwen Araujo was a 17-year-old transgender woman from Newark, California. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. [2] He was killed by four men, two of whom he had been sexually intimate with while pretending to be female, who beat and strangled him after discovering that he was actually a biological male. The day after the mistrial, a judge grants a request by the mother of Gwen Araujo to legally change her name from Edward Araujo Jr. to Gwen Amber Rose Araujo. Loves the Beach. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. I love children. The law requires that juries must be informed that they are forbidden from making decisions based on any victim's gender or sexual orientation. Araujo's family hears rumors about the confrontation and provide information to police, who then get a friend of Nabors to wear a wire from which they record Nabors talking about the murder. Araujo's remains are cremated. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. [34] Confronted with the recording, Nabors agreed to lead authorities to the body[30] on October 15. The ABC7 Originals documentary, "Being Gwen: A Life and Death Story," focuses on the struggles she faced early in life, her gender transition as a young teenager, and the tragic events in October 2002 that led to her death. Guerrero remembers Araujo telling her, "I don't feel like a boy. [34], One of the jurors wrote a newspaper article after the mistrial; in it, he credited Cazares's defense attorney, Tony Serra, with introducing enough reasonable doubt about the veracity of the prosecution's witnesses, including both Brown (who had admitted to consuming more than a dozen beers that night) and Nabors (who was characterized as a liar and "chameleon", prone to exaggeration and eager to please in every social situation). Merel, who has expressed remorse from the beginning, admitted Friday that back then he felt more sorry for himself. Michael Magidson, 23, Jose Merel, 24, and Jason Cazares, 24, are on trial for murder in the killing of the 17-year-old Araujo. [2] She was murdered by four men, two of whom she had been sexually intimate with, who beat and strangled her after discovering that she was transgender. Araujo surprised her with a strong blow during the fight, and Brown said the men "were tripping, because she was smaller than me and just as strong. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. [45] In his opening statement, the defense attorney for Magidson argued that he should not be charged with murder, rather manslaughter at worst, under California law. Sylvia was relentless, Dufty said. Arnold Schwarzenegger signs the Gwen Araujo Justice for Victims Act. When asked how she forced them, Nabors answered, "Through deception. LGBTQ+ resources are available: abc7news.com/TakeAction. In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. Neither defendants was convicted of a hate crime. Her loss has multiplied outside of the public eye in a system unequipped to support her. The younger brother of one of three men accused of killing a Newark transgender teen testified Thursday that he had tried to rescue Gwen Araujo but had been stopped by one of the men and the prosecution's star witness, who has accepted a plea deal for his role in the death. Gwensmurder spurred the first Trans March in 2003. Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. Fourteen years later, the twomen convicted of second-degree murder faced a parole board for the first time this week in a world more aware of what it means to be a transgender person and the dangers the trans community faces. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. One of the defense attorneys explained the last question had specifically asked if prospective jurors had watched the film Boys Don't Cry or the play The Laramie Project, but was changed over defense concerns that by being so specific, those who had not would be prompted to watch them. [30] After this, the defendants' testimonies diverge. According to court testimony, Araujo, who presented herself as Lida, engaged in sexual acts with Magidson and his friend, 22-year-old Jose Merel. She got a grant from the Horizons Foundation to speak at schools about what it is like to raise a transgender child and the challenges transgender youth face in society. [31] Merl was concerned with cleaning Araujo's blood off the couch[30] and carpet before retreating to his room so the others would not see him crying.[23]. Cherished brother to Pearl and Jesus Serrano of C And likely even more have forgotten the woman at the center of the media storm and trial proceedings that followed: Gwens mother. She was loving, vibrant, and beautiful. Especially in today's society, she would have been rejected if not harmed had she been so open about it. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. Emmanuel Merel testified he tried to get Araujo out of the house but was stopped by the other men. On their way home, they purchased breakfast at a McDonald's drive-through window. The case was also the subject of a 2007 documentary, An episode of the Investigation Discovery channel series, This page was last edited on 13 January 2023, at 04:32. It's who she was. Sunseri said. For more than a decade after Gwens death, she spoke at events about her daughters murder and the struggle for trans rights at events, before taking a break of several years. Days before the 20-year anniversary of her daughters murder, Guerrero stood in front of the TV at her sons apartment in Tracy and flipped through generic photos of Pescaderos foggy coastline. How safe is your neighborhood? [23], She was then placed in the bed of a pick-up truck, and the four men drove her body four hours away, burying her near the Sierra Nevada mountains in a shallow grave in the El Dorado National Forest near Silver Fork Road in El Dorado County. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Bamby Salcedo, who went on to establish The TransLatin@ Coalition in Los Angeles, said she was motivated to accept her sexual identity and fight for transgender rights after learning of Araujo's death. I was not perfect, Guerrero said, reflecting on that moment decades later. In her death, she has literally saved thousands of lives. Guerrero said. Magidson, Jos Merl, Cazares and Nabors then drove four hours to the Silver Forks campground in El Dorado National Forest to buy Araujo's body. She fought like a guy. One of the many factors that parole boards consider is the impact on the victims family. Araujo was born with male genitalia but her immediate family noticed early on. Her hair is dyed black and falls flat against her back. According to Nabors, Magidson "wasn't sure if Lida had died from twisting the rope, but once Jason hit her twice with the shovel, he knew she was dead". Gwen Araujo's murder brought about several changes in California law. "When Gwen was murdered that night, it was the beginning of a life sentence for me and my family," Guerrero told the publication. Guerrero is the mother of slain transgender teen Gwen Araujo, 17, of Newark. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Gwen loved going to the city because she could be herself there.. She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. [61] Magidson was denied parole again in September 2019. Araujo was eventually strangled to death with a rope, tied up and taken by four of the men -- Jose Merel, Magidson, Cazares and Nabors -- in the back of a pickup truck to a camping area in the El Dorado National Forest where they buried her body. She was insistent that the justice system would not ignore or betray her daughter.. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. In life, Gwen dreamed of being a part of San Franciscos transgender community and its history. [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. ABC7 New York 24/7 Eyewitness News Stream. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. On their living room sofa, Guerrero and her daughter planned out the future. The jury deadlocked 9-3 in favor of also convicting Jason Cazares. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. At a vigil later that evening at the LGBT Center in San Francisco, advocated lamented the men were not convicted of first-degree murder but still called the verdict a huge victory for the transgender rights. Araujo usually checked in with her mother, so when she did not come home the day after the party, her mother called the police on October 5 to report her missing. "I don't want him to be identified in the rec room at Santa Rita (jail).". Jerry Brown. [12] Later, she engaged in oral sex with Magidson and anal sex with Merl. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. Magidson, however, has reportedly never shown remorse and has been denied parole twice since his sentencing. The fund's purpose was to support school-based programs in the nine-county Bay Area that promote understanding of transgender people and issues through annual grants. [15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. After Araujo was knocked unconscious, Magidson bound her wrists and ankles, then she was wrapped in a comforter to minimize the amount of blood staining the carpet, before being carried to the garage of the home. She says she receives emails from all over the world. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. I never heard of the word transgender until she died.". [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. Paul Merl was quickly released because his girlfriend came forward to the . Jos Merl testified and admitted he was ignorant about his thinking about sexuality at the time of the murder. "[23], At some point after that, Brown woke Paul Merl, and they left the house with Emmanuel Merl. [75][76][77] The law limited the use by criminal defendants of the "gay/trans panic defense" by allowing parties to instruct jurors not to let bias influence their decisions, including "bias against the victim" based on his or her "gender identity, or sexual orientation". Yet the disability benefits she originally depended on were rejected in court. Gwen, often called a woman, was really just a 90-pound girl withno chance against the four drunken youngmen, including two who had been sexually intimate with her, Guerrero said. "[14], The first trial ended in a mistrial on June 22 following nine days of deliberations, when the jurors were unable to reach a unanimous decision for the three men. She transferred to an alternative high school, but did not return for the 200203 academic year. Ive always loved San Francisco, Guerrero said. At age 14, Araujo sat down with her mom for a heart-to-heart talk. Jaron Nabors. | Olivia Cruz Mayeda/The Standard, By clicking Subscribe you confirm you have read and agree to our. Her family reported her missing, but police had no information about her disappearance until Nabors told a close friend about what happened. This is the narrative that has persisted since shortly after Gwen's murder, but are there reasons to believe that this version of events isn't quite true? On the evening of October 3rd, she attended a house party with a number of other people, including Jaron Nabors, Michael Madison, Paul Merel, and his brother Jose Merel. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. Im kind of worried Ill get pulled over, she said, bent over and laughing, but I roll deep with angels.. Four men brutally murdered her. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. It was warm out, and the air smelled like basil from a nearby farm. [10], The first trial began on April 14, 2004. On Tuesday, trans rights advocates and Gwens loved ones will gather at San Franciscos Main Library to honor her legacy on the anniversary of her murder. That friend tipped off the police, and agreed to wear a microphone during a subsequent conversation with Nabors about the murder. At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. Today marks the tenth anniversary of the brutal murder of transgender teenager Gwen Araujo in Newark, California. Today shes an admired activist for transgender causes, even though the horror of Gwens fate has upended her life. I still call her mom when I talk to her.. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani.According to court testimony, Araujo, whom the men knew . He left, along with his brother Paul and his girlfriend, while Araujo was bloodied in the living room. [39][40][41] At the first trial, defense attorney Tony Serra accused Nabors of writing the letter knowing it would be intercepted and implicate Cazares. Police and the family referred to Araujo by her birth name, Eddie, a practice now discouraged, called deadnaming. If it's a man, she ain't gonna leave. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. Prospective jurors were asked if they knew any lesbian, gay, bisexual, or transgender people; whether they knew any recently married same-sex couples; whether they had met any transgender people; or whether they had seen a "movie or theatrical performance depicting the activities of a transgender person". Her mother found it to be odd but did not put much thought into it. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. Jason Cazares struck a deal with prosecutors to avoid a third trial and accepted a six-year prison sentence for involuntary manslaughter. [61], Jos Merl was granted parole in 2016 with the support of Sylvia Guerrero. [29], Before the first trial, the prosecuting attorney, Alameda County deputy district attorney Chris Lamiero argued that simply being transgender should not have been a death sentence:[44]. Copyright 2023 KGO-TV. "I didn't understand. Gwen Araujo was beaten to death by a group of men, two of them ex-lovers of hers, when they found out she used to be a he. If they actually did know, then why did they kill her? Lopez stood next to her on a packed BART station escalator. [1][3] Two of the defendants were convicted of second-degree murder,[4] but not the requested hate-crime enhancements to the charges. She just wanted to jump into the crowd.. At least 48 trans people were killed in 2021, making it the deadliest year for transgender people in the United States, where the majority of victims are Black and Latinx. When Araujo was killed, Newark Memorial High School was preparing to stage a play on Shepard's death and the community drew comparisons between what happened to Shepard and how Araujo was killed. Bevan Dufty is the lead organizer for Tuesdays event and has known Guerrero for years. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. [36], After he was arrested, Nabors wrote a letter to a girlfriend in which he stated the defendants had discussed a "Soprano-type plan" to "kill the b and get rid of her body". Deputy District Attorney Chris Lamiero announced he will seek a second trial. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. The men became suspicious that Araujo was not biologically female because she did not let them touch her genitalia. Araujo attended a party at the house Jos Merl shared with his younger brother, Manny, and his older brother Paul, who also had previously engaged in sexual acts with Gwen. She was loving, vibrant, and beautiful. Guerrero, who was making good money as a legal assistant at a San Jose law firm when Gwen died, is now homeless, shuttling her neatly packed belongings between relatives homes in a friends borrowed car. The civil rights leader made several notable appearances in the Bay Area, where he paved the way for future leaders like SFs first Black mayor, London Breed. Araujo was born with male genitalia but her immediate family noticed early on that she identified more easily with being a girl than a boy. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. Writing is not a hobby, but a passion. He is expected to resume testimony Monday. All Access Digital offer for just 99 cents! After she left, Nabors asked the other three "Could this be a dude?" This is the life and death story of 17-year-old Gwen Araujo. Here's what happened to Bay Area trans teen Gwen Araujo. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. Guerrero has few possessions at this point, but she holds on to the lessons Gwen taught her. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Gwen was a vibrant transgender teenager who was murdered in Newark, California in October 2002. She held her gaze as tears welled in her eyes. (AP Photo/Anda Chu, Pool) POOL PHOTO, Defendant Jose Merel listens to the testimony of his younger brother, Emmanuel Merel, during Jose Merel's murder trial in Alameda Superior Court on Thursday, April 21, 2004, in Hayward, Calif. Emmanuel Merel testified that he tried to push Eddie "Gwen" Araujo that he tried to push her out the door to safety in the chaos that followed the discovery that she was biologically male. [8] Police did not initially take the missing persons case seriously partly because she was transgender,[9] and she was known to stay away from home overnight. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. At first, she didn't know how to talk about it. As a young boy, Eddie Araujo always felt like he was different in a way. ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. July 4, 1999 At age 14, Eddie tells his mom. I cant tell youhow many people have told me, because of your daughter, I am free to be who I am.. It was raining. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" [35] On October 24, Nabors pleaded not guilty, Magidson was still looking for an attorney, and Jos Merl was still reviewing the evidence against him. Below, you'll find a timeline of how the life and death of Gwen unfolded. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player above.It's also available on the ABC Owned Television Stations' connected TV Apps: ABC7 Bay Area, ABC30 Central California, ABC7 Los Angeles, ABC7 New York, ABC7 Chicago, 6abc Philadelphia, ABC13 Houston, and ABC11 Raleigh-Durham. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. Curating the best of The Standards top-notch reporting, every Saturday. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. She is born with male genitalia and raised as a boy by her family, who call her Eddie. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. Now at 58, she wears flip-flops and jean shorts. After the initial deluge of sympathy letters stopped arriving and donations dried up, Guerrero was left with an eviction notice, no source of income and unimaginable trauma. They are 22-year-old Michael Magidson, 22-year-old Jos Merl, 22-year-old Jason Cazares, and 19-year-old and Jaron Nabors. Her face lit up, said Lopez, who came out to Gwen in high school. Jose Merel, 36, was granted parole on Friday with the support of Guerrero, pending a review from the Board of Parole Hearings and Gov. Cazares and Nabors have long been out of custody. He walked alone to a 7- Eleven store, bought a pack of gum and went to a friend's house to spend the night, he said. When they killed her, Guerrero said, they killed a part of me.. [62] Attorney Gloria Allred represented Araujo's family. She lost her job and suffers from post-traumatic stress. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. In 2014, that law was strengthened by Gov. In her third year of living as a woman, Araujo began hanging out with several men that she met in the late summer of 2002. [8], The Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover Araujo's body from the grave site. Araujo's funeral is held at St. Edward's Catholic Church in Newark. [19], TransVision, a comprehensive health and social services program for transgender people in Alameda County, was founded in 2002 and operated by Tri-City Health Center after the murder of Gwen Araujo. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. With credit for time served, he was expected to spend approximately five years in jail from that point on. Emmanuel Merel said it was Michael Magidson and Jaron Nabors -- who has pleaded guilty to manslaughter -- who had physically prevented him from pushing Araujo outside to safety. Then while Araujo was in the bathroom, Brown went inside, grabbed her crotch, and reportedly shouted to the group, "It's a man.". [7] Gwen was 14 when she and Guerrero were painting their nails in bed, and Gwen told her mom that she didnt feel like a boy. Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover the body from the grave site. [37][38] Cazares had been identified as a potential witness on October 22. She lives in this prison in her own mind.". In high school, Gwen would regularly ask Guerrero to give her friends advice on their relationships and drama at school. a GoFundMe page that raises donations on her behalf. It instructed jurors not to let bias against a victim's gender identity or sexual orientation influence their decisions. Guerrero has survived in part from a GoFundMe page that raises donations on her behalf. Later, when asked why he hadn't done something more to push Araujo out of the doorway, Emmanuel Merel answered, "I gave in. Nabors and Cazares urged the others to "knock the b out", according to Nabors's testimony. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. The men become enraged and Magidson punched Araujo. [34][49] While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. Jaron Nabors was sentenced to 11 years in prison. She was the oldest of 11 children to immigrant parents from Irapuato, Mexico. Get Morning Report and other email newsletters. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. The other two, Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter. Transgender activists attended the trial and condemned the strategy to blame Araujo for her own death. [22], When Nabors and Cazares returned, Araujo was still conscious, bleeding from her head wound and sitting on the couch. [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. San Mateo County could soon expand direct cash payments to some of its poorest residents, Pittsburg could soon see road and school crosswalk improvements, Opinion: What I learned about myself at the Richard Nixon Library, USC uses defense to upset No. She was killed 20 years ago. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. [14], Nabors pleaded guilty on February 24, 2003, to a lesser charge of voluntary manslaughter, which carried an 11-year prison sentence, along with a promise to testify against the other three defendants. Momsespecially momsif they knew the factsyou'd be surprised. EDWARD 'GWEN' ARAUJO, JR. Of Newark entered into rest Thursday, October 3, 2002. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. Sylvia Guerrero has faced hardship since Araujo's death. The jury is unable to reach a guilty verdict and the judge declares mistrial. [30] At some point, the assault resumed. Gwen Araujos brutal death two decades ago drew international attention and prompted the passage of a law in her name, as well as a movie about her life. [8], Paul Merl was released after Brown and Emmanuel Merl told the police that he had left the scene with them. I think it was toxic anyway, keeping all those emotions in. Nabors described how Araujo had locked lips with all four of the men that night to blow marijuana smoke into their mouths in what he described as a "power hit." History of transgender people in the United States, History of violence against LGBT people in the United States, List of people killed for being transgender, "Two Guilty of Murder in Death of a Transgender Teenager", "Trying to Understand Eddie's Life and Death", "Slain Newark teen balanced between two worlds", "Case of slain transgender teen could go to a jury this week", "HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim", "HAYWARD / Defense calls transgender victim guilty of 'deception and betrayal', "HAYWARD / Defense grills star witness in teen murder trial / 'You're lying,' lawyer says to man who pleaded guilty", "Guilty plea in transgender killing / Defendant makes deal, testifies against friends", "3 Are Charged In Death of Man Who Dressed Like a Woman", "One year since transgender teen's death / Gwen Araujo's family still struggling to cope", "HAYWARD / Witness tells of friends' anger at being duped / He says 2 were mad their sex partner was biologically male", "Witness tells how she learned transgender teen was male", "Slain teen's last night recounted / Witness testifies on events leading to killing of transgender youth", "HAYWARD / Transgender teen did nothing 'to deserve death' / But 1 accused killer said he vomited on finding she was male", "Man Testifies on His Role in Teen's Death", "Witness details slaying of transgender teenager", "Three sentenced to prison in Araujo slaying", "Attack Witnesses Unlikely to Face Criminal Charges", "11 years for defendant in Araujo killing", "Chilling time line of a killing / Death of transgender teen described in grisly detail", "Defendant says prosecution witness admitted killing Araujo", "3 Charged in Beating Death of Boy, 17, Who Lived as a Girl", "Man Pleads Not Guilty in Slaying of Transgender Bay Area Teenager", "Fourth Arrest Made in Transgender Killing", "Fourth Person Sought in Slaying Inquiry Is Found", "Accused: Araujo bargained for escape Preliminary hearing in death of transgender teen to end today (subscription needed)", "Defense attorney: Witness struck Gwen's fatal blow (subscription required)", "Slaying Victim's Mother Now Speaks Out Against Hate Crime", "Witness Unable to Testify About Transgender Teen's Slaying", "Accused killer was 'disgusted' that transgender teen was male", "NEWARK / Teen's death a crime of passion, defense says", "Final defendant testifies in Araujo murder trial", "Newark Transgender Teen Murder Verdicts Upheld", "2 Convicted of Murdering Transgender Teen", "HAYWARD / Manslaughter ruled out, Araujo juror says / 'Events devolved into brutal beating and homicide', "HAYWARD / Araujo case draws to close / Last defendant pleads no contest to avoid third trial", "Gwen Araujo murder 14 years later: Transgender teen's killers face parole", "Cazares plea brings Araujo trial to close", "Man Given 11 Years in Gwen Araujo's Death", "Mourners Overflow Funeral of Teen Allegedly Slain Over Sexual Identity", "Longtime trans activist says goodbye to TransVision", "SAN FRANCISCO / Transgender community feels joy, anger at Araujo verdict", "Fests go in for a piece of the action: Cinequest to distribute 'Ways of Men', "Ten years later, Araujo's murder resonates", "An act to amend Section 192 of the Penal Code, relating to manslaughter", "California Bans Gay and Trans Panic Defense", "Assemblymember Bonilla and Equality California Introduce Bill to Ban "Panic Defense" Strategy as a Courtroom Tactic by Murder Defendants", "Online Extra: Parole denied for killer of Bay Area transgender teen", https://en.wikipedia.org/w/index.php?title=Murder_of_Gwen_Araujo&oldid=1133311118, American victims of anti-LGBT hate crimes, Deaths by strangulation in the United States, Articles with dead external links from September 2010, Short description is different from Wikidata, Pages using embedded infobox templates with the title parameter, Creative Commons Attribution-ShareAlike License 3.0. Guerrero sees her daughters legacy firsthand each time the Lifetime movie, A Girl Like Me: The Gwen Araujo Storyairs. [6] Her parents divorced when she was 10 months old. [58] After the trial, one of the jurors stated in an interview with the San Francisco Chronicle that the murder conviction was because "The community standard is not and cannot be that killing is something a reasonable person would have done that night" but not hate crimes since the murder was believed to have been committed not because Araujo was transgender, but to "cover up a situation that had gotten out of control". Like the little flowers on the side of the freeway that no one notices. Jose Merel hit her in the head with a frying pan and a can of soup. [8] She began to grow her hair long and planned to undergo hormone treatment and surgery. Any woman that knows you after this, it's not going to matter. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and started to wear makeup. Fred Phelps and the members of Phelps's Westboro Baptist Church promised to picket the funeral,[36] but did not.,[64] there were people there that picket with signs but friends wore angel wings to block casket from signs. [78][79] The law further restricted the use of the gay/trans panic defense by amending California's manslaughter statute to prohibit defendants from claiming that they were provoked to murder by discovering a victim's sexual orientation or gender identity. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. [30] Cazares kicked her. She frequently encounters psychological triggers that derail her days. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. TIMELINE: How the murder of transgender teenager Gwen Araujo unfolded. Gwen Araujo murder 14 years later: Transgender, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), ACE train service cancelled after more mudslides at Niles Canyon, Gwen Araujo murder 14 years later: Transgender teens killers face parole. Ciara-Kiona Purvis September 11, 2022 Interpersonal Communication A Girl Like Me: The Gwen Araujo Story A Girl Like Me: The Gwen Araujo story is based on a true story. The 17-year-old from the San Francisco Bay Area was punched, beaten and. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani.According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual . Most people in their neighborhood called her mom.. Because a city this offbeat deserves a newsletter with some The case attracted national attention, both good and bad. 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[Gwen] lived every day of her life yearning and longing to be a girl in every sense of the word, so if anyone who didn't know her made her feel that way, why would she reveal that she is transgender? During Magidson's testimony, a tape of his initial interview with the police was shown, in which an investigator was recorded coaching him to use the trans panic defense: "You'd be surprised. In 2002, she would be brutally murdered by a group of men who uncovered that she was transgender. One night Gwen decided to go to a nearby house party. Back in Tracy, Guerrero examined a broken taillight on her car while holding her daughters framed picture in her left hand. [46] Magidson's attorney said that his client was not biased[47] but had been shocked "beyond reason" to learn he had unwittingly had sex with a "man": a variant of the gay panic defense. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. "[54], During the closing statements of the second trial, Cazares' defense lawyer Tony Serra argued that the three defendants were "ordinary human beings" who were guilty, at most, of manslaughter for their role in the death in a "classic state of heat and passion". She says she is excited to return to actively working on the cause. But the murder of Gwen Araujo is still important today. [9], On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. The other two defendants pleaded guilty or no-contest to voluntary manslaughter. Four months later, the jury found Magidson and Merel guilty of second-degree murder. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. Cazares, Magidson, Merl:First trial:MistrialSecond trial: Gwen Amber Rose Araujo (February 24, 1985 October 4, 2002)[1] was an American trans teenager who was murdered in Newark, California at the age of 17. Over the course of the trial, defense attorney Tony Serra, who represented Jason Cazares, attacked the credibility of Jaron Nabors, whom he accused of being the primary aggressor and blaming his friends for the murder. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. The 17-year-old from the San Francisco Bay Area was punched, beaten and eventually strangled to death when several men discovered she was a transgender woman. She and Guerrero shared a deep love for the city for that reason, and in the year leading up to her murder, Gwen came to the city almost every weekend. The 17-year-old from the San Francisco Bay Area was punched, beaten and eventually strangled to death when several men discovered she was a transgender woman. [68] By 2005, Guerrero had spoken to more than 20 schools. Two of the men she had a sexual encounter with. The San Francisco Standard. [22][25][27] Emmanuel Merl later testified he walked to a convenience store to buy gum, then went to a friend's house to spend the night. The men would later claim during the trial that they were driven to a fit of rage after learning that Gwen, who two of the men had slept with, was biologically male. [70], Sylvia Guerrero, Araujo's mother, worked as a legal assistant at a San Jose law firm, but as of 2016 was homeless due to PTSD from the incident. She walked into the house with A recent family photograph shows Eddie Araujo holding his niece Arianna. [2] She was murdered by four men, two of whom she had been sexually intimate with, who beat and strangled her after discovering that she was transgender. [23] Merl also said he thought she was still alive until he saw her body in the bed of Magidson's truck. of SF politics and culture. Nobody reported the murder of Gwen Araujo. The men had claimed a gay/trans panic, a murder defense later made illegal in California in Gwens name with the help of Guerreros activism. Araujo's murder was compared to the brutal death of Matthew Shepard four years earlier in Laramie, Wyoming. California Gov. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. Jerry Brown, states that fear or surprise of a victim's sexual orientation or gender identity may not be used a legal defense to justify an assault. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. HANDOUT PHOTO ALSO RAN 10/22/02, 11/19/02, 12/22/02, 10/4/2003, Emmanuel Merel, the younger brother of defendant Jose Merel, testifies in the Eddie "Gwen" Araujo murder trial in Alameda Superior Court Thursday, April 21, 2004, in Hayward, Calif. Emmanuel testified that he tried to push the teenager out the door to safety in the chaos that followed the discovery of Araujo's gender. My daughter in 2002 brought the trans community to the forefront, and changes began since then, said Guerrero, who returns to heractivism for the trans community with a speaking engagement in Fullerton next month. It was shocking, Guerrero said. Nabors took the stand under tight security. Jerry Brown. But I love you, and well get through this., Guerrero wasnt just a mother and confidante to Gwen and her three other children but to anyone who needed her. Guerrero foughtthe possible parole of Magidson but supported parole for Merel, while other family members want neither paroled. On the night of Oct. 3, the men decided to confront Araujo about their suspicions during a party at the house Jose Merel shared with younger brother, Emmanuel, and older brother, Paul, who also previously engaged in sexual acts with Araujo. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. To avoid a third trial, Cazares' lawyer reached an agreement with prosecutors for a manslaughter conviction. Araujo was born with male genitalia but her immediate family noticed early on. Over the next few hours, Araujo was punched and beaten as she tried repeatedly to escape the house. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. Thats OK, Guerrero recalled saying. Gwen Araujo was born on February 24, 1985, in Brawley, California, to Edward Araujo and Sylvia Guerrero. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. Just let her go. But, at the time, she didn't comprehend the change Araujo was going through. When youre in a big family, youre either going to want a bunch of kids or youre not going to want any, she said. Beto Lopez, Gwens childhood friend, remembered sneaking out of the house in their hometown of Newark to go to San Francisco Pride with Gwen in 2000. They had met her walking in the middle of the street, drinking a beer. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. Gwens mother is one of the victims that transphobic violence leaves behind. [24][25] He then proceeded to punch her in the face, knocking her to the ground, and put her in a chokehold, but he was pulled off by others. [7] Rumors reached her family that a girl who had been outed as transgender at a party had been killed and buried in Tahoe,[7] and her aunt called the police on October 9 to pass on the story. [12], Nabors and Cazares left in Magidson's truck to retrieve shovels and a pickaxe from Cazares's house,[25][28] saying as they left the Merl house that the other men were going to "kill that b". [29] The final votes were 102 in favor of acquitting Merl and Cazares of first-degree murder, and 75 in favor of convicting Magidson of first-degree murder. "She had no problem flirting.". Three men are suspected of killing the 17-year-old who frequently dressed like a young woman. Trans people are being killed in record numbers. That's not a world in which I want to live or most people want to live in. [56], On September 12, after a week of deliberation, the jury announced its verdicts. Her PTSD and memory problems leave her unable to return to her former career and force her to scrape by with help fromseveral crowdfunding campaigns, including a recent GoFundMe page. She went on to say, "It feels like we lost our mom. [8] According to The Start, Jogia was a student at Killarney Secondary School until age 17 when he left to pursue acting full-time, having already gained a number of small television credits. She is born with male genitalia and raised as a boy by her family, who call her Eddie. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. Stuff like that. The elderly woman was a victim of recent storms. Emma Rodrigues, Gwen Araujo's aunt, Statement at sentencing hearing, January 27, 2006[53], The three defendants testified in this trialand blamed each other as well as Nabors. [52] To avoid a second mistrial, prosecuting attorney Chris Lamiero argued for a first-degree murder conviction, but gave jurors the option of a second-degree murder conviction for the three, or even manslaughter for Merl. Questions, comments or concerns about this article may be sent to [emailprotected]. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. The presiding judge issued a gag order barring attorney from talking to the media. ",[20] and the men with whom she had had sexual relations became enraged and violent. Initial coverage by several news media outlets described the victim as a cross-dressing man. Arnold Schwarzenegger signed the Gwen Araujo Justice for Victims Act into law, challenging the gay/trans panic defense used by her killers to lessen their culpability. [60] According to Lamiero, Cazares was willing to plead guilty to being an accessory after the fact, but that deal was rejected because the sentence was just three years and admitted no culpability in the murder. They viciously beat and strangled Gwento death at a Newark house party on Oct. 4,2002, after they confirmed she was biologically male. People are going to be hard on you, and its not going to be easy. At another point, he consoled his brother, Jose Merel, who was crying. One can debate the propriety of one choosing to identify with a gender other than the one they were born with. Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Only 17 years old at the time of her death, today Gwen would be a 27-year-old young woman had her life not been brutally taken by four men who discovered she was born male. It was a beautiful conversation that Ill always cherish, Guerrero said. Also at the gathering were Paul's girlfriend, Nicole Brown, and friends Jason Cazares, 22, and Jaron Nabors, 19. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. Gwens murder played no small part inthe ongoing movement against trans violence and forequality and understanding, said Isa Noyola of theTransgender Law Center. [52] He asked the jury to return first-degree murder convictions of Magidson and Cazares, fingering Magidson as the main culprit who had strangled Araujo and calling him "a poor excuse for a man" with a "stupid and moronic" list of excuses for murdering her. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. Magidson, 24, of Fremont and Jason Cazares and Jose Merel, both 24 and from Newark, are being tried on murder and hate-crime charges and could face life in prison if convicted. Edward "Gwen" Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. Jury selection begins for the second trial. The Gwen Araujo murder trial begins in a Hayward courtroom. Magidson testified that Nabors admitted he had strangled Araujo. Earlier in the day, Alameda Superior Court Judge Harry R. Sheppard ordered the media not to photograph Nabors. This is a carousel. [6] Make Muse | For Smart + Creative Young Women. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. [17], In the early morning hours of October 4, Magidson asked Araujo to reveal her sex or allow him to touch her genitals, which she refused. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. Traumatized by her daughters murder in the East Bay city of Newark, the ensuing trials and an onslaught of invasive media attention, Guerrero has had a hard time finding a job. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. Arnold Schwarzenegger signed the Gwen Araujo Justice for Victims Act. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player above and on the ABC Owned Television Stations' connected TV Apps: ABC7 Bay Area, ABC30 Central California, ABC7 Los Angeles, ABC7 New York, ABC7 Chicago, 6abc Philadelphia, ABC13 Houston, and ABC11 Raleigh-Durham. [7] Besides English, Jogia speaks some Gujarati and French. The messages offer a glimpse into the government crackdown that spurred a UN probe into human rights abuses. [15][16], Nicole Brown, who was dating Paul Merl (Jos's older brother) and was acquainted with Araujo, said that she and Araujo had engaged in a physical fight after Brown challenged Araujo to strip for the men. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. he testified. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. This publication will provide readers with the best true crime content on Medium. They jury deadlocked once again on Cazares, but this time 9-3 in favor of a conviction. PLEASE VERIFY RIGHTS. [23] It is not clear at what point during this sequence of events she died. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. I dont have my nails done. Sylvia honors Gwen, and transgender victims of hate crimes everywhere, by speaking out. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. As they were burying her, the men continued to disparage her. [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. "It is for this witness' safety," Sheppard said, during a meeting with journalists in his office. [17] After half an hour, during which Jos Merl later confessed he had sex with Araujo, Brown went to the bathroom, where she discovered Araujo had male genitalia during a forced inspection. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. [69] The fund was closed sometime before September 2020. Gwen Araujo was a transgender teenager from the SF Bay Area who was killed 20 years ago by men who claimed they were deceived by her sexual identity. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. In announcing the bill's introduction they cited the murder of Araujo and the 2008 murder of gay California teen Larry King. This is the life and death story of 17-year-old Gwen Araujo. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Activists decry the decision as a setback for transgender rights. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. [75][76][77] The law put California on record as declaring it contrary to public policy for defendants to be acquitted or convicted of a lesser included offense on the basis of appeals to "societal bias". [13][14] She claimed to be menstruating and during sex would push her partners' hands away from her genitalia to prevent them from discovering that she had a penis. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002) [1] was an American trans teenager who was murdered in Newark, California at the age of 17. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani.According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual . It was just a passing thought, and no one took it seriously, he said. The youngest man charged, Jaron Nabors, then19, led police to Gwens body, hogtied and weighted down with rocks in a shallow grave in the Sierra Nevada foothills, and then testified against the others. Guerrero also knew her daughter had a drinking problem and brought up rehab. Merl refused to answer the prosecutor's questions about how Araujo died. "Mike and Jaron were in front of the door," Merel testified in a Hayward courtroom. Gwens murder and Guerreros advocacy have led to legislative change. 2501 into law. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. The people who alleged to be Araujo's friends often speculated whether or not she was actually a female. Several members of the Kansas-based Westboro Baptist Church picketed Araujo's funeral with hateful placards. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. He took the stand Thursday afternoon -- his 21st birthday -- and described how, the first night he met Araujo that summer, he had gotten the "crazy idea" she might have been a man. The story of Gwen's life has been celebrated and kept alive . Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. I went to high school with you, and you were on the football team. In 2005, California Gov. The jury finds Michael Magidson and Jos Merl guilty of second-degree murder. Referring to Araujo as Lidathe name she had used with themNabors testified that he saw Magidson raising the rope to her neck before he left the garage and that Magidson later told the others "that he had wrapped the rope around Lida's neck and twisted it." A shrine to Gwen Araujo, who was murdered at age 17 in 2002 by four men who discovered she was transgender, rests in her mother's home in Tracy, Calif., on Saturday, Oct. 1, 2022. [11] Jos Merl testified he was cleaning Araujo's blood out of the carpets and couch as Magidson was binding her ankles, prior to her being taken to the garage. Although they were given the option of convicting the men of second-degree murder or manslaughter, they were unable to proceed past the first-degree murder deliberations. She wasnt mad. [65][66], At the request of Guerrero, a judge posthumously changed the victim's legal name to Gwen Amber Rose Araujo on June 23, 2004. All Rights Reserved. Police began to interview the party-goers, and one of them led the police to the Merls' house. [82], Gwen Araujo Memorial Transgender Education Fund. At an early age, he started putting on his mom's makeup and wearing his mom's clothes. Only charge for Nabors. Gwen was going to be 18 soon and had aspirations of going to beauty school. The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. Over the course of the teens life, Guerrero learned how to better support her daughter in a transphobic world. In her death, shes allowed me to see how much I took for granted, Guerrero said. Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. 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