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. She lives in this prison in her own mind.". The Civic Remembrance and call to action for Gwen Araujo will be held Tuesday, Oct. 4, from 4-6 p.m. at San Francisco Main Librarys Koret Auditorium. Late in the night, the men demanded that Araujo drop her pants to prove she was not a man. "She had no problem flirting.". Edward "Gwen" Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. I cant afford it.. Deputy District Attorney Chris Lamiero announced he will seek a second trial. Jaron Nabors. At first, she didnt know how to talk about it. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. but none of the four men took the thought seriously. Nicole Brown, Paul Merl and Emmanual Merl left the house while Araujo was still bleeding in the living room. Court adjourned Thursday before Nabors could begin describing the night of the slaying. Today marks the tenth anniversary of the brutal murder of transgender teenager Gwen Araujo in Newark, California. Araujo's remains are cremated. [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. [15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. 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. [12] Later, she engaged in oral sex with Magidson and anal sex with Merl. Charges against Paul Merel were dropped the following day. (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. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. When asked how she forced them, Nabors answered, "Through deception. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. [48] During his testimony, Nabors said he felt his friends had been raped, since Araujo (whom he referred to as male) "did not come clean with being what he really was. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. It's who she was. [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". The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. 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. [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. She walked into the house with 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. All Rights Reserved. Police began to interview the party-goers, and one of them led the police to the Merls' house. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. It was shocking, Guerrero said. At the same time, Gwen's mother suffered from PTSD from the trial. [30] At some point, the assault resumed. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. [6] Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. 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. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. [9], On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. Questions, comments or concerns about this article may be sent to [emailprotected]. Sylvia Guerrero is seen in San Francisco on Thursday, Oct. 13, 2016. Jury selection begins for the second trial. 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? 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 grew up with zero knowledge of gender outside the binary. [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. Copyright 2023 KGO-TV. 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. She lived with relatives for a while and now shares a room with one of her grandchildren. Many have since forgotten Gwen. Lesser included offense for Cazares and Merl. After several encounters, the men grew suspicious about why she wouldn't let the men touch her parts of her body. [37][38] Cazares had been identified as a potential witness on October 22. 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. During the trial, the defense maintained that Araujo deceived the men into non-consensual sex by not revealing her biological gender and that the men reacted out of rage when they killed her. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. 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. Arnold Schwarzenegger signs the Gwen Araujo Justice for Victims Act. A recent family photograph shows Eddie Araujo holding his niece Arianna. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. 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. She was loving, vibrant, and beautiful. [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. [30] After this, the defendants' testimonies diverge. When trans people are painted in negative, stigmatized portrayals by politicians and so-called legal experts as has happened with ongoing bathroom policy debates the trans community gets marked for ridicule and violence, she said. [52] Serra also argued that Cazares took no active role in killing her. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. "[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". 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. Now its a huge trans event that kicks off the San Francisco Pride weekend. [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 transferred to an alternative high school, but did not return for the 200203 academic year. Memorial for Gwen Araujo Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. Stuff like that. If it's a man, she ain't gonna leave. [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. The jury finds Michael Magidson and Jos Merl guilty of second-degree murder. She was fearless, she was angry. She was killed 20 years ago. Know Your City! | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. [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. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. [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. 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 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. I feel like a freak.". The two -- Michael W. Magidson and Jose A. Merel, both 25 -- were found guilty of second-degree murder for the death of Gwen Araujo, who was born as a male named Eddie Araujo Jr., but who . If they actually did know, then why did they kill her? The other two defendants pleaded guilty or no-contest to voluntary manslaughter. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. While Merl expressed deep sorrow and regret to Araujo's family, Magidson was angry about his verdict and expressed "no remorse" for his role in murdering Araujo, according to presiding Judge Harry Sheppard. Writing is not a hobby, but a passion. It was a beautiful conversation that Ill always cherish, Guerrero said. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. [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. Her loss has multiplied outside of the public eye in a system unequipped to support her. [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. The elderly woman was a victim of recent storms. Back in Tracy, Guerrero examined a broken taillight on her car while holding her daughters framed picture in her left hand. Socially Sad and Mentally Arrogant: Boys Locker Room, The AFL-CIO must end union representation of law enforcement. 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. [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. In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. Prosecuting attorney Lamiero used male pronouns and her birth name to refer to Araujo, saying the defendants had decided "that the wages of [Gwen] Araujo's sin of deception were death". ",[20] and the men with whom she had had sexual relations became enraged and violent. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. [75], In September 2014, California Governor Jerry Brown signed Assembly Bill No. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. [15][29] Brown recalled that after she had left with Paul Merl, they drove around the block and returned to the house to see Nabors and Cazares leaving in Magidson's truck. Get the support you need. The presiding judge issued a gag order barring attorney from talking to the media. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. During a police interrogation, Nabors went into detail about what happened and who was involved. At another point, he consoled his brother, Jose Merel, who was crying. All Rights Reserved. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. Yet the disability benefits she originally depended on were rejected in court. The case attracted national attention, both good and bad. Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. Nabors takes police to the site where they buried Araujo's body. Araujo was killed at a house party 14 years ago . Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. [56], On September 12, after a week of deliberation, the jury announced its verdicts. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. As Judge Harry Sheppard instructed, the verdicts were kept secret. All Rights Reserved. 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. Momsespecially momsif they knew the factsyou'd be surprised. He is expected to resume testimony Monday. "[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. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. Over the course of the teens life, Guerrero learned how to better support her daughter in a transphobic world. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. When Gwen was murdered that night, it was the beginning of a life sentence for me and my family, Guerrero said. Cherished brother to Pearl and Jesus Serrano of C Some call her mom., She didnt die in vain. A few weeks later they also arrested Cazares. Araujo had been hogtied, bludgeoned, strangled to death, and then transported to the remote location to be buried beneath rocks in a shallow grave, The Mercury News reported. [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. [7], Araujo came out as transgender in 1999 at the age of 14, and began using the name Gwen after her favorite musician, Gwen Stefani, but also went by Wendy and Lida. 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. But, at the time, she didn't comprehend the change Araujo was going through. 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 17-year-old from the San Francisco Bay Area was punched, beaten and. Under cross-examination, Emmanuel Merel said he had gone to the police two weeks after the slaying because police had wrongly arrested Paul Merel for the crime. On their living room sofa, Guerrero and her daughter planned out the future. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. [6] Her parents divorced when she was 10 months old. SFs most important stories, delivered straight to your inbox, Sylvia Guerrero, whose transgender daughter Gwen Araujo was murdered in 2002, sits for a portrait with a photo of her daughter on Saturday, Oct.1, 2022, in Tracy, Calif. Araujo, who spent a lot of time in San Francisco as a teenager, was beaten and strangled to death in Newark, Calif., when she was 17 years old. [7] Besides English, Jogia speaks some Gujarati and French. 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. Gwen Araujo's murder brought about several changes in California law. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. Gwen was a vibrant transgender teenager who was murdered in Newark, California in October 2002. 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.