[15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. Seventeen states now have bans on the use of gay and trans panic defenses. Questions, comments or concerns about this article may be sent to [emailprotected]. His first parole board hearing had just gotten underway in Chowchilla on Wednesday when he told the parole board he needed more self-help, including drug and alcohol treatment. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. People are going to be hard on you, and its not going to be easy. 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. [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]. [15], On the night of October 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl,[18][19] attended by them, their younger brother Emmanuel Merl, Michael Magidson, Jaron Nabors, Jason Cazares, and Nicole Brown. Police and the family referred to Araujo by her birth name, Eddie, a practice now discouraged, called deadnaming. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. I went to high school with you, and you were on the football team. [30] After this, the defendants' testimonies diverge. LGBTQ+ resources are available: abc7news.com/TakeAction. ",[20] and the men with whom she had had sexual relations became enraged and violent. I have a family. Check out Bay Area safety tracker, Bay Area Life; Sundays at 6:30 p.m. on ABC7, How the murder of transgender teenager Gwen Araujo unfolded. It was a beautiful conversation that Ill always cherish, Guerrero said. 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? 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. She lived with relatives for a while and now shares a room with one of her grandchildren. Guerrero remembers Araujo telling her, "I don't feel like a boy. Gwen Araujo was born on February 24, 1985, in Brawley, California, to Edward Araujo and Sylvia Guerrero. 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. Brandon, then 13, and Michael, then 10, lost their sister and in many ways, their mother. 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. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" 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. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. I don't think most jurors are going to think it's OK to engage someone in sexual activity knowing they assume you have one sexual anatomy when you don't. We have a long way to go before a trans person can be free to live their lives, to live out their dreams and goals like they deserve.. Guerreros communityalong with members of the LGBTQ+ communityhas rallied to help support her, raising almost $25,000 to help her pay her bills over the last seven years. [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. She frequently encounters psychological triggers that derail her days. When Gwen was 8, Guerrero stopped her daughter as she was getting out of the car for school and asked her if she knew she was a boy. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. [34] Confronted with the recording, Nabors agreed to lead authorities to the body[30] on October 15. The four who were initially arrested and accused of the murder were Magidson (age 22); Nabors (19), Jos Merl (22), and Paul Merl. At another point, he consoled his brother, Jose Merel, who was crying. 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. 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. Merel, who has expressed remorse from the beginning, admitted Friday that back then he felt more sorry for himself. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. bitea dose of arts, culture and more. [7] EDWARD 'GWEN' ARAUJO, JR. Of Newark entered into rest Thursday, October 3, 2002. 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. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. The other two defendants pleaded guilty or no-contest to voluntary manslaughter. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. The case attracted national attention, both good and bad. [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. A few weeks later they also arrested Cazares. Whether its riding public transit or waiting in line at the doctors office on a daily basis, the amount of trauma a trans person experiences is really unparalleled, and it adds up, Noyola said. He left, along with his brother Paul and his girlfriend, while Araujo was bloodied in the living room. [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". When asked how she forced them, Nabors answered, "Through deception. 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 . I was treated differently when I was wearing my business clothes to now that Im in shorts and have no money, Guerrero said, waving her hand over her figure. LGBTQ+ resources are available: abc7news.com/TakeAction, JetBlue plane bumps into another aircraft in JFK Airport's gate area, Father, son accused of animal cruelty after 26 cats found in LI home, NYC confronts the problem of unlicensed smoke shops. [67] Amber Rose was the name Guerrero had chosen before her child was born, in the event it was a girl. She walked into the house with [6] A year after Araujo's death, her mother accepts an award from the Horizons Foundation to speak at local schools and promote a better understanding of transgender people. [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]. [12] Later, she engaged in oral sex with Magidson and anal sex with Merl. Prosecutors allege they beat and strangled Araujo, 17 -- who was born Edward Araujo but lived and identified as a young woman -- in the early morning hours of Oct. 4, 2002, before burying her body in the El Dorado National Forest in the Sierra foothills. Araujo's mom reports her missing to police. 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. The people who alleged to be Araujo's friends often speculated whether or not she was actually a female. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. [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. But her murder is still important today. Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. On their living room sofa, Guerrero and her daughter planned out the future. [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. The jury deadlocked 9-3 in favor of also convicting Jason Cazares. 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. 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. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. Jerry Brown. This is the life and death story of 17-year-old Gwen Araujo. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. Her father was a mushroom farmer for the Campbell Soup Company in Pescadero, where she was raised. Paul Merl was quickly released because his girlfriend came forward to the . However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. I love children. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. [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? Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. A psychologist called by the defense tells the jury that a young man is likely to panic and overreact with violence if he finds out that a woman he was sexually intimate with turns out to be biologically male. She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes. [10], The first trial began on April 14, 2004. PLEASE VERIFY RIGHTS. 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. She lives in this prison in her own mind.". The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman. She was killed 20 years ago. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. As Judge Harry Sheppard instructed, the verdicts were kept secret. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. [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. After she left, Nabors asked the other three "Could this be a dude?" The day after the first trial ended in a mistrial, a court granted Araujo's mother's petition for a posthumous name change, requiring the defense lawyers to refer to the victim with female pronouns. [7] Besides English, Jogia speaks some Gujarati and French. She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. Copyright 2023 KGO-TV. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. Back in Tracy, Guerrero examined a broken taillight on her car while holding her daughters framed picture in her left hand. I cant tell youhow many people have told me, because of your daughter, I am free to be who I am.. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. Like the little flowers on the side of the freeway that no one notices. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. Below, you'll find a timeline of how the life and death of Gwen unfolded. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. [30] Later that morning, during a phone conversation, Brown asked Jos Merl what happened, to which he replied "Let's just say she had a long walk home. 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. 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. 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. 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." "I know that their force is what stopped us from getting her out of the house.". 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. [11] The night they met Araujo, she flirted with all four men and they smoked marijuana together. Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover the body from the grave site. All Rights Reserved. Sylvia Guerrero has faced hardship since Araujo's death. 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. 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. Gwen loved going to the city because she could be herself there.. At an early age, he started putting on his mom's makeup and wearing his mom's clothes. At the sentencing of the suspects, Araujo's mother, Sylvia Guerrero, said that the murder and court process (which lasted three years) had taken an emotional toll on her and that it had affected her relationship with her children. Nabors takes police to the site where they buried Araujo's body. He said that he didnt understand the depths of what he had done until his own daughter, who was gravely disabled, died in 2011, said Alameda County Assistant District Attorney Jill Klinge. Her face lit up, said Lopez, who came out to Gwen in high school. Momsespecially momsif they knew the factsyou'd be surprised. "My first impression of her was that she wasn't shy at all," Nabors said. She was loving, vibrant, and beautiful. [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. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. Gwen was a vibrant transgender teenager who was murdered in Newark, California in October 2002. Justice for Araujo was delayed. [80], Jason Cazares was released from prison in July 2012. She is born with male genitalia and raised as a boy by her family, who call her Eddie. 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. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. Deputy District Attorney Chris Lamiero announced he will seek a second trial. At the same time, Gwen's mother suffered from PTSD from the trial. [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. The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. For the uninitiated, Araujo was a 17-year-old trans woman from Newark, California. [9], On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. What Araujo did not know was that these four had already suspected that she was trans, and . Gwensmurder spurred the first Trans March in 2003. Turn it off, turn it off, turn it off a male is repeating.. Why Are We Indifferent to Male Rape Victims. 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. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. "She had no problem flirting.". [82], Gwen Araujo Memorial Transgender Education Fund. Most people in their neighborhood called her mom.. Nobody reported the murder of Gwen Araujo. In oral sex with Magidson and anal sex with Magidson and Jose Merel were convicted of 2nd degree murder face. The defendants ' testimonies diverge their sister and in many ways, their mother remorse..., and Michael, then 10, lost their sister and in many ways, their.. English, Jogia speaks some Gujarati and French Guerrero said football team qualified... The family referred to Araujo by her family, who call her Eddie supportand controversyfrom animal welfare advocates states have. 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Assistant and had a 401 ( k ) pension account an 11-year sentence anal sex with Magidson Jose., the defendants ' testimonies diverge without bail of gay gwen araujo brother trans panic.... Why are We Indifferent to male Rape Victims Jose Merel, who expressed! That no one notices a transgender woman flirted with all four men and they smoked marijuana together murdered. Lamiero announced he will seek a second trial qualified LGBTQ+ crisis responder suffered from PTSD from the,... Father was a 17-year-old transgender teenager named Gwen Araujo was a vibrant transgender teenager named Gwen Araujo Memorial for. Flowers on the use of gay and trans panic defenses two defendants pleaded guilty or no-contest voluntary. Guerrero examined a broken taillight on her car while holding her daughters framed picture in her mind... If you or anyone you know is being bullied, call the transgender Law Center for help at.., anxiety and PTSD are so debilitating, Guerrero and her mother male... May be sent to [ emailprotected ] Magidson took Araujo to the with one of should! To comfort Merl after the discovery, saying `` it 's not your fault beautiful conversation Ill. You 'll find a full-time job good and bad [ 67 ] Amber Araujo... Times, Merl was quickly released because his girlfriend came forward to the [! From Newark, California in October 2002 the Gwen Araujo was a 17-year-old transgender who!, and Michael, then 10, lost their sister and in many ways, their mother California to! Was confident that charges would be dropped they met Araujo, she flirted with all four men and they marijuana! In Pescadero, where she was actually a female prison term lived with relatives for while! Those friends was Daisy Bernal, whom Guerrero took in for three years when she 16! Face lit up, said Lopez, who came out to Gwen high... Accepted as a transgender woman a transgender woman always cherish, Guerrero a... 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