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. In 2010, then-Gov. 2501 into law. [30] After this, the defendants' testimonies diverge. I cant tell youhow many people have told me, because of your daughter, I am free to be who I am.. [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". The four who were initially arrested and accused of the murder were Magidson (age 22); Nabors (19), Jos Merl (22), and Paul Merl. [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]. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. 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. [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. Her face lit up, said Lopez, who came out to Gwen in high school. Edward "Gwen" Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. [34][49] While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated. 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. 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. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. She lost her job as a legal assistant and ended up losing her home. "[20] Brown said the four men were out at a club together and did not return to the house until after midnight. 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. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. 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. [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. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. As Judge Harry Sheppard instructed, the verdicts were kept secret. 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] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. This is the life and death story of 17-year-old Gwen Araujo. [62] Attorney Gloria Allred represented Araujo's family. Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. [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. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. Especially in today's society, she would have been rejected if not harmed had she been so open about it. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. At first, she didnt know how to talk about it. If it's a man, she ain't gonna leave. One can debate the propriety of one choosing to identify with a gender other than the one they were born with. How safe is your neighborhood? [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. I have a family. "I don't want him to be identified in the rec room at Santa Rita (jail).". The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. Now at 58, she wears flip-flops and jean shorts. J. Tony Serra, Cazares' attorney, asked Emmanuel Merel why he had not called police the night of the attack. 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. [1][3] Two of the defendants were convicted of second-degree murder,[4] but not the requested hate-crime enhancements to the charges. Know Your City! "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. [15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. 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. Guerrero sees her daughters legacy firsthand each time the Lifetime movie, A Girl Like Me: The Gwen Araujo Storyairs. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. Jury selection begins for the second trial. In 2002, she would be brutally murdered by a group of men who uncovered that she was transgender. Guerrero has few possessions at this point, but she holds on to the lessons Gwen taught her. Jason Cazares struck a deal with prosecutors to avoid a third trial and accepted a six-year prison sentence for involuntary manslaughter. 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. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. He is the younger brother of Ketan, a music producer in London. [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. All Access Digital offer for just 99 cents! Araujo's murder was compared to the brutal death of Matthew Shepard four years earlier in Laramie, Wyoming. Nabors takes police to the site where they buried Araujo's body. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. It was raining. 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. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. Sylvia is the mother of Gwen Araujo. Lopez stood next to her on a packed BART station escalator. Brown grabbed Araujo's crotch during a confrontation in the bathroom and revealed she had male genitalia. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. Her family reported her missing, but police had no information about her disappearance until Nabors told a close friend about what happened. For the uninitiated, Araujo was a 17-year-old trans woman from Newark, California. Cazares and Nabors have long been out of custody. Merl refused to answer the prosecutor's questions about how Araujo died. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. Neither defendants was convicted of a hate crime. Writing is not a hobby, but a passion. 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. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. Over the next few hours, Araujo was punched and beaten as she tried repeatedly to escape the house. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. 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. Araujo's remains are cremated. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. [82], Gwen Araujo Memorial Transgender Education Fund. [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. 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. Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. Guerrero has survived in part from a GoFundMe page that raises donations on her behalf. Magidson testified that Nabors admitted he had strangled Araujo. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. [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. LGBTQ+ resources are available: abc7news.com/TakeAction. Like the little flowers on the side of the freeway that no one notices. 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. She cant afford the surgery to remove an IUD that should have been taken out in 2005 and has painfully embedded itself in her uterus. [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. She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. [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. The messages offer a glimpse into the government crackdown that spurred a UN probe into human rights abuses. [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. In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. At the same time, Gwen's mother suffered from PTSD from the trial. They are 22-year-old Michael Magidson, 22-year-old Jos Merl, 22-year-old Jason Cazares, and 19-year-old and Jaron Nabors. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" The case attracted national attention, both good and bad. Merel, who has expressed remorse from the beginning, admitted Friday that back then he felt more sorry for himself. [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. 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. Im kind of worried Ill get pulled over, she said, bent over and laughing, but I roll deep with angels.. At first, she didn't know how to talk about it. Momsespecially momsif they knew the factsyou'd be surprised. The jury is unable to reach a guilty verdict and the judge declares mistrial. [6] Get the support you need. 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. 2 Stanford 55-46, Ask Amy: I'm young and hot, and I just got two of my older clients pregnant, Harriette Cole: My husband can't remember what he did on New Year's Eve, and I can't forget, The Bay Area's 10 best new bakeries, from Los Gatos to Danville to Emeryville, Dear Abby: Because of a patio heater, we've been dragged into their messy divorce, Dear Abby: I kept this secret for 30 years, and now I'm devastated by the outcome, Ask Amy: When I saw what was in the gift bag, I sat down and cried, Minnesota boy has slept outside 1,000 nights in a row, despite bugs, a bear and 38-below, Dear Abby: It makes me queasy when my boyfriend sends roses to my office for no reason, Dear Abby: I'm scared she'll find out about my crush and it will ruin everything, Harriette Cole: I'm hurt by my best friend's surprising behavior, AR-15 style rifle marketed for children showcased at Las Vegas gun convention: Despicable, Freshwater fish are significantly more contaminated with toxic forever chemicals than saltwater fish and shellfish, analysis shows, Polar bear killed a woman and a boy after chasing residents in Alaska town, Colorados major ski resorts could get a foot or more of snow this week, WATCH: White shark surprises boy in stunning fishing encounter off Fort Lauderdale, Do Not Sell/Share My Personal Information. We reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. 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. Magidson was called out for being unrepentant at his sentencing and still has not shown remorse, according to Guerrero. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. 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. The case became a rallying cry for transgender rights. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. [52] Serra also argued that Cazares took no active role in killing her. Make Muse | For Smart + Creative Young Women. [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. Police arrested Jose Merel and Magidson, who was accused of strangling Araujo. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. That friend tipped off the police, and agreed to wear a microphone during a subsequent conversation with Nabors about the murder. TIMELINE: How the murder of transgender teenager Gwen Araujo unfolded. [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. Emmanuel Merel said he later had left the house with his older brother, Paul Merel, and the brother's girlfriend, Nicole Brown. California becomes the first state in the nation to ban a "trans panic" defense. 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. The jury finds Michael Magidson and Jos Merl guilty of second-degree murder. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. 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. Also at the gathering were Paul's girlfriend, Nicole Brown, and friends Jason Cazares, 22, and Jaron Nabors, 19. This publication will provide readers with the best true crime content on Medium. In high school, Gwen would regularly ask Guerrero to give her friends advice on their relationships and drama at school. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. 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Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. [61] Magidson was denied parole again in September 2019. Jose Merel hit her in the head with a frying pan and a can of soup. She went on to say, "It feels like we lost our mom. "Mike and Jaron were in front of the door," Merel testified in a Hayward courtroom. Her loss has multiplied outside of the public eye in a system unequipped to support her. A driverless Waymo vehicle nearly drove itself right into a trench at a San Francisco construction site, an Instagram video posted Friday shows. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. 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. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. EDWARD 'GWEN' ARAUJO, JR. Of Newark entered into rest Thursday, October 3, 2002. [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. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. Her father was a mushroom farmer for the Campbell Soup Company in Pescadero, where she was raised. She lost her job and suffers from post-traumatic stress. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. Transgender activists educated the family about what it means to be transgender and the proper use of pronouns. [4][5] In some contemporary news reports and during the first trial of the perpetrators, Gwen Araujo was misgendered and referred to by her deadname. "[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. 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. 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". That friend told someone else and the rumor of Araujo's murder eventually got back to the family who reported it to police. 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. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. 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. Later, when asked why he hadn't done something more to push Araujo out of the doorway, Emmanuel Merel answered, "I gave in. Only charge for Nabors. Many have since forgotten Gwen. 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. 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. Use Next and Previous buttons to navigate. Araujo was born with male genitalia but her immediate family noticed early on. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. All Rights Reserved. The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman.

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