I think it was toxic anyway, keeping all those emotions in. Arnold Schwarzenegger signed the Gwen Araujo Justice for Victims Act. [7] Besides English, Jogia speaks some Gujarati and French. In 2010, then-Gov. When Gwen was murdered that night, it was the beginning of a life sentence for me and my family, Guerrero said. They had met her walking in the middle of the street, drinking a beer. As a young boy, Eddie Araujo always felt like he was different in a way. Magidson and Merl were each convicted on the charge of second-degree murder,[57] but not convicted of the hate-crime enhancement allegations. 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. At age 14, Araujo sat down with her mom for a heart-to-heart talk. I love children. [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. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. 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. Her mother released 17 butterflies in her memory. Jerry Brown. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. "[15][24] Jos Merl became angry and struck her in the head with a can of food, denting the can and opening a cut on her head,[24] and then he struck her again with a frying pan. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Emmanuel Merel testified he tried to get Araujo out of the house but was stopped by the other men. [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. As they were burying her, the men continued to disparage her. Nabors takes police to the site where they buried Araujo's body. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. [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. 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. 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. California Gov. Copyright 2023 KGO-TV. 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. [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". [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. She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. 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. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. Two of the men she had a sexual encounter with. Guerrero grew up with zero knowledge of gender outside the binary. [30] At some point, the assault resumed. [30], Nabors received an 11-year sentence on August 25, 2006. Many have since forgotten Gwen. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. I cant afford it.. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. Get the support you need. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. Jaron Nabors. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. This is the life and death story of 17-year-old Gwen Araujo. Gwen was a vibrant transgender teenager who was murdered in Newark, California in October 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. [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. [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 case became a rallying cry for transgender rights. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. Use Next and Previous buttons to navigate. 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. he testified. She walked into the house with [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. "I didn't understand. "Mike and Jaron were in front of the door," Merel testified in a Hayward courtroom. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. [5] The party was also attended by the Merls' younger brother Emmanuel, Michael Magidson, Jaron Nabors, Jason Cazares, and Nicole Brown. 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. 2501 into law. 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. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. 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. The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. 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. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. "She had no problem flirting.". [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]. She lost her job as a legal assistant and ended up losing her home. During a police interrogation, Nabors went into detail about what happened and who was involved. We might permanently block any user who abuses these conditions. Transgender activists educated the family about what it means to be transgender and the proper use of pronouns. 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. 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. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. In life, Gwen dreamed of being a part of San Franciscos transgender community and its history. She was killed 20 years ago. Nobody reported the murder of Gwen Araujo. Transgender activists attended the trial and condemned the strategy to blame Araujo for her own death. 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." "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. 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. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. And poor eight-year-old Noah is growing up in the midwest Bible belt . 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. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. She wasnt mad. All Rights Reserved. The program includes police interrogation videos and court evidence not previously seen by the public since the well-publicized trials of her killers more than 15 years ago. She was loving, vibrant, and beautiful. 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. For the uninitiated, Araujo was a 17-year-old trans woman from Newark, California. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Copyright 2023 KGO-TV. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. We still have a long way to go, because people like Gwen are still being murdered for whothey are and theresfamilies who are suffering like we are, said Guerrero, 52. | Olivia Cruz Mayeda/The Standard, By clicking Subscribe you confirm you have read and agree to our. [34][49] While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated. "I don't want him to be identified in the rec room at Santa Rita (jail).". Guerrero became an advocate for transgender rights. 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. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. of SF politics and culture. Gwens mother is one of the victims that transphobic violence leaves behind. Over the course of the teens life, Guerrero learned how to better support her daughter in a transphobic world. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. Because a city this offbeat deserves a newsletter with some Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. The law requires that juries must be informed that they are forbidden from making decisions based on any victim's gender or sexual orientation. She fought like a guy. Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. The case attracted national attention, both good and bad. Nabors testified that he stated he "couldn't believe that someone would ever do that, would be that deceitful" and that Jos Merl added "he was so mad he could still kick her a couple more times". 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. Justice for Araujo was delayed. The men became suspicious that Araujo was not biologically female because she did not let them touch her genitalia. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. Fred Phelps and the members of Phelps's Westboro Baptist Church ( who also made an appearance in our last article) promised to picket the funeral but thankfully did not. [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. She was calm about it.. 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. A month before Gwens murder, Guerrero decided to talk to Gwen about her future. "It is for this witness' safety," Sheppard said, during a meeting with journalists in his office. Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. In 2014, that law was strengthened by Gov. Activists decry the decision as a setback for transgender rights. [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. Paul Merl was quickly released because his girlfriend came forward to the . "I know that their force is what stopped us from getting her out of the house.". Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. [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. If it's a man, she ain't gonna leave. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. 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. 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". Cherished brother to Pearl and Jesus Serrano of C She lives in this prison in her own mind.". Initial coverage by several news media outlets described the victim as a cross-dressing man. [50], The second trial began on May 31, 2005. A comprehensive rundown Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. but none of the four men took the thought seriously. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. With credit for time served, he was expected to spend approximately five years in jail from that point on. 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. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Court adjourned Thursday before Nabors could begin describing the night of the slaying. 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, 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 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. It's who she was. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" 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. They viciously beat and strangled Gwento death at a Newark house party on Oct. 4,2002, after they confirmed she was biologically male. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Magidson, however, has reportedly never shown remorse and has been denied parole twice since his sentencing. Also at the gathering were Paul's girlfriend, Nicole Brown, and friends Jason Cazares, 22, and Jaron Nabors, 19. [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. 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. Gwen Araujo was born on February 24, 1985, in Brawley, California, to Edward Araujo and Sylvia Guerrero. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. [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. [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. 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. Her face lit up, said Lopez, who came out to Gwen in high school. She made a promise beside her daughters casket that she would be her voice until people stop dying for who they are. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. It was raining. 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. 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". 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. 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. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. Charges against Paul Merel were dropped the following day. Jose Merel and Magidson had been sexually intimate with Araujo on other occasions. [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. She went on to say, "It feels like we lost our mom. 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." The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. 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 is the younger brother of Ketan, a music producer in London. Police began to interview the party-goers, and one of them led the police to the Merls' house. Editors note: A previous version of this story incorrectly noted that Sylvia Guerrero was the youngest of her siblings. [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". 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. In her death, shes allowed me to see how much I took for granted, Guerrero said. According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual activity with Michael Magidson and Jos Merl. I have a family. Did the men REALLY not know the truth about Gwen? All Access Digital offer for just 99 cents! Merl refused to answer the prosecutor's questions about how Araujo died. She frequently encounters psychological triggers that derail her days. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. When asked how she forced them, Nabors answered, "Through deception. Gwens murder played no small part inthe ongoing movement against trans violence and forequality and understanding, said Isa Noyola of theTransgender Law Center. 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. [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. 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