[75], In September 2014, California Governor Jerry Brown signed Assembly Bill No. They viciously beat and strangled Gwento death at a Newark house party on Oct. 4,2002, after they confirmed she was biologically male. [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. Many have since forgotten Gwen. J. Tony Serra, Cazares' attorney, asked Emmanuel Merel why he had not called police the night of the attack. 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. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. Especially in today's society, she would have been rejected if not harmed had she been so open about it. [9], On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. Activists decry the decision as a setback for transgender rights. Over the next few hours, Araujo was punched and beaten as she tried repeatedly to escape the house. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. 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. Gwen Araujo was born on February 24, 1985, in Brawley, California, to Edward Araujo and Sylvia Guerrero. As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. A comprehensive rundown Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. When youre in a big family, youre either going to want a bunch of kids or youre not going to want any, she said. ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. The defense maintains Araujo tricked the defendants into sexual relations. "My first impression of her was that she wasn't shy at all," Nabors 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? 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. At the sentencing, Merl apologized to Araujo's family but Magidson did not show any remorse. Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. She held her gaze as tears welled in her eyes. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. 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. Araujo attended a party at the house Jos Merl shared with his younger brother, Manny, and his older brother Paul, who also had previously engaged in sexual acts with Gwen. 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. Jerry Brown. The San Francisco Standard. Im kind of worried Ill get pulled over, she said, bent over and laughing, but I roll deep with angels.. 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. Even though it took time to adjust to the change, soon they started to see and accept Araujo as a woman. 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 transferred to an alternative high school, but did not return for the 200203 academic year. The case attracted national attention, both good and bad. At first, she didn't know how to talk about it. Emmanuel Merel said he later had left the house with his older brother, Paul Merel, and the brother's girlfriend, Nicole Brown. The men become enraged and Magidson punched Araujo. [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. But, at the time, she didn't comprehend the change Araujo was going through. HAYWARD / Witness tells of friends' anger at being duped / He HAYWARD / Araujo begged for mercy, witness says, THIS IS A HANDOUT IMAGE. She lost her job and suffers from post-traumatic stress. Guerrero has survived in part from a GoFundMe page that raises donations on her behalf. Use Next and Previous buttons to navigate. At age 14, Araujo sat down with her mom for a heart-to-heart talk. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. NEWARK, Calif. (KGO) -- She was killed 20 years ago. 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. 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. Copyright 2023 KGO-TV. [8] She began to grow her hair long and planned to undergo hormone treatment and surgery. Four men brutally murdered her. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani.According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual . [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. Jaron Nabors was sentenced to 11 years in prison. LGBTQ+ resources are available: abc7news.com/TakeAction. Initial coverage by several news media outlets described the victim as a cross-dressing man. Know Your City! [1][3] Two of the defendants were convicted of second-degree murder,[4] but not the requested hate-crime enhancements to the charges. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. Loves to Read. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. [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". They are 22-year-old Michael Magidson, 22-year-old Jos Merl, 22-year-old Jason Cazares, and 19-year-old and Jaron Nabors. [58] After the trial, one of the jurors stated in an interview with the San Francisco Chronicle that the murder conviction was because "The community standard is not and cannot be that killing is something a reasonable person would have done that night" but not hate crimes since the murder was believed to have been committed not because Araujo was transgender, but to "cover up a situation that had gotten out of control". One night Gwen decided to go to a nearby house party. Nabors testified that Magidson strangled her with a rope and that Cazares struck her with a shovel,[11] but Nabors was returning from the garage and did not actually witness the act of strangulation. Paul Merl was quickly released because his girlfriend came forward to the . [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. [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. Also at the gathering were Paul's girlfriend, Nicole Brown, and friends Jason Cazares, 22, and Jaron Nabors, 19. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. Nobody reported the murder of Gwen Araujo. The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. Stuff like that. When Gwen was murdered that night, it was the beginning of a life sentence for me and my family, Guerrero said. Get the support you need. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. Now its a huge trans event that kicks off the San Francisco Pride weekend. [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. 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. 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." [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. Guerrero always knew Gwens relationship to her gender was different from other kids. Araujo was born with male genitalia but her immediate family noticed early on. "[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. On their living room sofa, Guerrero and her daughter planned out the future. I dont have contacts anymore. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. Seventeen states now have bans on the use of gay and trans panic defenses. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. She frequently encounters psychological triggers that derail her days. The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. In 2010, then-Gov. 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. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. Police and the family referred to Araujo by her birth name, Eddie, a practice now discouraged, called deadnaming. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. In her death, shes allowed me to see how much I took for granted, Guerrero said. Four months later, the jury found Magidson and Merel guilty of second-degree murder. Her mother released 17 butterflies in her memory. ABC7 New York 24/7 Eyewitness News Stream. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. [69] The fund was closed sometime before September 2020. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. Guerrero foughtthe possible parole of Magidson but supported parole for Merel, while other family members want neither paroled. It was shocking, Guerrero said. The people who alleged to be Araujo's friends often speculated whether or not she was actually a female. She just wanted to jump into the crowd.. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. She is born with male genitalia and raised as a boy by her family, who call her Eddie. 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. 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