The other two, Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter. I dont have my nails done. Deputy District Attorney Chris Lamiero announced he will seek a second trial. She frequently encounters psychological triggers that derail her days. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. 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. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. [6] Her parents divorced when she was 10 months old. 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. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. [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. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. Gwens murder played no small part inthe ongoing movement against trans violence and forequality and understanding, said Isa Noyola of theTransgender Law Center. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. This is a carousel. Guerrero foughtthe possible parole of Magidson but supported parole for Merel, while other family members want neither paroled. The people who alleged to be Araujo's friends often speculated whether or not she was actually a female. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. The San Francisco Standard. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. But, at the time, she didn't comprehend the change Araujo was going through. And Im still learning.. She lost her job and suffers from post-traumatic stress. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. Today marks the tenth anniversary of the brutal murder of transgender teenager Gwen Araujo in Newark, California. Activists decry the decision as a setback for transgender rights. The story of Gwen's life has been celebrated and kept alive . NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. This is the life and death story of 17-year-old Gwen Araujo. Use Next and Previous buttons to navigate. 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." But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. She made a promise beside her daughters casket that she would be her voice until people stop dying for who they are. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. Jaron Nabors. [80], Jason Cazares was released from prison in July 2012. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." 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. He also said that he and Jose Merel had been alone in a bedroom with Araujo, where they engaged in some flirtatious petting. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. Questions, comments or concerns about this article may be sent to [emailprotected]. Some of the trans people say they were thinking of committing suicide before seeing Gwens story. [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". Cazares and Nabors have long been out of custody. 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. [56], On September 12, after a week of deliberation, the jury announced its verdicts. All Rights Reserved. [76], Jaron Nabors was released from prison some time before 2016. Magidson was called out for being unrepentant at his sentencing and still has not shown remorse, according to Guerrero. The jury is unable to reach a guilty verdict and the judge declares mistrial. Some call her mom., She didnt die in vain. 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. In her death, she has literally saved thousands of lives. Guerrero said. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. Editors note: A previous version of this story incorrectly noted that Sylvia Guerrero was the youngest of her siblings. Any woman that knows you after this, it's not going to matter. Gwen was going to be 18 soon and had aspirations of going to beauty school. At another point, he consoled his brother, Jose Merel, who was crying. [69] The fund was closed sometime before September 2020. Her face lit up, said Lopez, who came out to Gwen in high school. [7] Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. When Araujo was killed, Newark Memorial High School was preparing to stage a play on Shepard's death and the community drew comparisons between what happened to Shepard and how Araujo was killed. Her hair is dyed black and falls flat against her back. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. [22], When Nabors and Cazares returned, Araujo was still conscious, bleeding from her head wound and sitting on the couch. Her family reported her missing, but police had no information about her disappearance until Nabors told a close friend about what happened. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani. ",[20] and the men with whom she had had sexual relations became enraged and violent. She was insistent that the justice system would not ignore or betray her daughter.. 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. That's not a world in which I want to live or most people want to live in. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. In her death, shes allowed me to see how much I took for granted, Guerrero said. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. Turn it off, turn it off, turn it off a male is repeating.. Why Are We Indifferent to Male Rape Victims. Her mother found it to be odd but did not put much thought into it. Jason Cazares struck a deal with prosecutors to avoid a third trial and accepted a six-year prison sentence for involuntary manslaughter. Transgender activists educated the family about what it means to be transgender and the proper use of pronouns. Get the support you need. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. 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". All Access Digital offer for just 99 cents! Then while Araujo was in the bathroom, Brown went inside, grabbed her crotch, and reportedly shouted to the group, "It's a man.". Copyright 2023 KGO-TV. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. TIMELINE: How the murder of transgender teenager Gwen Araujo unfolded. Paul Merl was quickly released because his girlfriend came forward to the . [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. At least 48 trans people were killed in 2021, making it the deadliest year for transgender people in the United States, where the majority of victims are Black and Latinx. Sylvia was relentless, Dufty said. California becomes the first state in the nation to ban a "trans panic" defense. In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. 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. Because a city this offbeat deserves a newsletter with some In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. Jerry Brown. Nabors took the stand under tight security. 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. This is where I sleep now, she said, pointing to the bare floor of her sons living room. The law requires that juries must be informed that they are forbidden from making decisions based on any victim's gender or sexual orientation. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. "[23], At some point after that, Brown woke Paul Merl, and they left the house with Emmanuel Merl. "My first impression of her was that she wasn't shy at all," Nabors said. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. Guerrero remembers Araujo telling her, "I don't feel like a boy. he testified. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. (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. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. She was killed 20 years ago. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. 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. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. He is the younger brother of Ketan, a music producer in London. 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[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. All Rights Reserved. She says she receives emails from all over the world. [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]. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. 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. 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. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. [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. [1][3] Two of the defendants were convicted of second-degree murder,[4] but not the requested hate-crime enhancements to the charges. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. Even though it took time to adjust to the change, soon they started to see and accept Araujo as a woman. 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. She left me with no filter, too. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. Michael Magidson, 23, Jose Merel, 24, and Jason Cazares, 24, are on trial for murder in the killing of the 17-year-old 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. Guerrero considered Magidson and Jason Cazares the principal actors in the killing. Cherished brother to Pearl and Jesus Serrano of C A few weeks later they also arrested Cazares. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. 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. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. "I know that their force is what stopped us from getting her out of the house.". [63] Cazares asked to begin serving his sentence after the birth of his third child, scheduled for March or April 2006, which was granted,[53] although Lamiero noted "it's difficult for me to entertain a request like that when Gwen Araujo is dead". Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. 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. According to court testimony, Araujo, who presented herself as Lida, engaged in sexual acts with Magidson and his friend, 22-year-old Jose Merel. [19][42][43] During the formal entry of his plea, Judge Kenneth Burr warned Nabors that he could still be charged with murder if prosecutors found he was not "living up to your end of the bargain". [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. "[15] According to Nabors, Magidson added "I don't know what I'm going to do", and Nabors replied, "Whatever you do, make sure you don't make a mess. [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. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. 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. 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. 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. Get the support you need. This is the life and death story of 17-year-old Gwen Araujo. Loves to Read. [36], After he was arrested, Nabors wrote a letter to a girlfriend in which he stated the defendants had discussed a "Soprano-type plan" to "kill the b and get rid of her body". Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. I feel like a freak.". A recent family photograph shows Eddie Araujo holding his niece Arianna. Only 17 years old at the time of her death, today Gwen would be a 27-year-old young woman had her life not been brutally taken by four men who discovered she was born male. [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]. Sylvia is the mother of Gwen Araujo. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. 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