HANDOUT PHOTO ALSO RAN 10/22/02, 11/19/02, 12/22/02, 10/4/2003, Emmanuel Merel, the younger brother of defendant Jose Merel, testifies in the Eddie "Gwen" Araujo murder trial in Alameda Superior Court Thursday, April 21, 2004, in Hayward, Calif. Emmanuel testified that he tried to push the teenager out the door to safety in the chaos that followed the discovery of Araujo's gender. TIMELINE: How the murder of transgender teenager Gwen Araujo unfolded. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. 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. [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". [62] Attorney Gloria Allred represented Araujo's family. [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. Some of the trans people say they were thinking of committing suicide before seeing Gwens story. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. The four men were outside talking and smoking when Nabors asked, "Could this be a dude?" She made a promise beside her daughters casket that she would be her voice until people stop dying for who they are. "[23], At some point after that, Brown woke Paul Merl, and they left the house with Emmanuel Merl. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. 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. 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. But the murder of Gwen Araujo is still important today. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover the body from the grave site. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. She was calm about it.. To avoid a third trial, Cazares' lawyer reached an agreement with prosecutors for a manslaughter conviction. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. It was warm out, and the air smelled like basil from a nearby farm. 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. Her loss has multiplied outside of the public eye in a system unequipped to support her. Jos Merl testified and admitted he was ignorant about his thinking about sexuality at the time of the murder. Jerry Brown. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. [11] The night they met Araujo, she flirted with all four men and they smoked marijuana together. 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. [23] Merl also said he thought she was still alive until he saw her body in the bed of Magidson's truck. I dont have contacts anymore. Socially Sad and Mentally Arrogant: Boys Locker Room, The AFL-CIO must end union representation of law enforcement. 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. 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 elderly woman was a victim of recent storms. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. The case became a rallying cry for transgender rights. A recent family photograph shows Eddie Araujo holding his niece Arianna. Cherished brother to Pearl and Jesus Serrano of C Here's what happened to Bay Area trans teen Gwen Araujo. The jury finds Michael Magidson and Jos Merl guilty of second-degree murder. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Lopez stood next to her on a packed BART station escalator. What Araujo did not know was that these four had already suspected that she was trans, and . California becomes the first state in the nation to ban a "trans panic" defense. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. Curating the best of The Standards top-notch reporting, every Saturday. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. [30] At some point, the assault resumed. Four months later, the jury found Magidson and Merel guilty of second-degree murder. Justice for Araujo was delayed. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. [15][29] Brown recalled that after she had left with Paul Merl, they drove around the block and returned to the house to see Nabors and Cazares leaving in Magidson's truck. It was just a passing thought, and no one took it seriously, he said. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. The Gwen Araujo murder trial begins in a Hayward courtroom. Activists decry the decision as a setback for transgender rights. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. [15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. He is the younger brother of Ketan, a music producer in London. Nabors and Cazares urged the others to "knock the b out", according to Nabors's testimony. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. [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". "I didn't understand. In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. In 2014, that law was strengthened by Gov. Araujo was killed at a house party 14 years ago . One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. "[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. 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 . Guerrero became an advocate for transgender rights. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. Cazares and Nabors have long been out of custody. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. 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. Her father was a mushroom farmer for the Campbell Soup Company in Pescadero, where she was raised. Araujo was born with male genitalia but her immediate family noticed early on. Momsespecially momsif they knew the factsyou'd be surprised. 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 Amber Rose Araujo was a teenager who lived in Newark, California. This is the life and death story of 17-year-old Gwen Araujo. "When Gwen was murdered that night, it was the beginning of a life sentence for me and my family," Guerrero told the publication. 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. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. Arnold Schwarzenegger signs the Gwen Araujo Justice for Victims Act. The 17-year-old from the San Francisco Bay Area was beaten, punched and eventually choked to death when several men discovered she was a transgender woman. 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Tony Serra, Cazares' attorney, asked Emmanuel Merel why he had not called police the night of the attack. Thats OK, Guerrero recalled saying. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. Now its a huge trans event that kicks off the San Francisco Pride weekend. "[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. [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". 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. [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. We might permanently block any user who abuses these conditions. Prospective jurors were asked if they knew any lesbian, gay, bisexual, or transgender people; whether they knew any recently married same-sex couples; whether they had met any transgender people; or whether they had seen a "movie or theatrical performance depicting the activities of a transgender person". Cazares and Nabors were also at the house, as was Paul Merl's girlfriend, Nicole Brown. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. 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. "She had no problem flirting.". 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. ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. Earlier in the day, Alameda Superior Court Judge Harry R. Sheppard ordered the media not to photograph Nabors. [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. Jury selection begins for the second trial. Now at 58, she wears flip-flops and jean shorts. She is born with male genitalia and raised as a boy by her family, who call her Eddie. "It is for this witness' safety," Sheppard said, during a meeting with journalists in his office. "[54], During the closing statements of the second trial, Cazares' defense lawyer Tony Serra argued that the three defendants were "ordinary human beings" who were guilty, at most, of manslaughter for their role in the death in a "classic state of heat and passion". She was fearless, she was angry. Guerrero sees her daughters legacy firsthand each time the Lifetime movie, A Girl Like Me: The Gwen Araujo Storyairs. 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. 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. The law requires that juries must be informed that they are forbidden from making decisions based on any victim's gender or sexual orientation. Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. In 2005, California Gov. [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? [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. [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". When asked how she forced them, Nabors answered, "Through deception. Nabors testified that Magidson then strangled Araujo with a rope. In 2010, then-Gov. [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. [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 fought like a guy. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. She was loving, vibrant, and beautiful. The San Francisco Standard. All Access Digital offer for just 99 cents! Use Next and Previous buttons to navigate. Make Muse | For Smart + Creative Young Women. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. She went on to say, "It feels like we lost our mom. She lost her job and suffers from post-traumatic stress. 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. Araujo was born with male genitalia but her immediate family noticed early on. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player above.It's also available on the ABC Owned Television Stations' connected TV Apps: ABC7 Bay Area, ABC30 Central California, ABC7 Los Angeles, ABC7 New York, ABC7 Chicago, 6abc Philadelphia, ABC13 Houston, and ABC11 Raleigh-Durham. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. Questions, comments or concerns about this article may be sent to [emailprotected]. Neither defendants was convicted of a hate crime. Sylvia Guerrero is seen in San Francisco on Thursday, Oct. 13, 2016. Nicole Brown, Paul Merl and Emmanual Merl left the house while Araujo was still bleeding in the living room. Publicity by transgender activists was credited with informing the public about the tactics the defense lawyers had adopted to blame Araujo for her own death, changing the approach to the case. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. 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. For the uninitiated, Araujo was a 17-year-old trans woman from Newark, California. [82], Gwen Araujo Memorial Transgender Education Fund. Yet the disability benefits she originally depended on were rejected in court. 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. Police arrested Jose Merel and Magidson, who was accused of strangling Araujo. Gwen Araujo's murder brought about several changes in California law. Memorial for Gwen Araujo Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. [56], On September 12, after a week of deliberation, the jury announced its verdicts. 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. All Rights Reserved. [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. 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. [17][21] Brown was surprised and blurted out, "It's a f man! [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. 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. [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. Paul Merl was quickly released because his girlfriend came forward to the . a GoFundMe page that raises donations on her behalf. At the sentencing, Merl apologized to Araujo's family but Magidson did not show any remorse. Araujo's remains are cremated. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. 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. Copyright 2023 KGO-TV. The law, signed by Gov. [7] Cazares, Magidson, Merl:First trial:MistrialSecond trial: 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. [52] Serra also argued that Cazares took no active role in killing her. Her PTSD and memory problems leave her unable to return to her former career and force her to scrape by with help fromseveral crowdfunding campaigns, including a recent GoFundMe page. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. 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. A month before Gwens murder, Guerrero decided to talk to Gwen about her future. Lesser included offense for Cazares and Merl. Like the little flowers on the side of the freeway that no one notices. The men became suspicious that Araujo was not biologically female because she did not let them touch her genitalia. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. She says she receives emails from all over the world. 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. [17], In the early morning hours of October 4, Magidson asked Araujo to reveal her sex or allow him to touch her genitals, which she refused. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. Several members of the Kansas-based Westboro Baptist Church picketed Araujo's funeral with hateful placards. Sylvia is the mother of Gwen Araujo. Three men are suspected of killing the 17-year-old who frequently dressed like a young woman. [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. [8] She began to grow her hair long and planned to undergo hormone treatment and surgery. [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. Magidson, however, has reportedly never shown remorse and has been denied parole twice since his sentencing. Warm out, and wire and record Nabors talking about the murder several San Francisco on,... He tried to aid Araujo / he testifies others blocked him from rescuing victim was quickly released because girlfriend! Began to grow her hair long and planned to undergo hormone treatment and surgery ]. Trans panic '' defense sent to [ emailprotected ] said that she would be voice... 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