"Mike and Jaron were in front of the door," Merel testified in a Hayward courtroom. [48] During his testimony, Nabors said he felt his friends had been raped, since Araujo (whom he referred to as male) "did not come clean with being what he really was. Initial coverage by several news media outlets described the victim as a cross-dressing man. Sylvia honors Gwen, and transgender victims of hate crimes everywhere, by speaking out. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and started to wear makeup. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. 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. She lives in this prison in her own mind.". 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 . [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. Four men brutally murdered her. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. "[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". Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. [67] Amber Rose was the name Guerrero had chosen before her child was born, in the event it was a girl. One of the defense attorneys explained the last question had specifically asked if prospective jurors had watched the film Boys Don't Cry or the play The Laramie Project, but was changed over defense concerns that by being so specific, those who had not would be prompted to watch them. California becomes the first state in the nation to ban a "trans panic" defense. [23] It is not clear at what point during this sequence of events she died. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. 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. He left, along with his brother Paul and his girlfriend, while Araujo was bloodied in the living room. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. He also said that he and Jose Merel had been alone in a bedroom with Araujo, where they engaged in some flirtatious petting. Below, you'll find a timeline of how the life and death of Gwen unfolded. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. A recent family photograph shows Eddie Araujo holding his niece Arianna. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. 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. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. Bevan Dufty is the lead organizer for Tuesdays event and has known Guerrero for years. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. Yet the disability benefits she originally depended on were rejected in court. And likely even more have forgotten the woman at the center of the media storm and trial proceedings that followed: Gwens mother. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. 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. Court adjourned Thursday before Nabors could begin describing the night of the slaying. While Merl expressed deep sorrow and regret to Araujo's family, Magidson was angry about his verdict and expressed "no remorse" for his role in murdering Araujo, according to presiding Judge Harry Sheppard. Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. Deputy District Attorney Chris Lamiero announced he will seek a second trial. 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. [62] Attorney Gloria Allred represented Araujo's family. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. As they were burying her, the men continued to disparage her. [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. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. [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. Cazares and Nabors have long been out of custody. Araujo's funeral is held at St. Edward's Catholic Church in Newark. 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. The presiding judge issued a gag order barring attorney from talking to the media. On the night of Oct. 3, the men decided to confront Araujo about their suspicions during a party at the house Jose Merel shared with younger brother, Emmanuel, and older brother, Paul, who also previously engaged in sexual acts with Araujo. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. This is where I sleep now, she said, pointing to the bare floor of her sons living room. [50], The second trial began on May 31, 2005. Nicole Brown, Paul Merl and Emmanual Merl left the house while Araujo was still bleeding in the living room. [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. The two -- Michael W. Magidson and Jose A. Merel, both 25 -- were found guilty of second-degree murder for the death of Gwen Araujo, who was born as a male named Eddie Araujo Jr., but who . bitea dose of arts, culture and more. Araujo's murder was compared to the brutal death of Matthew Shepard four years earlier in Laramie, Wyoming. Gwen was going to be 18 soon and had aspirations of going to beauty school. Guerrero grew up with zero knowledge of gender outside the binary. [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. At a vigil later that evening at the LGBT Center in San Francisco, advocated lamented the men were not convicted of first-degree murder but still called the verdict a huge victory for the transgender rights. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. When youre in a big family, youre either going to want a bunch of kids or youre not going to want any, she said. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. The elderly woman was a victim of recent storms. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. They viciously beat and strangled Gwento death at a Newark house party on Oct. 4,2002, after they confirmed she was biologically male. She was loving, vibrant, and beautiful. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. Dufty was elected as a supervisor in San Francisco a few months after Gwens murder and witnessed the community organizing that followed. She was calm about it.. 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. Memorial for Gwen Araujo Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. A psychologist called by the defense tells the jury that a young man is likely to panic and overreact with violence if he finds out that a woman he was sexually intimate with turns out to be biologically male. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. 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. Araujo was eventually strangled to death with a rope, tied up and taken by four of the men -- Jose Merel, Magidson, Cazares and Nabors -- in the back of a pickup truck to a camping area in the El Dorado National Forest where they buried her body. Because a city this offbeat deserves a newsletter with some 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. 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. At the sentencing, Merl apologized to Araujo's family but Magidson did not show any remorse. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. [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. I always have.. 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. [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? Still, there have been nearly 25slayings of transgender people in the United States so far in 2016 alone, according to Noyola, including the killing of Brandi Bledsoe in Cleveland last week. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. I dont have my nails done. [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". The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. [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". A few weeks later they also arrested Cazares. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. [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. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. In her third year of living as a woman, Araujo began hanging out with several men that she met in the late summer of 2002. She says she receives emails from all over the world. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. Sunseri said. 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. One can debate the propriety of one choosing to identify with a gender other than the one they were born with. At an early age, he started putting on his mom's makeup and wearing his mom's clothes. [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. Emmanuel Merel said he later had left the house with his older brother, Paul Merel, and the brother's girlfriend, Nicole Brown. She lived with relatives for a while and now shares a room with one of her grandchildren. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. 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. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. Sylvia Guerrero has faced hardship since Araujo's death. 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. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. Now at 58, she wears flip-flops and jean shorts. On Tuesday, trans rights advocates and Gwens loved ones will gather at San Franciscos Main Library to honor her legacy on the anniversary of her murder. Araujo was born with male genitalia but her immediate family noticed early 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. Sylvia was relentless, Dufty said. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. It was warm out, and the air smelled like basil from a nearby farm. [80], Jason Cazares was released from prison in July 2012. 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. [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. [61][81], Michael Magidson said he was not ready for release at his parole board hearing in 2016, and his request for parole was also opposed by Guerrero. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. One night Gwen decided to go to a nearby house party. but none of the four men took the thought seriously. She was insistent that the justice system would not ignore or betray her daughter.. 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. 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. What Araujo did not know was that these four had already suspected that she was trans, and . [7], Araujo came out as transgender in 1999 at the age of 14, and began using the name Gwen after her favorite musician, Gwen Stefani, but also went by Wendy and Lida. 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. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. [30] Cazares kicked her. NEWARK, Calif. (KGO) -- She was killed 20 years ago. 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 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. At another point, he consoled his brother, Jose Merel, who was crying. He is expected to resume testimony Monday. "It is for this witness' safety," Sheppard said, during a meeting with journalists in his office. Especially in today's society, she would have been rejected if not harmed had she been so open about it. 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". 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. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. She was killed 20 years ago. She frequently encounters psychological triggers that derail her days. A shrine to Gwen Araujo, who was murdered at age 17 in 2002 by four men who discovered she was transgender, rests in her mother's home in Tracy, Calif., on Saturday, Oct. 1, 2022. Know Your City! Neither defendants was convicted of a hate crime. [68] By 2005, Guerrero had spoken to more than 20 schools. 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. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. Cherished brother to Pearl and Jesus Serrano of C Edward "Gwen" Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. The 17-year-old from the San Francisco Bay Area was punched, beaten and. 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 . [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. She was fearless, she was angry. I dont have contacts anymore. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." Curating the best of The Standards top-notch reporting, every Saturday. Now its a huge trans event that kicks off the San Francisco Pride weekend. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. Late in the night, the men demanded that Araujo drop her pants to prove she was not a man. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. Jerry Brown. On their way home, they purchased breakfast at a McDonald's drive-through window. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and to... 15 years to Civic Center where a rally was held proceedings that followed: Gwens mother Tuesdays and! Transitioning as a woman and called herself Gwen, after reportedly showing extensive to... 31, 2005 court adjourned Thursday before Nabors could begin describing the night of gay! [ 50 ], the men questioned Araujo and demanded to know if she is gwen araujo brother male it! Choking Araujo and pulled Magidson 's arm off the victim hardship since Araujo 's funeral held! 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