As Judge Harry Sheppard instructed, the verdicts were kept secret. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. [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. Activists decry the decision as a setback for transgender rights. 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. Gwens murder and Guerreros advocacy have led to legislative change. 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. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. [11] Jos Merl testified he was cleaning Araujo's blood out of the carpets and couch as Magidson was binding her ankles, prior to her being taken to the garage. 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". Her depression, anxiety and PTSD are so debilitating, Guerrero hasnt been able to find a full-time job. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. The jury is unable to reach a guilty verdict and the judge declares mistrial. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. Sylvia honors Gwen, and transgender victims of hate crimes everywhere, by speaking out. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. [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. A recent family photograph shows Eddie Araujo holding his niece Arianna. [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. [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. In 2010, then-Gov. At first, she didnt know how to talk about it. 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I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." In announcing the bill's introduction they cited the murder of Araujo and the 2008 murder of gay California teen Larry King. Cherished brother to Pearl and Jesus Serrano of C [8] Police did not initially take the missing persons case seriously partly because she was transgender,[9] and she was known to stay away from home overnight. According to court testimony, Araujo, who presented herself as Lida, engaged in sexual acts with Magidson and his friend, 22-year-old Jose Merel. 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. I think it was toxic anyway, keeping all those emotions in. She held her gaze as tears welled in her eyes. Analysts compared the strategy to the "gay panic" defense. It was a beautiful conversation that Ill always cherish, Guerrero said. 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. 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. Her face lit up, said Lopez, who came out to Gwen in high school. 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. Four months later, the jury found Magidson and Merel guilty of second-degree murder. The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. Merl refused to answer the prosecutor's questions about how Araujo died. We have a long way to go before a trans person can be free to live their lives, to live out their dreams and goals like they deserve.. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. A month before Gwens murder, Guerrero decided to talk to Gwen about her future. When youre in a big family, youre either going to want a bunch of kids or youre not going to want any, she said. Jaron Nabors was sentenced to 11 years in prison. Brandon, then 13, and Michael, then 10, lost their sister and in many ways, their mother. The law, signed by Gov. [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. Neither defendants was convicted of a hate crime. After she left, Nabors asked the other three "Could this be a dude?" PLEASE VERIFY RIGHTS. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. 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. Nabors took the stand under tight security. 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. She was loving, vibrant, and beautiful. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. Gwen was a vibrant transgender teenager who was murdered in Newark, California in October 2002. [22] Brown testified that she warned Araujo that the men were "very angry", but upon exiting through the front door, Araujo was confronted and forced back inside the house by Magidson, Nabors, and Cazares. This is the life and death story of 17-year-old Gwen Araujo. [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. Magidson was called out for being unrepentant at his sentencing and still has not shown remorse, according to Guerrero. California Gov. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. All Rights Reserved. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. The San Francisco Standard. Jerry Brown. 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". [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. Turn it off, turn it off, turn it off a male is repeating.. Why Are We Indifferent to Male Rape Victims. Nabors testified that Magidson then strangled Araujo with a rope. It instructed jurors not to let bias against a victim's gender identity or sexual orientation influence their decisions. [23], She was then placed in the bed of a pick-up truck, and the four men drove her body four hours away, burying her near the Sierra Nevada mountains in a shallow grave in the El Dorado National Forest near Silver Fork Road in El Dorado County. The four who were initially arrested and accused of the murder were Magidson (age 22); Nabors (19), Jos Merl (22), and Paul Merl. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. [37][38] Cazares had been identified as a potential witness on October 22. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player above and 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. As they were burying her, the men continued to disparage her. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. Gwens murder played no small part inthe ongoing movement against trans violence and forequality and understanding, said Isa Noyola of theTransgender Law Center. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. Editors note: A previous version of this story incorrectly noted that Sylvia Guerrero was the youngest of her siblings. [15][16], Nicole Brown, who was dating Paul Merl (Jos's older brother) and was acquainted with Araujo, said that she and Araujo had engaged in a physical fight after Brown challenged Araujo to strip for the men. Copyright 2023 KGO-TV. [8] According to The Start, Jogia was a student at Killarney Secondary School until age 17 when he left to pursue acting full-time, having already gained a number of small television credits. Gwen was going to be 18 soon and had aspirations of going to beauty school. he testified. She walked into the house with It was raining. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. Some call her mom., She didnt die in vain. I feel like a freak.". 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. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. Later, when asked why he hadn't done something more to push Araujo out of the doorway, Emmanuel Merel answered, "I gave in. I love children. Even though it took time to adjust to the change, soon they started to see and accept Araujo as a woman. Nabors takes police to the site where they buried Araujo's body. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. Her loss has multiplied outside of the public eye in a system unequipped to support her. ABC7 New York 24/7 Eyewitness News Stream. HAYWARD / Witness tells of friends' anger at being duped / He HAYWARD / Araujo begged for mercy, witness says, THIS IS A HANDOUT IMAGE. [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. In 2002, she would be brutally murdered by a group of men who uncovered that she was transgender. She says she is excited to return to actively working on the cause. I was treated differently when I was wearing my business clothes to now that Im in shorts and have no money, Guerrero said, waving her hand over her figure. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. [19], TransVision, a comprehensive health and social services program for transgender people in Alameda County, was founded in 2002 and operated by Tri-City Health Center after the murder of Gwen Araujo. And poor eight-year-old Noah is growing up in the midwest Bible belt . Gwen Araujo was a 17-year-old transgender woman from Newark, California. Her mother released 17 butterflies in her memory. Several members of the Kansas-based Westboro Baptist Church picketed Araujo's funeral with hateful placards. 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. 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. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. Gwen Araujo was born on February 24, 1985, in Brawley, California, to Edward Araujo and Sylvia Guerrero. 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 . It was shocking, Guerrero said. [8], The Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover Araujo's body from the grave site. LGBTQ+ resources are available: abc7news.com/TakeAction. 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. [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". Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. The jury deadlocked 9-3 in favor of also convicting Jason Cazares. This is the life and death story of 17-year-old Gwen Araujo. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. [9], On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. [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". Use Next and Previous buttons to navigate. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. All Access Digital offer for just 99 cents! She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes. In 2005, California Gov. Nobody reported the murder of Gwen Araujo. A driverless Waymo vehicle nearly drove itself right into a trench at a San Francisco construction site, an Instagram video posted Friday shows. 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. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. When Gwen was murdered that night, it was the beginning of a life sentence for me and my family, Guerrero said. [62] Attorney Gloria Allred represented Araujo's family. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. [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. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. Four men brutally murdered her. 2501 into law. 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. The story of Gwen's life has been celebrated and kept alive . 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. Stuff like that. Most people in their neighborhood called her mom.. She frequently encounters psychological triggers that derail her days. Momsespecially momsif they knew the factsyou'd be surprised. 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. I never heard of the word transgender until she died.". On Tuesday, Sylvia Guerrero will step into the spotlight once again to keep her daughters legacy alive. Guerrero has few possessions at this point, but she holds on to the lessons Gwen taught her. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Nicole Brown, Paul Merl and Emmanual Merl left the house while Araujo was still bleeding in the living room. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. [30] After this, the defendants' testimonies diverge. Jose Merel and Magidson had been sexually intimate with Araujo on other occasions. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. Emmanuel Merel testified he tried to get Araujo out of the house but was stopped by the other men. [11] The night they met Araujo, she flirted with all four men and they smoked marijuana together. 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". [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. [30] Cazares kicked her. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. Check out Bay Area safety tracker, Bay Area Life; Sundays at 6:30 p.m. on ABC7, How the murder of transgender teenager Gwen Araujo unfolded. [80], Jason Cazares was released from prison in July 2012. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. The youngest man charged, Jaron Nabors, then19, led police to Gwens body, hogtied and weighted down with rocks in a shallow grave in the Sierra Nevada foothills, and then testified against the others. [61] Magidson was denied parole again in September 2019. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and started to wear makeup. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. [56], On September 12, after a week of deliberation, the jury announced its verdicts. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. 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. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. That friend tipped off the police, and agreed to wear a microphone during a subsequent conversation with Nabors about the murder. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. [50], The second trial began on May 31, 2005. It's who she was. She was killed 20 years ago. [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? 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. Just let her go. 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. 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. I was not perfect, Guerrero said, reflecting on that moment decades later. In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. 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