The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. Court adjourned Thursday before Nabors could begin describing the night of the slaying. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. Gwen was going to be 18 soon and had aspirations of going to beauty school. Police then question Nabors, Magidson and Jos Merl. 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 . [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. 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 tr. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. ",[20] and the men with whom she had had sexual relations became enraged and violent. How safe is your neighborhood? 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. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. [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. [13][14] She claimed to be menstruating and during sex would push her partners' hands away from her genitalia to prevent them from discovering that she had a penis. Gwen Araujo's murder brought about several changes in California law. Because a city this offbeat deserves a newsletter with some Jury selection begins for the second trial. [75], In September 2014, California Governor Jerry Brown signed Assembly Bill No. Most people in their neighborhood called her mom.. [12] Later, she engaged in oral sex with Magidson and anal sex with Merl. Ciara-Kiona Purvis September 11, 2022 Interpersonal Communication A Girl Like Me: The Gwen Araujo Story A Girl Like Me: The Gwen Araujo story is based on a true story. [15], During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. Earlier in the day, Alameda Superior Court Judge Harry R. Sheppard ordered the media not to photograph Nabors. [11] The night they met Araujo, she flirted with all four men and they smoked marijuana together. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Initial coverage by several news media outlets described the victim as a cross-dressing man. On their living room sofa, Guerrero and her daughter planned out the future. That's not a world in which I want to live or most people want to live in. 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. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. J. Tony Serra, Cazares' attorney, asked Emmanuel Merel why he had not called police the night of the attack. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. It was raining. According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual activity with Michael Magidson and Jos Merl. 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. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. [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. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. [30], Magidson testified that it was instead Nabors who strangled her and struck her with the shovel,[32] and Cazares testified that he never struck her and did not see her die. 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. She lives in this prison in her own mind.". Magidson, Jos Merl, Cazares and Nabors then drove four hours to the Silver Forks campground in El Dorado National Forest to buy Araujo's body. All Rights Reserved. Under cross-examination, Emmanuel Merel said he had gone to the police two weeks after the slaying because police had wrongly arrested Paul Merel for the crime. Araujo was killed at a house party 14 years ago . This publication will provide readers with the best true crime content on Medium. 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. Jose Merel, 36, was granted parole on Friday with the support of Guerrero, pending a review from the Board of Parole Hearings and Gov. 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. 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. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. During the trial, the defense maintained that Araujo deceived the men into non-consensual sex by not revealing her biological gender and that the men reacted out of rage when they killed her. She left me with no filter, too. [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". Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. LGBTQ+ resources are available: abc7news.com/TakeAction. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. She held her gaze as tears welled in her eyes. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. 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. Sylvia was relentless, Dufty said. When they killed her, Guerrero said, they killed a part of me.. 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. She is born with male genitalia and raised as a boy by her family, who call her Eddie. 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. Turn it off, turn it off, turn it off a male is repeating.. Why Are We Indifferent to Male Rape Victims. What Araujo did not know was that these four had already suspected that she was trans, and . [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. Yet the disability benefits she originally depended on were rejected in court. She says she receives emails from all over the world. Back in Tracy, Guerrero examined a broken taillight on her car while holding her daughters framed picture in her left hand. It was just a passing thought, and no one took it seriously, he said. "[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. The 17-year-old from the San Francisco Bay Area was punched, beaten and. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. "My first impression of her was that she wasn't shy at all," Nabors said. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. Activists decry the decision as a setback for transgender rights. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. She was calm about it.. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. Guerrero has survived in part from a GoFundMe page that raises donations on her behalf. 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. 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. She lost her job as a legal assistant and ended up losing her home. 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. The Gwen Araujo murder trial begins in a Hayward courtroom. "[20] Brown said the four men were out at a club together and did not return to the house until after midnight. [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. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. [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. Araujo's mom reports her missing to police. Now, I express how I feel like she did.. She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. I think it was toxic anyway, keeping all those emotions in. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. Cazares and Nabors have long been out of custody. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. Araujo's remains are cremated. 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." Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. And likely even more have forgotten the woman at the center of the media storm and trial proceedings that followed: Gwens mother. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. Merl refused to answer the prosecutor's questions about how Araujo died. The jury deadlocked 9-3 in favor of also convicting Jason Cazares. It was shocking, Guerrero said. [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. 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. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. Copyright 2023 KGO-TV. 2501 into law. Some call her mom., She didnt die in vain. 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 . [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. The presiding judge issued a gag order barring attorney from talking to the media. When Gwen was murdered that night, it was the beginning of a life sentence for me and my family, Guerrero said. [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? This is the life and death story of 17-year-old Gwen Araujo. [25][26] The last words Merl heard Araujo speak were "I told you I was sorry. Guerrero also knew her daughter had a drinking problem and brought up rehab. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. I don't think most jurors are going to think it's OK to engage someone in sexual activity knowing they assume you have one sexual anatomy when you don't. Guerrero remembers Araujo telling her, "I don't feel like a boy. [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. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. I cant afford it.. That friend told someone else and the rumor of Araujo's murder eventually got back to the family who reported it to police. Gwensmurder spurred the first Trans March in 2003. [70], Sylvia Guerrero, Araujo's mother, worked as a legal assistant at a San Jose law firm, but as of 2016 was homeless due to PTSD from the incident. 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. Loves the Beach. In announcing the bill's introduction they cited the murder of Araujo and the 2008 murder of gay California teen Larry King. The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. The day after the mistrial, a judge grants a request by the mother of Gwen Araujo to legally change her name from Edward Araujo Jr. to Gwen Amber Rose Araujo. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. Make Muse | For Smart + Creative Young Women. [56], On September 12, after a week of deliberation, the jury announced its verdicts. Police began to interview the party-goers, and one of them led the police to the Merls' house. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. Two of the men she had a sexual encounter with. [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. Her family reported her missing, but police had no information about her disappearance until Nabors told a close friend about what happened. "[23], At some point after that, Brown woke Paul Merl, and they left the house with Emmanuel Merl. [65][66], At the request of Guerrero, a judge posthumously changed the victim's legal name to Gwen Amber Rose Araujo on June 23, 2004. Only charge for Nabors. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. 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. Gwen Araujo was a transgender teenager from the SF Bay Area who was killed 20 years ago by men who claimed they were deceived by her sexual identity. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. After she left, Nabors asked the other three "Could this be a dude?" Stuff like that. It was a beautiful conversation that Ill always cherish, Guerrero said. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. 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. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. Guerrero became an advocate for transgender rights. All Rights Reserved. Bevan Dufty is the lead organizer for Tuesdays event and has known Guerrero for years. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. 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. As Judge Harry Sheppard instructed, the verdicts were kept secret. 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. The other two, Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter. Over the next few hours, Araujo was punched and beaten as she tried repeatedly to escape the house. Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. Then while Araujo was in the bathroom, Brown went inside, grabbed her crotch, and reportedly shouted to the group, "It's a man.". 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. [68] By 2005, Guerrero had spoken to more than 20 schools. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." The elderly woman was a victim of recent storms. 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. 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". Her loss has multiplied outside of the public eye in a system unequipped to support her. Neither defendants was convicted of a hate crime. [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. 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. Magidson and Merl were each convicted on the charge of second-degree murder,[57] but not convicted of the hate-crime enhancement allegations. [33], Two days after Araujo was reported missing, a friend of Jaron Nabors described him as appearing distraught. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. Jerry Brown. In 2014, that law was strengthened by Gov. One of the many factors that parole boards consider is the impact on the victims family. 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. [6] Her parents divorced when she was 10 months old. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. ABC7 New York 24/7 Eyewitness News Stream. My daughter in 2002 brought the trans community to the forefront, and changes began since then, said Guerrero, who returns to heractivism for the trans community with a speaking engagement in Fullerton next month. One night Gwen decided to go to a nearby house party. [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". [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. [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". 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. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. Michael Magidson told a parole board on Wednesday that he wasnt ready for release. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. They had met her walking in the middle of the street, drinking a beer. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. [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 the sentencing, Merl apologized to Araujo's family but Magidson did not show any remorse. Police arrested Jose Merel and Magidson, who was accused of strangling Araujo. NEWARK19E-C-18OCT02-MT-HO Did the men REALLY not know the truth about Gwen? 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 . 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. According to Nabors, Magidson "wasn't sure if Lida had died from twisting the rope, but once Jason hit her twice with the shovel, he knew she was dead". Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. Loves to Read. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes. I cant tell youhow many people have told me, because of your daughter, I am free to be who I am.. Guerrero considered Magidson and Jason Cazares the principal actors in the killing. Head injuries to Araujo, whom Guerrero took in for three years when she was 10 months old a of. 2002 murder of Gwen Araujo was punched and beaten as she tried repeatedly to the. A friend of Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter [ ]..., at some point after that, Brown woke Paul Merl, and Cazares teenager named Araujo... 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