Copyright 2023 KGO-TV. Below, you'll find a timeline of how the life and death of Gwen unfolded. (AP Photo/Anda Chu, Pool) POOL PHOTO, Defendant Jose Merel listens to the testimony of his younger brother, Emmanuel Merel, during Jose Merel's murder trial in Alameda Superior Court on Thursday, April 21, 2004, in Hayward, Calif. Emmanuel Merel testified that he tried to push Eddie "Gwen" Araujo that he tried to push her out the door to safety in the chaos that followed the discovery that she was biologically male. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. [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. 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. Cazares and Nabors were also at the house, as was Paul Merl's girlfriend, Nicole Brown. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. [80], Jason Cazares was released from prison in July 2012. SFs most important stories, delivered straight to your inbox, Sylvia Guerrero, whose transgender daughter Gwen Araujo was murdered in 2002, sits for a portrait with a photo of her daughter on Saturday, Oct.1, 2022, in Tracy, Calif. Araujo, who spent a lot of time in San Francisco as a teenager, was beaten and strangled to death in Newark, Calif., when she was 17 years old. Get the support you need. EDWARD 'GWEN' ARAUJO, JR. Of Newark entered into rest Thursday, October 3, 2002. As they were burying her, the men continued to disparage her. 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. Araujo was born with male genitalia but her immediate family noticed early on. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. [12] Later, she engaged in oral sex with Magidson and anal sex with Merl. The jury deadlocked 9-3 in favor of also convicting Jason Cazares. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. Gwen Araujo was beaten to death by a group of men, two of them ex-lovers of hers, when they found out she used to be a he. NEWARK, Calif. (KGO) -- She was killed 20 years ago. The presiding judge issued a gag order barring attorney from talking to the media. Sylvia honors Gwen, and transgender victims of hate crimes everywhere, by speaking out. Transgender activists educated the family about what it means to be transgender and the proper use of pronouns. [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. 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. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. 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. We might permanently block any user who abuses these conditions. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. Nabors said Cazares and Magidson had first brought Araujo, whom the group knew as an attractive 19-year-old named "Lida," to the Merel home in late August or early September 2002. She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes. [7] Besides English, Jogia speaks some Gujarati and French. Im kind of worried Ill get pulled over, she said, bent over and laughing, but I roll deep with angels.. Guerrero became an advocate for transgender rights. "[22], The party-goers did not report the crime and the assailants said nothing to anyone about the murder. At the sentencing, Merl apologized to Araujo's family but Magidson did not show any remorse. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. At age 14, Araujo sat down with her mom for a heart-to-heart talk. 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. of SF politics and culture. As Judge Harry Sheppard instructed, the verdicts were kept secret. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. Because a city this offbeat deserves a newsletter with some [24][25] He then proceeded to punch her in the face, knocking her to the ground, and put her in a chokehold, but he was pulled off by others. 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. She was killed 20 years ago. She was loving, vibrant, and beautiful. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. Nabors testified that Magidson then strangled Araujo with a rope. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. [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. 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 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. It was just a passing thought, and no one took it seriously, he said. Jose Merel and Magidson had been sexually intimate with Araujo on other occasions. After Araujo was knocked unconscious, Magidson bound her wrists and ankles, then she was wrapped in a comforter to minimize the amount of blood staining the carpet, before being carried to the garage of the home. If you or a loved one are experiencing a mental health crisis and need to connect with a qualified LGBTQ+ crisis responder. The case attracted national attention, both good and bad. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. [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. She lost her job as a legal assistant and ended up losing her home. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. [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. [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. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. 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." Gwens murder and Guerreros advocacy have led to legislative change. 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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. Nabors takes police to the site where they buried Araujo's body. With credit for time served, he was expected to spend approximately five years in jail from that point on. 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. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. PLEASE VERIFY RIGHTS. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. Merl refused to answer the prosecutor's questions about how Araujo died. Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover the body from the grave site. 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. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. Loves the Beach. [61], Jos Merl was granted parole in 2016 with the support of Sylvia Guerrero. The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. [76], Jaron Nabors was released from prison some time before 2016. 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. [8], Paul Merl was released after Brown and Emmanuel Merl told the police that he had left the scene with them. She held her gaze as tears welled in her eyes. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. It was warm out, and the air smelled like basil from a nearby farm. If it's a man, she ain't gonna leave. Jos Merl testified and admitted he was ignorant about his thinking about sexuality at the time of the murder. Araujo was killed at a house party 14 years ago . [23] It is not clear at what point during this sequence of events she died. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Jaron Nabors. [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. Get Morning Report and other email newsletters. Today marks the tenth anniversary of the brutal murder of transgender teenager Gwen Araujo in Newark, California. Guerrero always knew Gwens relationship to her gender was different from other kids. She walked into the house with Late in the night, the men demanded that Araujo drop her pants to prove she was not a man. Guerrero grew up with zero knowledge of gender outside the binary. Two of the men she had a sexual encounter with. 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. In announcing the bill's introduction they cited the murder of Araujo and the 2008 murder of gay California teen Larry King. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. Bevan Dufty is the lead organizer for Tuesdays event and has known Guerrero for years. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. 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. Three men are suspected of killing the 17-year-old who frequently dressed like a young woman. Sylvia Guerrero has faced hardship since Araujo's death. July 4, 1999 At age 14, Eddie tells his mom. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. [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. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. Araujo's remains are cremated. Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. 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. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. [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? Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. 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. 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". In life, Gwen dreamed of being a part of San Franciscos transgender community and its history. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and started to wear makeup. The elderly woman was a victim of recent storms. Guerrero remembers Araujo telling her, "I don't feel like a boy. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. [30] At some point, the assault resumed. She just wanted to jump into the crowd.. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. The four men were outside talking and smoking when Nabors asked, "Could this be a dude?" Only charge for Nabors. Sylvia is the mother of Gwen Araujo. [31] Merl was concerned with cleaning Araujo's blood off the couch[30] and carpet before retreating to his room so the others would not see him crying.[23]. I dont have contacts anymore. [62] Attorney Gloria Allred represented Araujo's family. 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. Analysts compared the strategy to the "gay panic" defense. 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. Use Next and Previous buttons to navigate. "[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. 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. Her father was a mushroom farmer for the Campbell Soup Company in Pescadero, where she was raised. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. A comprehensive rundown As she struggles to heal and support herself, Guerrero has also found a deep appreciation for the impact of Gwens life. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. She lives in this prison in her own mind.". It was a beautiful conversation that Ill always cherish, Guerrero said. Writing is not a hobby, but a passion. 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. a GoFundMe page that raises donations on her behalf. Brandon, then 13, and Michael, then 10, lost their sister and in many ways, their mother. Jerry Brown. In 2014, that law was strengthened by Gov. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. but none of the four men took the thought seriously. 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". 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. 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. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. This is a carousel. She made a promise beside her daughters casket that she would be her voice until people stop dying for who they are. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. [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 17-year-old from the San Francisco Bay Area was punched, beaten and. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. 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 . Some of the trans people say they were thinking of committing suicide before seeing Gwens story. [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. The case became a rallying cry for transgender rights. 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. Dufty was elected as a supervisor in San Francisco a few months after Gwens murder and witnessed the community organizing that followed. That friend told someone else and the rumor of Araujo's murder eventually got back to the family who reported it to police. [34] Confronted with the recording, Nabors agreed to lead authorities to the body[30] on October 15. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. 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. Magidson testified that Nabors admitted he had strangled Araujo. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. People are going to be hard on you, and its not going to be easy. She was loving, vibrant, and beautiful. Gwens mother is one of the victims that transphobic violence leaves behind. 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. Jaron Nabors pleads guilty to voluntary manslaughter and agrees to testify against his three friends in exchange for an 11 year prison term. Loves to Read. 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. Araujo's mom reports her missing to police. 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. After the jury was removed from the courtroom, bailiffs removed the defendants and locked the doors while they escorted Nabors to the stand. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." Prosecutors allege they beat and strangled Araujo, 17 -- who was born Edward Araujo but lived and identified as a young woman -- in the early morning hours of Oct. 4, 2002, before burying her body in the El Dorado National Forest in the Sierra foothills. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. In her death, she has literally saved thousands of lives. Guerrero said. He also said that he and Jose Merel had been alone in a bedroom with Araujo, where they engaged in some flirtatious petting. Justice for Araujo was delayed. The jury is unable to reach a guilty verdict and the judge declares mistrial. 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. [56], On September 12, after a week of deliberation, the jury announced its verdicts. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. And Im still learning.. 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. Her mother found it to be odd but did not put much thought into it. 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. Nobody reported the murder of Gwen Araujo. During a police interrogation, Nabors went into detail about what happened and who was involved. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. At first, she didnt know how to talk about it. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. 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