Guerreros communityalong with members of the LGBTQ+ communityhas rallied to help support her, raising almost $25,000 to help her pay her bills over the last seven years. [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. Did the men REALLY not know the truth about Gwen? Below is a timeline of how Gwen's life and death unfolded. NEWARK, Calif. - The 2002 murder of Gwen Araujo marked a turning point in the fight for transgender rights. 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. She is born with male genitalia and raised as a boy by her family, who call her Eddie. Any woman that knows you after this, it's not going to matter. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. [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. At first, she didnt know how to talk about it. Cazares and Nabors were also at the house, as was Paul Merl's girlfriend, Nicole Brown. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. I dont have contacts anymore. [52] Serra also argued that Cazares took no active role in killing her. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. Earlier in the day, Alameda Superior Court Judge Harry R. Sheppard ordered the media not to photograph Nabors. [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. 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. [17][21] Brown was surprised and blurted out, "It's a f man! Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. 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. Initial coverage by several news media outlets described the victim as a cross-dressing man. How safe is your neighborhood? [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. [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. [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". Jos Merl testified and admitted he was ignorant about his thinking about sexuality at the time of the murder. But her murder is still important today. Jose Merel and Magidson had been sexually intimate with Araujo on other occasions. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. Traumatized by her daughters murder in the East Bay city of Newark, the ensuing trials and an onslaught of invasive media attention, Guerrero has had a hard time finding a job. The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. Guerrero also knew her daughter had a drinking problem and brought up rehab. Below, you'll find a timeline of how the life and death of Gwen unfolded. One of the many factors that parole boards consider is the impact on the victims family. A comprehensive rundown [9][10] Her older sister said that she was bullied in junior high school because of her voice and bearing. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. As a young boy, Eddie Araujo always felt like he was different in a way. She lost her job and suffers from post-traumatic stress. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. At one point, he said, he saw Magidson choking Araujo and pulled Magidson's arm off the victim. 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". After several encounters, the men grew suspicious about why she wouldn't let the men touch her parts of her body. Transgender activists attended the trial and condemned the strategy to blame Araujo for her own death. 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 . The Gwen Araujo murder trial begins in a Hayward courtroom. 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 just wanted to jump into the crowd.. [29], Before the first trial, the prosecuting attorney, Alameda County deputy district attorney Chris Lamiero argued that simply being transgender should not have been a death sentence:[44]. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. Today shes an admired activist for transgender causes, even though the horror of Gwens fate has upended her life. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. [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. We might permanently block any user who abuses these conditions. Guerrero is the mother of slain transgender teen Gwen Araujo, 17, of Newark. Charges against Paul Merel were dropped the following day. This is the life and death story of 17-year-old Gwen Araujo. 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. On their way home, they purchased breakfast at a McDonald's drive-through window. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. 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 . She fought like a guy. I feel like a freak.". She wasnt mad. I cant afford it.. Editors note: A previous version of this story incorrectly noted that Sylvia Guerrero was the youngest of her siblings. She transferred to an alternative high school, but did not return for the 200203 academic year. Know Your City! 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. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. Brown grabbed Araujo's crotch during a confrontation in the bathroom and revealed she had male genitalia. He is the younger brother of Ketan, a music producer in London. 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.. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. [25][26] The last words Merl heard Araujo speak were "I told you I was sorry. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. They jury deadlocked once again on Cazares, but this time 9-3 in favor of a conviction. I love children. 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. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. "I didn't understand. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. 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. California Gov. 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". [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. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. Immediately after, she appeared on talk shows and at events with her hair styled, wearing crisp button-downs and leather boots. She got a grant from the Horizons Foundation to speak at schools about what it is like to raise a transgender child and the challenges transgender youth face in society. They had met her walking in the middle of the street, drinking a beer. Years later, Jerry Brown signed legislation as governor that banned the defense strategy altogether. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" Police then question Nabors, Magidson and Jos Merl. "She had no problem flirting.". Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. Here's what happened to Bay Area trans teen Gwen Araujo. Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. 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. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. [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". Her hair is dyed black and falls flat against her back. Justice for Araujo was delayed. Here's what happened to Gwen Araujo, a transgender teen from the San Francisco Bay Area. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. The other two, Jaron Nabors and Jason Cazares, took plea bargains to voluntary manslaughter. The men become enraged and Magidson punched Araujo. Activists decry the decision as a setback for transgender rights. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. Her face lit up, said Lopez, who came out to Gwen in high school. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. 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. Now at 58, she wears flip-flops and jean shorts. "I know that their force is what stopped us from getting her out of the house.". It was raining. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. Late in the night, the men demanded that Araujo drop her pants to prove she was not a man. 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. 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. [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". According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual activity with Michael 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 . [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. Many have since forgotten Gwen. [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. He left, along with his brother Paul and his girlfriend, while Araujo was bloodied in the living room. NEWARK19E-C-18OCT02-MT-HO Araujo was born with male genitalia but her immediate family noticed early on. She left me with no filter, too. In her death, she has literally saved thousands of lives. Guerrero said. 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. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. Only charge for Nabors. This is the narrative that has persisted since shortly after Gwen's murder, but are there reasons to believe that this version of events isn't quite true? The case was also the subject of a 2007 documentary, An episode of the Investigation Discovery channel series, This page was last edited on 13 January 2023, at 04:32. 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. When youre in a big family, youre either going to want a bunch of kids or youre not going to want any, she said. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. Cazares and Nabors have long been out of custody. [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. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. She lives in this prison in her own mind.". They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. Araujo was born with male genitalia but her immediate family noticed early on that she identified more easily with being a girl than a boy. bitea dose of arts, culture and more. Araujo was born with male genitalia but her immediate family noticed early on. Guerrero always knew Gwens relationship to her gender was different from other kids. As Judge Harry Sheppard instructed, the verdicts were kept secret. She was calm about it.. The other two defendants pleaded guilty or no-contest to voluntary manslaughter. [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. Copyright 2023 KGO-TV. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head. The four who were initially arrested and accused of the murder were Magidson (age 22); Nabors (19), Jos Merl (22), and Paul Merl. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. That friend tipped off the police, and agreed to wear a microphone during a subsequent conversation with Nabors about the murder. I dont have my nails done. In life, Gwen dreamed of being a part of San Franciscos transgender community and its history. Some of the trans people say they were thinking of committing suicide before seeing Gwens story. Nobody reported the murder of Gwen Araujo. [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". Gwens murder and Guerreros advocacy have led to legislative change. 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. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. [20] Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom. Several members of the Kansas-based Westboro Baptist Church picketed Araujo's funeral with hateful placards. On their living room sofa, Guerrero and her daughter planned out the future. I was not perfect, Guerrero said, reflecting on that moment decades later. She frequently encounters psychological triggers that derail her days. [8][13] According to Merl, Magidson said he was not sure she was dead until they struck her with a shovel. Edward "Gwen" Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. People are going to be hard on you, and its not going to be easy. Four months later, the jury found Magidson and Merel guilty of second-degree murder. 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. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. "[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". 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. [71], In September 2006, California Governor Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law. This publication will provide readers with the best true crime content on Medium. Nabors takes police to the site where they buried Araujo's body. Just let her go. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. [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. A few weeks later they also arrested Cazares. [7] The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani. [61], Jos Merl was granted parole in 2016 with the support of Sylvia Guerrero. 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. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Over the course of the teens life, Guerrero learned how to better support her daughter in a transphobic world. Because a city this offbeat deserves a newsletter with some ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. 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. When Gwen was 8, Guerrero stopped her daughter as she was getting out of the car for school and asked her if she knew she was a boy. 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. What Araujo did not know was that these four had already suspected that she was trans, and . Stuff like that. [34][49] While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated. 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. The four men were outside talking and smoking when Nabors asked, "Could this be a dude?" 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. Thats OK, Guerrero recalled saying. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. In 2002, she would be brutally murdered by a group of men who uncovered that she was transgender. a GoFundMe page that raises donations on her behalf. This is a carousel. She held her gaze as tears welled in her eyes. But the murder of Gwen Araujo is still important today. (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. Been murdered, they could not agree whether it was premeditated [ 61 ], Gwen dreamed of being part! 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