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. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. California Gov. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. As Judge Harry Sheppard instructed, the verdicts were kept secret. NEWARK, Calif., -- The murder of Gwen Araujo in 2002 marked a turning point in the fight for transgender rights. 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. Turn it off, turn it off, turn it off a male is repeating.. 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In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. Police arrest a fourth suspect in Araujo's murder, Jason Cazares. 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. "Mike and Jaron were in front of the door," Merel testified in a Hayward courtroom. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. Merl refused to answer the prosecutor's questions about how Araujo died. Gwen felt most accepted as a trans woman in San Francisco, according to her mother. Her hair is dyed black and falls flat against her back. 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. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. On their way home, they purchased breakfast at a McDonald's drive-through window. The program includes police interrogation videos and court evidence not previously seen by the public since the well-publicized trials of her killers more than 15 years ago. At the same time, Gwen's mother suffered from PTSD from the trial. 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. 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. On Tuesday, Sylvia Guerrero will step into the spotlight once again to keep her daughters legacy alive. If it's a man, she ain't gonna leave. In 2005, California Gov. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. 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. [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. 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. Her face lit up, said Lopez, who came out to Gwen in high school. 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. At age 14, Araujo sat down with her mom for a heart-to-heart talk. Below is a timeline of how Gwen's life and death unfolded. When they killed her, Guerrero said, they killed a part of me.. Three men are suspected of killing the 17-year-old who frequently dressed like a young woman. "The first time I saw makeup smeared, I was yelling, 'What's wrong with you?'" [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". She was insistent that the justice system would not ignore or betray her daughter.. 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. [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. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. [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. As the escalator ascended to the street, Gwen transformed. 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. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." 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. Now its a huge trans event that kicks off the San Francisco Pride weekend. She is born with male genitalia and raised as a boy by her family, who call her Eddie. 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. I feel like a freak.". As a young boy, Eddie Araujo always felt like he was different in a way. Sylvia Guerrero spoke at the first Trans March held on the Friday before the Pride Parade in San Francisco. San Mateo County could soon expand direct cash payments to some of its poorest residents, Pittsburg could soon see road and school crosswalk improvements, Opinion: What I learned about myself at the Richard Nixon Library, USC uses defense to upset No. The law, signed by Gov. Writing is not a hobby, but a passion. But her murder is still important today. "[17] The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not. On October 4, 2002, four young men brutally murdered a beautiful, 17-year-old transgender teenager named Gwen Araujo. The 17-year-old from the San Francisco Bay Area was punched, beaten and. On the evening of October 3rd, she attended a house party with a number of other people, including Jaron Nabors, Michael Madison, Paul Merel, and his brother Jose Merel. One night Gwen decided to go to a nearby house party. ". Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. Activists decry the decision as a setback for transgender rights. HAYWARD / Witness tells of friends' anger at being duped / He HAYWARD / Araujo begged for mercy, witness says, THIS IS A HANDOUT IMAGE. The jury deadlocked 7-5 in favor of convicting Magidson on a first-degree murder charge. Gwen Araujo's murder brought about several changes in California law. Arnold Schwarzenegger signs the Gwen Araujo Justice for Victims Act. [58], Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. Sylvia was relentless, Dufty said. [76], Jaron Nabors was released from prison some time before 2016. 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". 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. Socially Sad and Mentally Arrogant: Boys Locker Room, The AFL-CIO must end union representation of law enforcement. 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. People are going to be hard on you, and its not going to be easy. Only charge for Nabors. 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. She just wanted to jump into the crowd.. She is born with male genitalia and raised as a boy by her family, who call her Eddie. [80], Jason Cazares was released from prison in July 2012. Two of the men she had a sexual encounter with. Police arrested Jose Merel and Magidson, who was accused of strangling Araujo. [69] The fund was closed sometime before September 2020. 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. She was loving, vibrant, and beautiful. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. [8], Araujo first met Michael Magidson, Jos Merl, Jaron Nabors, and Jason Cazares in late August or early September 2002. A psychologist called by the defense tells the jury that a young man is likely to panic and overreact with violence if he finds out that a woman he was sexually intimate with turns out to be biologically male. [37][38] Cazares had been identified as a potential witness on October 22. On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. Get the support you need. 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. A recent family photograph shows Eddie Araujo holding his niece Arianna. It was shocking, Guerrero said. 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. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. It was a beautiful conversation that Ill always cherish, Guerrero said. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. [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". A month before Gwens murder, Guerrero decided to talk to Gwen about her future. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. Several members of the Kansas-based Westboro Baptist Church picketed Araujo's funeral with hateful placards. bitea dose of arts, culture and more. Arnold Schwarzenegger signed the Gwen Araujo Justice for Victims Act. If they actually did know, then why did they kill her? This is the life and death story of 17-year-old Gwen Araujo. The Gwen Araujo murder trial begins in a Hayward courtroom. [17][21] Brown was surprised and blurted out, "It's a f man! Gwens mother is one of the victims that transphobic violence leaves behind. "[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. But, at the time, she didn't comprehend the change Araujo was going through. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. By this time, Araujo's mother was able to legally change her daughter's name to Gwen Amber Rose Araujo. That's not a world in which I want to live or most people want to live in. The men had claimed a gay/trans panic, a murder defense later made illegal in California in Gwens name with the help of Guerreros activism. 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. Her older sister, Pearl Sunseri, said Araujo let her hair grow out and started to wear makeup. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. And poor eight-year-old Noah is growing up in the midwest Bible belt . [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. That friend told someone else and the rumor of Araujo's murder eventually got back to the family who reported it to police. The fund's purpose was to support school-based programs in the nine-county Bay Area that promote understanding of transgender people and issues through annual grants. Through this fund, Sylvia Guerrero and her family spoke in middle and high schools about transgender awareness and understanding. [2] He was killed by four men, two of whom he had been sexually intimate with while pretending to be female, who beat and strangled him after discovering that he was actually a biological male. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. This is a carousel. At first, she didnt know how to talk about it. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. 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. Defendants could not claim they were provoked into committing a murder because of the victim's gender identity or sexual orientation. "[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. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. She frequently encounters psychological triggers that derail her days. She was loving, vibrant, and beautiful. We might permanently block any user who abuses these conditions. "When Gwen was murdered that night, it was the beginning of a life sentence for me and my family," Guerrero told the publication. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. Stuff like that. Fred Phelps and the members of Phelps's Westboro Baptist Church promised to picket the funeral,[36] but did not.,[64] there were people there that picket with signs but friends wore angel wings to block casket from signs. Sylvia honors Gwen, and transgender victims of hate crimes everywhere, by speaking out. [30] Magidson hit her head against the living room wall with his knee, rendering her unconscious. [30] At some point, the assault resumed. Sylvia Guerrero had never heard the word transgender until four men murdered her daughter. 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. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. [30] After this, the defendants' testimonies diverge. [8][13] According to Merl, Magidson said he was not sure she was dead until they struck her with a shovel. [52] To avoid a second mistrial, prosecuting attorney Chris Lamiero argued for a first-degree murder conviction, but gave jurors the option of a second-degree murder conviction for the three, or even manslaughter for Merl. I dont have my nails done. [67] Amber Rose was the name Guerrero had chosen before her child was born, in the event it was a girl. She says she is excited to return to actively working on the cause. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. 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. Guerrero always knew Gwens relationship to her gender was different from other kids. Emma Rodrigues, Gwen Araujo's aunt, Statement at sentencing hearing, January 27, 2006[53], The three defendants testified in this trialand blamed each other as well as Nabors. The San Francisco Standard. 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. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. Araujo's murder was compared to the brutal death of Matthew Shepard four years earlier in Laramie, Wyoming. [14], Nabors pleaded guilty on February 24, 2003, to a lesser charge of voluntary manslaughter, which carried an 11-year prison sentence, along with a promise to testify against the other three defendants. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. All Access Digital offer for just 99 cents! "[20] Brown said the four men were out at a club together and did not return to the house until after midnight. [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. Loves to Read. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. [8] Nabors had confessed to a friend what the four had done shortly after returning from the grave site. [8] She began to grow her hair long and planned to undergo hormone treatment and surgery. Any woman that knows you after this, it's not going to matter. 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.. In an interview with the Los Angeles Times, Merl was confident that charges would be dropped. Curating the best of The Standards top-notch reporting, every Saturday. [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. 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. In court, two of the men who strangled, beat and buried the trans teenager claimed gay panic.. 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. 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. The two -- Michael W. Magidson and Jose A. 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