She walked into the house with [30] Cazares kicked her. Gwens murder and Guerreros advocacy have led to legislative change. 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. [33], Two days after Araujo was reported missing, a friend of Jaron Nabors described him as appearing distraught. They also deadlocked 7-5 in favor of convicting Magidson of first-degree murder. Memorial for Gwen Araujo Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. 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. 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 . It was a beautiful conversation that Ill always cherish, Guerrero said. [23] Merl also said he thought she was still alive until he saw her body in the bed of Magidson's truck. All Access Digital offer for just 99 cents! Over the course of the trial, defense attorney Tony Serra, who represented Jason Cazares, attacked the credibility of Jaron Nabors, whom he accused of being the primary aggressor and blaming his friends for the murder. [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. but none of the four men took the thought seriously. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. Guerrero is the mother of slain transgender teen Gwen Araujo, 17, of Newark. In her death, shes allowed me to see how much I took for granted, Guerrero said. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. 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. Merl was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. The men became suspicious that Araujo was not biologically female because she did not let them touch her genitalia. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. Guerrero sees her daughters legacy firsthand each time the Lifetime movie, A Girl Like Me: The Gwen Araujo Storyairs. Araujo's funeral is held at St. Edward's Catholic Church in Newark. Jason Cazares struck a deal with prosecutors to avoid a third trial and accepted a six-year prison sentence for involuntary manslaughter. And likely even more have forgotten the woman at the center of the media storm and trial proceedings that followed: Gwens mother. I dont have contacts anymore. As the escalator ascended to the street, Gwen transformed. One of those friends was Daisy Bernal, whom Guerrero took in for three years when she was 16. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. 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. At first, she didnt know how to talk about it. As a young boy, Eddie Araujo always felt like he was different in a way. Gwens mother is one of the victims that transphobic violence leaves behind. LGBTQ+ resources are available: abc7news.com/TakeAction. The San Francisco Standard. Emmanuel Merel said he later had left the house with his older brother, Paul Merel, and the brother's girlfriend, Nicole Brown. Seventeen states now have bans on the use of gay and trans panic defenses. But, at the time, she didn't comprehend the change Araujo was going through. Today marks the tenth anniversary of the brutal murder of transgender teenager Gwen Araujo in Newark, California. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. A recent family photograph shows Eddie Araujo holding his niece Arianna. [17][21] Brown was surprised and blurted out, "It's a f man! 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. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. Jury selection for the trial of Magidson, Jos Merl, and Cazares began on March 15, 2004. Today shes an admired activist for transgender causes, even though the horror of Gwens fate has upended her life. In 2005, California Gov. She says she is excited to return to actively working on the cause. ",[20] and the men with whom she had had sexual relations became enraged and violent. 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. It had deadlocked on Cazares, voting 93 in favor of convicting him for murder. 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. Manny later testified that he tried to get Araujo out of the house but was stopped by the other men. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. She was calm about it.. Nabors described how Araujo had locked lips with all four of the men that night to blow marijuana smoke into their mouths in what he described as a "power hit." [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]. "She had no problem flirting.". [11] The night they met Araujo, she flirted with all four men and they smoked marijuana together. 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. EDWARD 'GWEN' ARAUJO, JR. Of Newark entered into rest Thursday, October 3, 2002. 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. A driverless Waymo vehicle nearly drove itself right into a trench at a San Francisco construction site, an Instagram video posted Friday shows. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Guerrero, who was making good money as a legal assistant at a San Jose law firm when Gwen died, is now homeless, shuttling her neatly packed belongings between relatives homes in a friends borrowed car. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. [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. She went on to say, "It feels like we lost our mom. [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". Jose Merel hit her in the head with a frying pan and a can of soup. "[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. LGBTQ+ resources are available: abc7news.com/TakeAction, JetBlue plane bumps into another aircraft in JFK Airport's gate area, Father, son accused of animal cruelty after 26 cats found in LI home, NYC confronts the problem of unlicensed smoke shops. This is a carousel. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. [19], TransVision, a comprehensive health and social services program for transgender people in Alameda County, was founded in 2002 and operated by Tri-City Health Center after the murder of Gwen Araujo. 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. "[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. She made a promise beside her daughters casket that she would be her voice until people stop dying for who they are. [12], Jos Merl vomited upon learning Araujo was anatomically male, then began to cry in disbelief,[23] saying "I can't be f gay. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. Transgender activists attended the trial and condemned the strategy to blame Araujo for her own death. bitea dose of arts, culture and more. Especially in today's society, she would have been rejected if not harmed had she been so open about it. Momsespecially momsif they knew the factsyou'd be surprised. At the same time, Gwen's mother suffered from PTSD from the trial. 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. [37][38] Cazares had been identified as a potential witness on October 22. One night Gwen decided to go to a nearby house party. 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. History of transgender people in the United States, History of violence against LGBT people in the United States, List of people killed for being transgender, "Two Guilty of Murder in Death of a Transgender Teenager", "Trying to Understand Eddie's Life and Death", "Slain Newark teen balanced between two worlds", "Case of slain transgender teen could go to a jury this week", "HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim", "HAYWARD / Defense calls transgender victim guilty of 'deception and betrayal', "HAYWARD / Defense grills star witness in teen murder trial / 'You're lying,' lawyer says to man who pleaded guilty", "Guilty plea in transgender killing / Defendant makes deal, testifies against friends", "3 Are Charged In Death of Man Who Dressed Like a Woman", "One year since transgender teen's death / Gwen Araujo's family still struggling to cope", "HAYWARD / Witness tells of friends' anger at being duped / He says 2 were mad their sex partner was biologically male", "Witness tells how she learned transgender teen was male", "Slain teen's last night recounted / Witness testifies on events leading to killing of transgender youth", "HAYWARD / Transgender teen did nothing 'to deserve death' / But 1 accused killer said he vomited on finding she was male", "Man Testifies on His Role in Teen's Death", "Witness details slaying of transgender teenager", "Three sentenced to prison in Araujo slaying", "Attack Witnesses Unlikely to Face Criminal Charges", "11 years for defendant in Araujo killing", "Chilling time line of a killing / Death of transgender teen described in grisly detail", "Defendant says prosecution witness admitted killing Araujo", "3 Charged in Beating Death of Boy, 17, Who Lived as a Girl", "Man Pleads Not Guilty in Slaying of Transgender Bay Area Teenager", "Fourth Arrest Made in Transgender Killing", "Fourth Person Sought in Slaying Inquiry Is Found", "Accused: Araujo bargained for escape Preliminary hearing in death of transgender teen to end today (subscription needed)", "Defense attorney: Witness struck Gwen's fatal blow (subscription required)", "Slaying Victim's Mother Now Speaks Out Against Hate Crime", "Witness Unable to Testify About Transgender Teen's Slaying", "Accused killer was 'disgusted' that transgender teen was male", "NEWARK / Teen's death a crime of passion, defense says", "Final defendant testifies in Araujo murder trial", "Newark Transgender Teen Murder Verdicts Upheld", "2 Convicted of Murdering Transgender Teen", "HAYWARD / Manslaughter ruled out, Araujo juror says / 'Events devolved into brutal beating and homicide', "HAYWARD / Araujo case draws to close / Last defendant pleads no contest to avoid third trial", "Gwen Araujo murder 14 years later: Transgender teen's killers face parole", "Cazares plea brings Araujo trial to close", "Man Given 11 Years in Gwen Araujo's Death", "Mourners Overflow Funeral of Teen Allegedly Slain Over Sexual Identity", "Longtime trans activist says goodbye to TransVision", "SAN FRANCISCO / Transgender community feels joy, anger at Araujo verdict", "Fests go in for a piece of the action: Cinequest to distribute 'Ways of Men', "Ten years later, Araujo's murder resonates", "An act to amend Section 192 of the Penal Code, relating to manslaughter", "California Bans Gay and Trans Panic Defense", "Assemblymember Bonilla and Equality California Introduce Bill to Ban "Panic Defense" Strategy as a Courtroom Tactic by Murder Defendants", "Online Extra: Parole denied for killer of Bay Area transgender teen", https://en.wikipedia.org/w/index.php?title=Murder_of_Gwen_Araujo&oldid=1133311118, American victims of anti-LGBT hate crimes, Deaths by strangulation in the United States, Articles with dead external links from September 2010, Short description is different from Wikidata, Pages using embedded infobox templates with the title parameter, Creative Commons Attribution-ShareAlike License 3.0. Transgender activists educated the family about what it means to be transgender and the proper use of pronouns. Sylvia Guerrero is seen in San Francisco on Thursday, Oct. 13, 2016. She is born with male genitalia and raised as a boy by her family, who call her Eddie. Eddie then began transitioning as a woman and called herself Gwen, after her favorite singer Gwen Stefani. That friend told someone else and the rumor of Araujo's murder eventually got back to the family who reported it to police. "[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". Although they were given the option of convicting the men of second-degree murder or manslaughter, they were unable to proceed past the first-degree murder deliberations. The 17-year-old from the San Francisco Bay Area was beaten, punched and eventually choked to death when several men discovered she was a transgender woman. He is the younger brother of Ketan, a music producer in London. Copyright 2023 KGO-TV. A month before Gwens murder, Guerrero decided to talk to Gwen about her future. And Im still learning.. Police arrest a fourth suspect in Araujo's murder, Jason Cazares. [15][16], Nicole Brown, who was dating Paul Merl (Jos's older brother) and was acquainted with Araujo, said that she and Araujo had engaged in a physical fight after Brown challenged Araujo to strip for the men. Beto Lopez, Gwens childhood friend, remembered sneaking out of the house in their hometown of Newark to go to San Francisco Pride with Gwen in 2000. 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. At an early age, he started putting on his mom's makeup and wearing his mom's clothes. [11] Jos Merl testified he was cleaning Araujo's blood out of the carpets and couch as Magidson was binding her ankles, prior to her being taken to the garage. Trans people are being killed in record numbers. Two of the men she had a sexual encounter with. This is the life and death story of 17-year-old Gwen Araujo. Guerrero also knew her daughter had a drinking problem and brought up rehab. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. It instructed jurors not to let bias against a victim's gender identity or sexual orientation influence their decisions. 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. 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? 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. It's who she was. East Bay native Malaika Fraley is an award-winning criminal justice reporter and formerly covered courts for the Bay Area News Group. 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. Loves to Read. By early morning on Oct. 4, the men questioned Araujo and demanded to know if she is biologically male. She wasnt mad. At least 48 trans people were killed in 2021, making it the deadliest year for transgender people in the United States, where the majority of victims are Black and Latinx. At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. Araujo's murder was compared to the brutal death of Matthew Shepard four years earlier in Laramie, Wyoming. HAYWARD / Witness tells of friends' anger at being duped / He HAYWARD / Araujo begged for mercy, witness says, THIS IS A HANDOUT IMAGE. Here's what happened to Bay Area trans teen Gwen Araujo. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. [34] Confronted with the recording, Nabors agreed to lead authorities to the body[30] on October 15. [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. The day after the first trial ended in a mistrial, a court granted Araujo's mother's petition for a posthumous name change, requiring the defense lawyers to refer to the victim with female pronouns. The 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. Her mother found it to be odd but did not put much thought into it. [22] Emmanuel Merl testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors. I cant afford it.. 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. Only 17 years old at the time of her death, today Gwen would be a 27-year-old young woman had her life not been brutally taken by four men who discovered she was born male. 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." Now its a huge trans event that kicks off the San Francisco Pride weekend. Below is a timeline of how Gwen's life and death unfolded. [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. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. Then while Araujo was in the bathroom, Brown went inside, grabbed her crotch, and reportedly shouted to the group, "It's a man.". She and Guerrero shared a deep love for the city for that reason, and in the year leading up to her murder, Gwen came to the city almost every weekend. 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. Some call her mom., She didnt die in vain. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. 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. [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. 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. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. The Lifetime movie, a friend of Jaron Nabors described him as appearing distraught the Araujo... Confronted with the recording, Nabors agreed to lead authorities to the family who reported it be. A beautiful conversation that Ill always cherish, Guerrero decided to go to a nearby party. 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