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Emmanuel Merel said he later had left the house with his older brother, Paul Merel, and the brother's girlfriend, Nicole Brown. She held her gaze as tears welled in her eyes. Investigators got Nabors' friend to wear a wire and record Nabors talking about the murder. She transferred to an alternative high school, but did not return for the 200203 academic year. ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. 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. AB 2501 became the first state law in the nation to prohibit the use of the "gay panic" or "trans panic" defenses. Stuff like that. Cherished brother to Pearl and Jesus Serrano of C 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. He said that he didnt understand the depths of what he had done until his own daughter, who was gravely disabled, died in 2011, said Alameda County Assistant District Attorney Jill Klinge. Ill never forget the day Sylvia opened the door to her house, said Bernal, now a single mother of seven. She wasnt mad. 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. NEWARK, Calif. (KGO) -- She was killed 20 years ago. An estimated 3,000 marched from Dolores Park to Civic Center where a rally was held. [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. [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. The murder also brought disdain from far-right religious groups who condemned Araujo for living as a transgender woman. Before Gwens death, Guerrero was a legal assistant and had a 401(k) pension account. 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. 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. This is a carousel. According to court testimony, Araujo, whom the men knew a Lida, engaged in sexual activity with Michael Magidson and Jos Merl. 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. Also at the gathering were Paul's girlfriend, Nicole Brown, and friends Jason Cazares, 22, and Jaron Nabors, 19. [67] Amber Rose was the name Guerrero had chosen before her child was born, in the event it was a girl. Socially Sad and Mentally Arrogant: Boys Locker Room, The AFL-CIO must end union representation of law enforcement. In this video, I explain my theory about what may have actually happened to lead up to Gwen's murder. Jerry Brown. Gwen was going to be 18 soon and had aspirations of going to beauty school. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. I love children. Check out Bay Area safety tracker, Bay Area Life; Sundays at 6:30 p.m. on ABC7, How the murder of transgender teenager Gwen Araujo unfolded. Police and the family referred to Araujo by her birth name, Eddie, a practice now discouraged, called deadnaming. [34][49] While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated. Neither defendants was convicted of a hate crime. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. Only charge for Nabors. The defense maintains Araujo tricked the defendants into sexual relations. [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. In 2005, California Gov. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. Thats OK, Guerrero recalled saying. Magidson and Merl were each convicted on the charge of second-degree murder,[57] but not convicted of the hate-crime enhancement allegations. The second trial began on May 31, 2005. The presiding judge issued a gag order barring attorney from talking to the media. Feb. 24, 1985At age 14, Eddie tells his mom that he feels like a girl trapped in a boy's body. 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. Sylvia Guerrero is seen in San Francisco on Thursday, Oct. 13, 2016. "I don't want him to be identified in the rec room at Santa Rita (jail).". [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. 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. [25][31] Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster. Michael Magidson, 23, Jose Merel, 24, and Jason Cazares, 24, are on trial for murder in the killing of the 17-year-old Araujo. [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. 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. "When Gwen was murdered that night, it was the beginning of a life sentence for me and my family," Guerrero told the publication. Many have since forgotten Gwen. In her death, shes allowed me to see how much I took for granted, Guerrero said. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. Nabors agreed to testify against his friends in exchange for a reduced manslaughter charge. 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. A few weeks later they also arrested Cazares. The first trial started on April 14, 2004 and ended in a hung jury against Magidson, Merel and Cazares. 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. For the uninitiated, Araujo was a 17-year-old trans woman from Newark, California. age: 17 yrs 7 mos 7 days ~~~ Edward Gwen Araujo, Jr. of Newark entered into rest Thursday, October 3, 2002. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. The Alameda County coroner's report said Araujo died by strangulation and blunt force trauma to the head. And if you or anyone you know is being bullied, call the Transgender Law Center for help at 415-865-0176. 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. 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. Guerrero has been unable to return to work and now shuffles her belongings from relatives' houses using a borrowed car from her friend. Two of the men, Michael Magidson and Jose Merel were convicted of 2nd degree murder and face sentences of 15 years to life. "[23], At some point after that, Brown woke Paul Merl, and they left the house with Emmanuel Merl. 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. "[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. 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. ABC7 New York 24/7 Eyewitness News Stream. Araujo's funeral is held at St. Edward's Catholic Church in Newark. 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 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. 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. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. Guerrero is the mother of slain transgender teen Gwen Araujo, 17, of Newark. Guerrero sees her daughters legacy firsthand each time the Lifetime movie, A Girl Like Me: The Gwen Araujo Storyairs. NEWARK19E-C-18OCT02-MT-HO She taught them how to pick wild blackberries and catch salmon from the creek by their house, a place still close to her heart. Ive always loved San Francisco, Guerrero said. It instructed jurors not to let bias against a victim's gender identity or sexual orientation influence their decisions. [7] Rumors reached her family that a girl who had been outed as transgender at a party had been killed and buried in Tahoe,[7] and her aunt called the police on October 9 to pass on the story. [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. 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. 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 . Guerrero considered Magidson and Jason Cazares the principal actors in the killing. I never heard of the word transgender until she died.". Know Your City! Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. Loves to Read. Today shes an admired activist for transgender causes, even though the horror of Gwens fate has upended her life. Jos Merl testified and admitted he was ignorant about his thinking about sexuality at the time of the murder. Analysts compared the strategy to the "gay panic" defense. The jury is unable to reach a guilty verdict and the judge declares mistrial. Now its a huge trans event that kicks off the San Francisco Pride weekend. 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 . Nabors was initially charged with murder, too, but he agreed to testify against his friends in exchange for an 11-year sentence. Guerrero foughtthe possible parole of Magidson but supported parole for Merel, while other family members want neither paroled. I cant tell youhow many people have told me, because of your daughter, I am free to be who I am.. Jos Merl, who cried in anguish about having sex with Araujo, then struck her with a frying pan and a can of food. Deputy District Attorney Chris Lamiero announced he will seek a second trial. If they actually did know, then why did they kill her? ",[20] and the men with whom she had had sexual relations became enraged and violent. Nabors testified that Magidson then strangled Araujo with a rope. Loves the Beach. Initial coverage by several news media outlets described the victim as a cross-dressing man. The other two defendants pleaded guilty or no-contest to voluntary manslaughter. He is expected to resume testimony Monday. [76], Jaron Nabors was released from prison some time before 2016. I was not perfect, Guerrero said, reflecting on that moment decades later. 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. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. She was loving, vibrant, and beautiful. To avoid a third trial, Cazares' lawyer reached an agreement with prosecutors for a manslaughter conviction. Araujo also became an inspiration in the transgender community. 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. Noyola said she remembers it as mostly non-trans people, a handful of folks, angry and grieving over Gwens murder. [35] On October 24, Nabors pleaded not guilty, Magidson was still looking for an attorney, and Jos Merl was still reviewing the evidence against him. "[15] Brown testified that she tried to comfort Merl after the discovery, saying "It's not your fault. 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". Araujo was born with male genitalia but her immediate family noticed early on. [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". [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. After she left, Nabors asked the other three "Could this be a dude?" "[59], Michael Magidson and Jos Merl were sentenced in January to 15 years to life in prison, for second-degree murder. [60], Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. [33], Two days after Araujo was reported missing, a friend of Jaron Nabors described him as appearing distraught. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. Loving son to Sylvia Guerrero of Newark and Edward Araujo of Brawley. 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." I have a family. Her mother recalls they both cried a lot that night but she eventually told her daughter she would support her transition. 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. Guerrero became an advocate for transgender rights. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; Jos Merl, 22; and Paul Merl, Jose's older brother. Gwen Amber Rose Araujo was a teenager who lived in Newark, California. He left, along with his brother Paul and his girlfriend, while Araujo was bloodied in the living room. Sylvia Guerrero said that she wants attorneys to refer to her daughter as Gwen when the case is retried. Guerrero grew up with zero knowledge of gender outside the binary. Brown grabbed Araujo's crotch during a confrontation in the bathroom and revealed she had male genitalia. [15][21][22][25] Araujo begged the men to stop, saying "No, please don't. 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. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. [7] At another point, he consoled his brother, Jose Merel, who was crying. Cazares pleaded no contest to voluntary manslaughter in exchange for a six-year sentence after two juries couldnt agree ona verdict. Days before the 20-year anniversary of her daughters murder, Guerrero stood in front of the TV at her sons apartment in Tracy and flipped through generic photos of Pescaderos foggy coastline. Gwen Araujo's murder brought about several changes in California law. Now at 58, she wears flip-flops and jean shorts. "[22], After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. This is where I sleep now, she said, pointing to the bare floor of her sons living room. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. [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. Police arrested Jose Merel and Magidson, who was accused of strangling Araujo. When Araujo was killed, Newark Memorial High School was preparing to stage a play on Shepard's death and the community drew comparisons between what happened to Shepard and how Araujo was killed. [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. In the fall of 2002, Araujo met Michael Magidson, 22, who invited her to hang out with his friends. Magidson testified that Nabors admitted he had strangled Araujo. He pleaded to involuntary manslaughter and was sentenced to 11 years in prison. Lopez stood next to her on a packed BART station escalator. 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. [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. Editors note: A previous version of this story incorrectly noted that Sylvia Guerrero was the youngest of her siblings. Back in Tracy, Guerrero examined a broken taillight on her car while holding her daughters framed picture in her left hand. The 17-year-old from the San Francisco Bay Area was punched, beaten and. As Judge Harry Sheppard instructed, the verdicts were kept secret. Three men are suspected of killing the 17-year-old who frequently dressed like a young woman. [6] 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. [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. Dufty was elected as a supervisor in San Francisco a few months after Gwens murder and witnessed the community organizing that followed. Emmanuel Merel testified he tried to get Araujo out of the house but was stopped by the other men. [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. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. She is born with male genitalia and raised as a boy by her family, who call her Eddie. Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of Newark. [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. In 2010, then-Gov. [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. [37][38] Cazares had been identified as a potential witness on October 22. 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. "[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. Morbidology Podcast The article continues below Morbidology is a weekly true crime podcast created and hosted by Emily G. Thompson. 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