Cherished brother to Pearl and Jesus Serrano of CA, Rachel Araujo of Bakersfield, Brandon Guerrero-Bacot of Newark and Michael West of. Deputy District Attorney Chris Lamiero announced he will seek a second trial. Her family reported her missing, but police had no information about her disappearance until Nabors told a close friend about what happened. Gwen was going to be 18 soon and had aspirations of going to beauty school. Use Next and Previous buttons to navigate. Im kind of worried Ill get pulled over, she said, bent over and laughing, but I roll deep with angels.. [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". [12] Magidson, Nabors, and Jos Merl were charged with murder on October 17 and held without bail. He was awakened by loud voices and eventually emerged outside his room to observe a chaotic scene. With credit for time served, he was expected to spend approximately five years in jail from that point on. At age 14, Araujo sat down with her mom for a heart-to-heart talk. 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. The men become enraged and Magidson punched Araujo. 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. Writing is not a hobby, but a passion. 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. [30] Cazares kicked her. They are 22-year-old Michael Magidson, 22-year-old Jos Merl, 22-year-old Jason Cazares, and 19-year-old and Jaron Nabors. 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. [25][26] The last words Merl heard Araujo speak were "I told you I was sorry. Watch the ABC7 Originals documentary, "Being Gwen: A Life and Death Story," streaming now in the video player below. 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. As the escalator ascended to the street, Gwen transformed. [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". [78][79][80] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. 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. Gwens murder and Guerreros advocacy have led to legislative change. Merl testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. Her hair is dyed black and falls flat against her back. Gwen Araujo was a 17-year-old transgender teenager who lived in Newark, Calif. with her mother, Sylvia Guerrero. But, at the time, she didn't comprehend the change Araujo was going through. ", HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim. California Gov. She was insistent that the justice system would not ignore or betray her daughter.. We still have a long way to go, because people like Gwen are still being murdered for whothey are and theresfamilies who are suffering like we are, said Guerrero, 52. [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. The elderly woman was a victim of recent storms. Nabors later testified that Jos Merl said that night, "I swear, if it's a f man, I'm gonna kill him. Jose Merel, 36, was granted parole on Friday with the support of Guerrero, pending a review from the Board of Parole Hearings and Gov. It was just a passing thought, and no one took it seriously, he said. Merl and Magidson were sentenced to life imprisonment with the possibility of parole after 15 years. [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 walked into the house with [52] Serra also argued that Cazares took no active role in killing her. 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. 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.. [7] Besides English, Jogia speaks some Gujarati and French. The jury deadlocked 10-2 in favor of acquitting Cazares and Merel of first-degree murder. Many have since forgotten Gwen. Sunseri said. Copyright 2023 KGO-TV. In her death, she has literally saved thousands of lives. Guerrero said. I can never make up for the time we lost as Ive struggled to deal with the grief that began that night.. [8] Police did not initially take the missing persons case seriously partly because she was transgender,[9] and she was known to stay away from home overnight. "My mom is stuck in her own grief," said Sunseri, who fought back tears about the impact Araujo's murder had on her mother. Araujo's mom reports her missing to police. At first, she didnt know how to talk about it. Gwen Araujo is born to Sylvia Guerrero and Edward Araujo. Arnold Schwarzenegger signs the Gwen Araujo Justice for Victims Act. At the sentencing of the suspects, Araujo's mother, Sylvia Guerrero, said that the murder and court process (which lasted three years) had taken an emotional toll on her and that it had affected her relationship with her children. [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. Any woman that knows you after this, it's not going to matter. 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On the night of Oct. 3, 2002, Araujo attended a party at a house rented by Jos and Paul Merl. In at least one of the trials, a "trans panic defense"an extension of the gay panic defensewas employed. All Rights Reserved. Emmanuel Merel testified he tried to get Araujo out of the house but was stopped by the other men. The letter was intercepted by sheriff's officials[15] and led to the arrest of Cazares on November 19. He is expected to resume testimony Monday. Gwen Amber Rose Araujo (February 24, 1985 - October 4, 2002 [1]) was an American teenager who was murdered in Newark, California. [1][3] Two of the defendants were convicted of second-degree murder,[4] but not the requested hate-crime enhancements to the charges. Nabors and Cazares urged the others to "knock the b out", according to Nabors's testimony. Below is a timeline of how Gwen's life and death unfolded. Some call her mom., She didnt die in vain. Anti-shock collar legislation has garnered widespread supportand controversyfrom animal welfare advocates. Guerrero considered Magidson and Jason Cazares the principal actors in the killing. [37][38] Cazares had been identified as a potential witness on October 22. Merl refused to answer the prosecutor's questions about how Araujo died. 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. Guerrero looked after her 10 younger siblings while her parents worked, getting them ready for school and packing their lunches. [6] Her parents divorced when she was 10 months old. Vigils and marches seeking justice for Araujo were held in several San Francisco Bay Area cities. She left me with no filter, too. The jury finds Michael Magidson and Jos Merl guilty of second-degree murder. The law, signed by Gov. Magidson also testified and under cross-examination said he received oral sex from Araujo the night she was killed. 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. [10], The first trial began on April 14, 2004. 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. Bevan Dufty is the lead organizer for Tuesdays event and has known Guerrero for years. They had met her walking in the middle of the street, drinking a beer. | Olivia Cruz Mayeda/The Standard Guerrero always knew Gwen's relationship to her gender was different from other kids. They jury deadlocked once again on Cazares, but this time 9-3 in favor of a conviction. Michael Magidson and Jos Merl were sentenced to 15 years to life for killing Gwen Araujo. NEWARK, Calif. (KGO) -- She was killed 20 years ago. Sylvia Guerrero had never even heard the word transgender until her 17-year-olddaughter Gwen Araujo, born a son named Eddie, was brutally murdered. [25] Jos Merl became concerned that Araujo was bleeding on the couch and ordered her off it. [30], Nabors received an 11-year sentence on August 25, 2006. [61], Jos Merl was granted parole in 2016 with the support of Sylvia Guerrero. 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. Loves to Read. Jose Merel hit her in the head with a frying pan and a can of soup. [8] She began to grow her hair long and planned to undergo hormone treatment and surgery. On their way home, they purchased breakfast at a McDonald's drive-through window. It was a beautiful conversation that Ill always cherish, Guerrero said. The four defendants in the murder of Gwen Araujo are being sentenced to prison on January 27, 2006. It's who she was. 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." The Civic Remembrance and call to action for Gwen Araujo will be held Tuesday, Oct. 4, from 4-6 p.m. at San Francisco Main Librarys Koret Auditorium. Guerrero has few possessions at this point, but she holds on to the lessons Gwen taught her. [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. Theywere convicted at thesecond of two trials and sentenced to 15 years to life in prison. [51] Magidson, Merl, and Cazares were charged with first-degree murder with hate-crime enhancements.[52]. One night Gwen decided to go to a nearby house party. She lives in this prison in her own mind.". 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. Magidson, Jos Merl and Nabors were arraigned for Araujo's murder in a Fremont courtroom. And was stuck 10-2 in favor of acquitting Jos Merl and Jason Cazares of the same charge. [8], Paul Merl was released after Brown and Emmanuel Merl told the police that he had left the scene with them. Lopez stood next to her on a packed BART station escalator. [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]. She just wanted to jump into the crowd.. We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Some of the trans people say they were thinking of committing suicide before seeing Gwens story. [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. "[15] According to Nabors, Magidson added "I don't know what I'm going to do", and Nabors replied, "Whatever you do, make sure you don't make a mess. 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? is rickey smiley related to tavis smiley, the search for santa paws janie, are james and hollie doyle related,
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