Murder of Gwen Araujo

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Murder of Gwen Araujo
Location Newark, California
Date October 3, 2002
Attack type
Battery, strangulation
Victim Gwen Araujo
Assailants Jason Cazares
Michael Magidson
José Merél
Jaron Nabors
Motive Transphobia

Gwen Amber Rose Araujo (February 24, 1985 – October 3, 2002) was an American teenage trans woman who was murdered in Newark, California.[1] She was killed by four men, two of whom she had allegedly been sexually intimate with, who beat and strangled her after discovering she was transgender.[2][3][4] Two of the defendants were convicted of second-degree murder,[5] but not convicted on the requested hate crime enhancements. The other two defendants pleaded guilty or no contest to voluntary manslaughter. In at least one of the trials, a "trans panic defense"—an extension of the gay panic defense—was employed.[5][6]

Witness account of the circumstances of Araujo's death[edit]

Araujo, whose legal name was Edward Jr, but was undergoing hormone therapy and going by the name Gwen at the time,[7][8] met Michael Magidson, José Merél, Jaron Nabors, and Jason Cazares in the summer of 2002.[9] She was reported to have engaged in oral sex with Magidson and anal sex with Merél.[10] She allegedly claimed to be menstruating and during sex would push her partners' hands away from her genitalia to prevent them from discovering that she had male sex organs.[11] On October 3, 2002, she attended a party at a house rented by Merél and his brother, Paul Merél.[12][13] Also in attendance at the party were Magidson, José Merél, Nabors, Cazares, Paul Merél, Paul Merél's girlfriend Nicole Brown, and Emmanual Merél.

At the party, she was discovered, by forced inspection (conducted by Brown[14]) to be anatomically male, following which the men with whom she had sexual relations became violent. Magidson put her in a chokehold.[15] Later, he punched her in the face and began to choke her, but was pulled off by others.[14] At some point after that, Paul Merél, Emmanuel Merél, and Brown left the house.[15][16] José Merél struck her in the head with a can of food and a frying pan.[15][17] Nabors and Cazares left in Magidson's truck to go to Cazares's house to get shovels and a pickaxe.[15][18]

When Nabors and Cazares returned, Araujo was still conscious and sitting on the couch.[15] At some point, the assault resumed. Magidson kneed her in the head against the living room wall, rendering her unconscious.[15][19] Cazares kicked her.[19] After this, she was taken to the garage of the home. Nabors testified that Magidson strangled her with a rope and that Cazares struck her with a shovel,[9] but Magidson testified that it was Nabors who strangled her and struck her with the shovel,[20] and Cazares testified that he never struck her and did not see her die.[9] Most accounts have Merél cleaning blood out of the carpet at the time that she was strangled.[citation needed] She was then hog-tied, wrapped in a blanket, and placed in the bed of a pick-up truck. They then drove her body four hours away and buried her near the Sierra Nevada mountains.[21] Her disappearance and murder went unreported for days.[21] It is not clear at what point during this sequence of events her death occurred. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head.[10]

Trial[edit]

The party-goers did not report the crime and the assailants said nothing to anyone about the murder. Two days after Araujo's death, a friend of Jaron Nabors described him as appearing distraught.[7] Nabors, one of the four attackers, led authorities to the grave site in "exchange for his guilty plea to voluntary manslaughter and a promise to testify at the trial."[22][23]

Alameda County Sheriff's Office dispatched four crime scene investigators and two detectives to recover the body from the grave site. The four accused of the murder were: Michael Magidson, 22; Jaron Nabors, 19; José Merél, 22; and Paul Merél, José's older brother. Paul Merél was quickly released because his girlfriend came forward to the police telling them that Paul had left that night with her. Paul Merél and his girlfriend were never charged and became witnesses for the prosecution. Jason Cazares was arrested over a month after the other defendants,[24] after Nabors implicated Cazares in a letter to Nabors' girlfriend, explaining how he (Nabors) wasn't involved in the killing.[25][26] Nabors later testified against the other three in a deal with the DA for a lesser charge of manslaughter and an 11-year prison sentence after police monitored a telephone conversation between Nabors and his girlfriend, Delores Ojeda.[27]

First trial[edit]

Magidson argued that he should not be charged with murder, rather manslaughter at worst, under California law.[28]

Second trial[edit]

Three defendants testified in this trial — and blamed each other as well as Nabors. On the 8th of September, the jury announced that it had reached verdicts on two of the three defendants. As Judge Harry Sheppard instructed, the verdicts were kept secret.[29]

On the 12th of September, after the jury announced that it had deadlocked on the third defendant, the verdicts were announced. The defendant on whom the jury had deadlocked was Cazares. Magidson and Merél were each convicted of second-degree murder,[30] but not convicted of the hate crime enhancement allegations.

Alameda County Assistant District Attorney Chris Lamiero, who represented the prosecution in the case, undermined criminal intent by commenting:

Gwen being transgender was not a provocative act. He's who he was. However, I would not further ignore the reality that Gwen made some decisions in his relation with these defendants that were impossible to defend. 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.[31]

Michael Magidson and José Merel were sentenced in January to 15 years to life in prison for second-degree murder for the killing.

The fourth man, Jason Cazares, pleaded no contest to manslaughter in a plea bargain reached after two juries deadlocked on his fate.

He was sentenced to six years in prison.

Aftermath[edit]

At the request of Araujo's mother, a judge posthumously changed her legal name from Edward Araujo Jr. to Gwen Amber Rose Araujo on June 23, 2004.[32]

On the first anniversary of the murder, Horizons Foundation created the Gwen Araujo Memorial Fund for Transgender Education. The Fund's purpose is 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, Araujo's mother and family speak in middle and high schools about transgender awareness and understanding.[33]

A Lifetime Network Movie called A Girl Like Me: The Gwen Araujo Story, starring J. D. Pardo and Mercedes Ruehl, aired in June 2006. The case was also the subject of a 2007 documentary, Trained in the Ways of Men.[34] This documentary by Michelle Prevost examines the 2002 murder, and aims to debunk the so-called gay panic (or trans panic) defense. "Deadly ID", a May 2012 episode of Investigation Discovery's Fatal Encounters, explored the crime's timeline from both Araujo's and Magidson's dramatized perspectives.[35]

California legislation[edit]

On September 28, 2006, California Gov. Arnold Schwarzenegger signed the "Gwen Araujo Justice for Victims Act" (AB 1160) into law.[36][37][38] The law limited the use by criminal defendants of the "gay/trans panic defense" by allowing parties to instruct jurors to not let bias influence their decisions, including "bias against the victim" based on his or her "gender identity, or sexual orientation."[36][37][38] The law put California on record as declaring it contrary to public policy for defendants to be acquitted or convicted of a lesser included offense on the basis of appeals to "societal bias".[36]

On September 27, 2014, California Gov. Jerry Brown signed Assembly Bill No. 2501 into law.[39][40] 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.[39][40][41] AB 2501 was introduced by Assemblywoman Susan A. Bonilla in partnership with Equality California. In announcing the bill's introduction they cited the murders of Gwen Araujo and gay California teen Larry King.[41]

See also[edit]

References[edit]

  1. ^ Gerstenfeld, Phyllis B. (2004). Hate crimes: causes, controls, and controversies. SAGE. p. 233. ISBN 978-0-7619-2814-0. Retrieved 9 October 2010. 
  2. ^ What's On Tonight
  3. ^ Body politics
  4. ^ Two Guilty of Murder in Death of a Transgender Teenager
  5. ^ a b "Two murder convictions in Araujo case", Zak Szymanski; Bay Area Reporter 15 September 2005.
  6. ^ Shelley, Christopher A. (2008-08-02). Transpeople: repudiation, trauma, healing. University of Toronto Press. p. 47. ISBN 978-0-8020-9539-8. Retrieved 9 October 2010. 
  7. ^ a b St. John, Kelly; Henry K. Lee (2002-10-19). "Slain Newark teen balanced between two worlds". San Francisco Chronicle. Retrieved 2008-03-11. 
  8. ^ Lee, Henry K. (2004-03-16). "Hayward: Murder trial jury selection". San Francisco Chronicle. Retrieved 2008-03-11. 
  9. ^ a b c Locke, Michelle (1 June 2004). "Case of slain transgender teen could go to a jury this week". San Diego Union-Tribune. Retrieved 18 November 2008. 
  10. ^ a b Defense calls transgender victim guilty of 'deception and betrayal'
  11. ^ Lee, Henry K. "Araujo begged for mercy, witness says." San Francisco Chronicle, 27 April 2004. Retrieved on 18 November 2008.
  12. ^ Murphy, Dean E. "3 Are Charged In Death of Man Who Dressed Like a Woman." New York Times, 19 October 2002. Retrieved on 18 November 2008.
  13. ^ Lee, Henry K. (3 October 2003). "One year since transgender teen's death". San Francisco Chronicle. Retrieved 18 November 2008. 
  14. ^ a b St. John, Kelly. "Witness tells how he learned transgender teen was male." San Francisco Chronicle, 21 April 2004. Retrieved on 18 November 2008
  15. ^ a b c d e f Dennis, Rob. "Witness relates brutal slaying." Oakland Tribune, 8 Jun 2005. Retrieved on 18 November 2008.
  16. ^ Wronge, Yomi S. "Attack Witnesses Unlikely to Face Criminal Charges." Mercury News, 23 February 2003. Retrieved on 18 November 2008.
  17. ^ Lee, Henry K. "Three sentenced to prison in Araujo slaying." San Francisco Chronicle, 27 January 2006. Retrieved on 18 November 2008.
  18. ^ "'We're Going to Get Some Shovels' -- Witness Testifies in Murder Being Compared to Brandon Teena's." Gender Public Advocacy Coalition, 19 February 2003. Retrieved on 18 November 2008.
  19. ^ a b Delventhal, Ivan. "Trial begins in transgender slaying." Oakland Tribune, 15 April 2004. Retrieved on 18 November 2008.
  20. ^ St. John, Kelly (16 August 2005). "Defendant says prosecution witness admitted killing Araujo". San Francisco Chronicle. Retrieved 18 November 2008. 
  21. ^ a b Evolution's Rainbow: Diversity, Gender, and Sexuality in Nature and People By Joan Roughgarden.
  22. ^ "One year since transgender teen's death Gwen Araujo's family still struggling to cope" Henry K. Lee; San Francisco Chronicle, October 3, 2003.
  23. ^ Gwen Araujo Memorial Transgender Education Fund. "Relationship Risks!"
  24. ^ "Timeline For Gwen Araujo Murder Trials". KTVU. Jan 27, 2006. Retrieved 21 November 2012. 
  25. ^ Airoldi, Robert (March 18, 2003). "Accused: Araujo bargained for escape Preliminary hearing in death of transgender teen to end today (subscription needed)". Oakland Tribune. Retrieved 21 November 2012. 
  26. ^ Dennis, Rob (June 13, 2005). "Defense attorney: Witness struck Gwen's fatal blow (subscription required)". Oakland Tribune. Retrieved 21 November 2012. 
  27. ^ Dennis, Rob. "Tape played of witness, girlfriend," Oakland Tribune, 15 June 2005. Retrieved on 18 November 2008.
  28. ^ "Article". [dead link]
  29. ^ "Newark Transgender Teen Murder Verdicts Upheld". CBS 5 CrimeWatch. Retrieved 2009-05-13. [dead link]
  30. ^ "2 Convicted of Murdering Transgender Teen". Fox News. 13 September 2005. Retrieved 2005-09-13. 
  31. ^ "Lawyers Debate 'Gay Panic' Defense". Associated Press. Retrieved 2007-11-20. 
  32. ^ St. John, Kelly (2004-07-01). "Araujo name change request granted". San Francisco Chronicle. Retrieved 2008-03-11. 
  33. ^ "Group creates Araujo memorial fund". Oakland Tribune. 2004-05-03. p. 1. Retrieved 2008-03-11. [dead link]
  34. ^ Fests go in for a piece of the action: Cinequest to distribute 'Ways of Men' Michael Jones, Variety, 14 March 2008.
  35. ^ "Fatal Encounters Episode Guide". Discovery Networks. Retrieved 12 May 2012. 
  36. ^ a b c "Gwen Araujo Justice for Victims Act". California Legislative Information. 28 September 2006. Retrieved 2015-06-23. 
  37. ^ a b Hemmelgarn, Seth; Laird, Cynthia (4 October 2012), "Ten years later, Araujo's murder resonates", The Bay Area Reporter, retrieved 2015-06-23 
  38. ^ a b "'GWEN ARAUJO JUSTICE FOR VICTIMS ACT' PASSED BY SENATE, SOON TO HEAD TO GOVERNOR'S DESK" (Press release). Equality California. 29 August 2006. Retrieved 2015-06-23. 
  39. ^ a b "An act to amend Section 192 of the Penal Code, relating to manslaughter". California Legislative Information. 27 September 2014. Retrieved 2015-06-23. 
  40. ^ a b Pulley, Anna (30 September 2014), "California Bans Gay and Trans Panic Defense", East Bay Express, retrieved 2015-06-23 
  41. ^ a b "Assemblymember Bonilla and Equality California Introduce Bill to Ban "Panic Defense" Strategy as a Courtroom Tactic by Murder Defendants" (Press release). Equality California. 26 February 2014. Retrieved 2015-06-23. 

Further reading[edit]