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[[File:Gwen Araujo.jpg|thumb]]
'''Gwen Amber Rose Araujo''' (February 24, 1985 &ndash; October 4, 2002)<ref name="TGOMIDOTT"/> was an American teenager who was murdered in [[Newark, California]], at the age of 17.<ref name="Gerstenfeld2004">{{cite book|last=Gerstenfeld|first=Phyllis B.|title=Hate crimes: causes, controls, and controversies|url=https://books.google.com/books?id=sJ7OkVzwVMEC&pg=PA233 |access-date=October 9, 2010|year=2004|publisher=SAGE|isbn=978-0-7619-2814-0|page=233}}</ref> 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]].<ref name="TGOMIDOTT">{{cite news|url=https://www.nytimes.com/2005/09/13/us/two-guilty-of-murder-in-death-of-a-transgender-teenager.html|title=Two Guilty of Murder in Death of a Transgender Teenager|date=September 13, 2005|author=Marshall, Carolyn |newspaper=The New York Times|access-date=August 11, 2017}}</ref><ref>{{cite news|url=https://www.theguardian.com/media/2005/may/27/tvandradio.comment|title=Body politics|date=May 27, 2005|work=The Guardian|author=Sam Wollaston|access-date=August 11, 2017}}</ref> Two of the defendants were convicted of [[Murder (United States law)|second-degree murder]],<ref name="TMCIAC"/> but not the requested [[Hate crime laws in the United States|hate-crime]] enhancements to the charges. 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.<ref name="TMCIAC">{{cite news |url=http://www.ebar.com/news/article.php?sec=news&article=153 |title=Two murder convictions in Araujo case |archive-url=https://web.archive.org/web/20090201000001/http://www.ebar.com/news/article.php?sec=news&article=153 |archive-date=February 1, 2009 |url-status=live |author=Szymanski, Zak |newspaper=[[Bay Area Reporter]] |date=September 15, 2005 |access-date=March 31, 2018}}</ref><ref name="TRTH">{{cite book|last=Shelley|first=Christopher A.|title=Transpeople: repudiation, trauma, healing|url=https://books.google.com/books?id=SiaNoJ3puyQC&pg=PA47 |access-date=October 9, 2010|date=August 2, 2008|publisher=University of Toronto Press|isbn=978-0-8020-9539-8|page=47}}</ref>

Merel and Magidson were sentenced to [[life imprisonment]] with the possibility of [[parole]] after 15 years. Merel was granted early parole in 2016, after reportedly showing extensive remorse to Araujo's mother, who supported the decision. Magidson, however, has reportedly never shown remorse and has been denied parole three times since his sentencing.

==Victim==
Gwen Araujo was born on February 24, 1985, in [[Brawley, California]], to Edward Araujo and Sylvia Guerrero.<ref>{{Cite web|url=https://www.legacy.com/obituaries/eastbaytimes/obituary.aspx?n=edward-araujo-gwen&pid=556605&fhid=2104|title=Edward "Gwen" Araujo Jr. Obituary|date=October 24, 2002|website=[[Legacy.com]]|access-date=October 31, 2018}}</ref> Her parents divorced when she was 10 months old.<ref name=LAT-021020/>

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''.<ref name="sfgate_lida">{{cite news | last1 = St. John | first1 = Kelly |first2=Henry K. |last2=Lee | title = Slain Newark teen balanced between two worlds | publisher = [[San Francisco Chronicle]] | date = October 19, 2002 | url =https://www.sfgate.com/bayarea/article/Slain-Newark-teen-balanced-between-two-worlds-3-2782669.php | access-date = March 11, 2008 }}</ref> She began to grow her hair long and planned to undergo [[Feminizing hormone therapy|hormone treatment]] and surgery.<ref name=Emporia-09>{{cite news |url=http://www.emporiagazette.com/news/police_courts_fire/article_b50d51e6-58bb-5b47-9bec-9aa97604f7cc.html |title=Who She Was |date=April 28, 2009 |newspaper=The Emporia Gazette |access-date=March 31, 2018}}</ref><ref name="lida2">{{cite news | last = Lee | first = Henry K. | title = Hayward: Murder trial jury selection | work = San Francisco Chronicle | date = March 16, 2004 | url = https://www.sfgate.com/bayarea/article/HAYWARD-Murder-trial-jury-selection-2780853.php | access-date = March 11, 2008 }}</ref> Her older sister said that she was bullied in junior high school because of her voice and bearing. She transferred to an alternative high school, but did not return for the 2002–03 academic year.<ref name="sfgate_lida"/>

==Background==
Araujo first met Michael Magidson, José Merel, Jaron Nabors, and Jason Cazares in late August or early September 2002.<ref name="Case of slain">{{cite web|last=Locke |first=Michelle |title=Case of slain transgender teen could go to a jury this week |work=[[San Diego Union-Tribune]] |date=June 1, 2004 |url=http://www.signonsandiego.com/news/state/20040601-0012-ca-transgenderkilling.html |access-date=November 18, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20090203141117/http://www.signonsandiego.com/news/state/20040601-0012-ca-transgenderkilling.html |archive-date=February 3, 2009 }}</ref> The night they met Araujo, she flirted with all four men and they smoked marijuana together. After she left, Nabors asked the other three, "Could this be a dude?", but none of the four men took the thought seriously.<ref name=SFC-040423>{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Suspect-s-brother-says-he-tried-to-aid-2765018.php |title=HAYWARD / Suspect's brother says he tried to aid Araujo / He testifies others blocked him from rescuing victim |author=St. John, Kelly |date=April 23, 2004 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> Later, she engaged in oral sex with Magidson and anal sex with Merel.<ref name="deception and betrayal">{{cite news|last1=Hoge|first1=Patrick|title=HAYWARD / Defense calls transgender victim guilty of 'deception and betrayal'|url=http://www.sfgate.com/bayarea/article/HAYWARD-Defense-calls-transgender-victim-guilty-2792421.php|work=San Francisco Chronicle|date=April 16, 2004}}</ref><ref name=SFC-040428/> 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.<ref name=SFC-030225/><ref>{{cite news |author=Lee, Henry K. |url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/04/27BAGIL6BL9I1.DTL |title=Araujo begged for mercy, witness says |newspaper=[[San Francisco Chronicle]] |date=April 27, 2004 |access-date=November 18, 2008}}</ref>

Nicole Brown, who was dating Paul Merel (José'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. 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. She fought like a guy."<ref name=LAT-021022>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-oct-22-me-eddie22-story.html |title=More Told in Teen's Killing |author1=Hanley, Christine |author2=Garrison, Jessica |date=October 22, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> The four men debated in late September whether Araujo was female, concluding that "something bad could happen" to her if she was not.<ref name=SFC-030225/>

===Confrontation===
On the night of October 3, 2002, Araujo attended a party at a house rented by José and Paul Merel,<ref name="murphy">{{cite news |author=Murphy, Dean E. |url=https://www.nytimes.com/2002/10/19/us/3-are-charged-in-death-of-man-who-dressed-like-a-woman.html |title=3 Are Charged In Death of Man Who Dressed Like a Woman |newspaper=[[The New York Times]] |date=October 19, 2002 |access-date=November 18, 2008}}</ref><ref name=SFC-031003>{{cite news |url=https://www.sfgate.com/bayarea/article/One-year-since-transgender-teen-s-death-Gwen-2584451.php |title=One year since transgender teen's death / Gwen Araujo's family still struggling to cope|author=Lee, Henry K. |newspaper=[[San Francisco Chronicle]] |date=October 3, 2003 |access-date=March 31, 2018}}</ref> attended by them, their younger brother Emmanuel Merel, Michael Magidson, Jaron Nabors, Jason Cazares, and Nicole Brown. Nabors later testified that José Merel said that night, "I swear, if it's a f— man, I'm gonna kill him. If it's a man, she ain't gonna leave."<ref name=SFC-030225/> 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."<ref name=SFC-050607>{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Witness-tells-of-friends-anger-at-2665374.php |title=HAYWARD / Witness tells of friends' anger at being duped / He says 2 were mad their sex partner was biologically male |author=Lee, Henry K. |date=June 7, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> Brown said the four men were out at a club together and did not return to the house until after midnight.<ref name=LAT-021022/>

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.<ref name=SFC-050607/> Brown suggested that one of them should inspect Araujo, and Magidson took Araujo to the bathroom.<ref name=LAT-021022/> After half an hour, during which José Merel later confessed he had sex with Araujo, Brown went to the bathroom, where she discovered Araujo had male genitalia during a forced inspection.<ref name=LAT-021022/><ref name=SFC-040421>{{cite news |last=St. John |first=Kelly |url=https://www.sfgate.com/bayarea/article/HAYWARD-Witness-tells-how-she-learned-2765958.php |title=Witness tells how she learned transgender teen was male |newspaper=[[San Francisco Chronicle]] |date=April 21, 2004 |access-date=November 18, 2008}}</ref> Brown was surprised and blurted out, "It's a f— man!",<ref name=SFC-050607/> and the men with whom she had had sexual relations became enraged and violent.<ref name=SFC-030220>{{cite news |url=https://www.sfgate.com/bayarea/article/Slain-teen-s-last-night-recounted-Witness-2633261.php |title=Slain teen's last night recounted / Witness testifies on events leading to killing of transgender youth |last=St. John |first=Kelly |date=February 20, 2003 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> 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.<ref name=SFC-030220/> Emmanuel Merel testified that he also tried to escort Araujo away from the house, but was prevented by Magidson and Nabors.<ref name=SFC-040423/>

José Merel vomited upon learning Araujo had male genitalia, then began to cry in disbelief,<ref name=SFC-050727>{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Transgender-teen-did-nothing-to-2620082.php |title=HAYWARD / Transgender teen did nothing 'to deserve death' / But 1 accused killer said he vomited on finding she was male |last=St. John |first=Kelly |date=July 27, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> saying "I can't be f— gay."<ref name=SFC-030225/> Brown testified that she tried to comfort Merel after the discovery, saying "It's not your fault. I went to high school with you, and you were on the football team. Any woman that knows you after this, it's not going to matter. Just let her go."<ref name=SFC-030220/>

After Araujo was brought back into the house, Magidson grabbed at her skirt and underwear in an attempt to expose her genitals.<ref name=LAT-030225>{{cite news |url=https://www.latimes.com/archives/la-xpm-2003-feb-25-me-eddie25-story.html |title=Man Testifies on His Role in Teen's Death |last1=O'Connell |first1=Chris |last2=Malnic |first2=Eric |date=February 25, 2003 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref><ref name="brutal slaying"/> 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.<ref name=SFC-030225/><ref name=SFC-040421/><ref name=SFC-030220/><ref name="brutal slaying">{{Cite news |url=https://www.eastbaytimes.com/2005/06/08/witness-details-slaying-of-transgender-teenager/ |title=Witness details slaying of transgender teenager |last1=Dennis |first1=Rob |last2=Burgarino |first2=Paul |date=June 8, 2005 |newspaper=East Bay Times|language=en-US|access-date=February 12, 2019}}</ref> Araujo begged the men to stop, saying "No, please don't. I have a family."<ref name=SFC-030225/><ref name=LAT-030225/> José Merel became angry and struck her in the head with a can of food, denting the can and opening a cut on her head,<ref name="LAT-030225"/> and then he struck her again with a frying pan.<ref name="brutal slaying"/><ref name="SFC-060127">{{cite news |last=Lee |first=Henry K. |url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/01/27/MNGT3GTKOG36.DTL |title=Three sentenced to prison in Araujo slaying |newspaper=[[San Francisco Chronicle]] |date=January 27, 2006 |access-date=November 18, 2008}}</ref> The last words Merel heard Araujo speak were "I told you I was sorry."<ref name="SFC-050727"/>

At some point after that, Brown woke Paul Merel, and they left the house with Emmanuel Merel.<ref name="SFC-030220"/><ref name="brutal slaying"/><ref>{{cite news|url=http://www.tampabaycoalition.com/files/225GewnAraujoFourArticles.htm|title=Attack Witnesses Unlikely to Face Criminal Charges|last=Wronge |first=Yomi S.|date=February 23, 2003|newspaper=[[Mercury News]]|access-date=November 18, 2008|archive-url=https://web.archive.org/web/20120218211657/http://www.tampabaycoalition.com/files/225GewnAraujoFourArticles.htm|archive-date=February 18, 2012}}</ref> Emmanuel Merel later testified he walked to a convenience store to buy gum, then went to a friend's house to spend the night.<ref name="SFC-040423"/>
{{OSM Location map
 |coord={{Coord|38.071|-121.163}}
 |float=right
 |zoom=7
 |scalemark=20
 |mark-coord1={{Coord|37.532807|-122.033707}}<!--Newark-->
 |mark-coord2={{Coord|38.723487|-120.235023}}<!--El Dorado Forest-->
 |shape1=n-square
 |shape-color1=#00a|shape-outline1=#fff|mark-size1=16
 |fullscreen-option=1
 |caption=Key locations
# [[Newark, California]], where Gwen Araujo was murdered
# [[El Dorado National Forest]], where Gwen Araujo's body was buried
}}
Nabors and Cazares left in Magidson's truck to retrieve shovels and a pickaxe from Cazares's house,<ref name="brutal slaying"/><ref>{{cite web |url=http://www.gpac.org/violence/news.html?cmd=view&msgnum=0476 |title='We're Going to Get Some Shovels' – Witness Testifies in Murder Being Compared to Brandon Teena's |archive-url=https://web.archive.org/web/20090131142859/http://www.gpac.org/violence/news.html?cmd=view&msgnum=0476 |archive-date=January 31, 2009 |publisher=[[Gender Public Advocacy Coalition]] |date=February 19, 2003 |access-date=November 18, 2008}}</ref> saying as they left the Merel house that the other men were going to "kill that b—".<ref name=SFC-030225/><ref name=SFC-060826/> Brown recalled that after she had left with Paul Merel, they drove around the block and returned to the house to see Nabors and Cazares leaving in Magidson's truck.<ref name=SFC-030220/>

===Murder===
When Nabors and Cazares returned, Araujo was still conscious, bleeding from her head wound and sitting on the couch.<ref name="brutal slaying"/> José Merel became concerned that Araujo was bleeding on the couch and ordered her off it.<ref name=SFC-030226/> At some point, the assault resumed. Nabors and Cazares urged the others to "knock the b— out", according to Nabors's testimony.<ref name=SFC-030226>{{cite news |url=https://www.sfgate.com/bayarea/article/Chilling-time-line-of-a-killing-Death-of-2668044.php |title=Chilling time line of a killing / Death of transgender teen described in grisly detail |author=St. John, Kelly |date=February 26, 2003 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> Magidson hit her head against the living room wall with his knee, rendering her unconscious.<ref name="brutal slaying"/><ref name="Trial begins">{{cite news |author=Delventhal, Ivan |url=http://findarticles.com/p/articles/mi_qn4176/is_/ai_n14571729 |title=Trial begins in transgender slaying |newspaper=[[Oakland Tribune]] |date=April 15, 2004 |access-date=November 18, 2008 |archive-url=https://web.archive.org/web/20151017030353/http://findarticles.com/p/articles/mi_qn4176/is_/ai_n14571729 |archive-date=October 17, 2015 |url-status=dead  }}</ref> Nabors testified that Magidson's assault was so severe it left a dent in the wall and cracked the plaster.<ref name=SFC-030226/> Cazares kicked her.<ref name="Trial begins"/> Merel was concerned with cleaning Araujo's blood off the couch<ref name=SFC-030226/> and carpet before retreating to his room so the others would not see him crying.<ref name=SFC-050727/>

After Araujo was knocked unconscious, Magidson bound her wrists and ankles, then she was wrapped in a comforter to minimize the amount of blood staining the carpet, before being carried to the garage of the home.<ref name=SFC-030226/> After this, the defendants' testimonies diverge.

Nabors testified that Magidson strangled her with a rope and that Cazares struck her with a shovel,<ref name="Case of slain"/> but Nabors was returning from the garage and did not actually witness the act of strangulation. Referring to Araujo as ''Lida''—the name she had used with them—Nabors 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."<ref name="SFC-030226"/>

Magidson testified that it was instead Nabors who strangled her and struck her with the shovel,<ref name="SFC-050816">{{cite news | last = St. John | first = Kelly | title = Defendant says prosecution witness admitted killing Araujo | publisher = [[San Francisco Chronicle]] | date = August 16, 2005 | url = http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/08/16/BAaraujo16.DTL | access-date = November 18, 2008 }}</ref> and Cazares testified that he never struck her and did not see her die.<ref name="Case of slain"/> José Merel 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.<ref name="SFC-050727"/> Merel also said he thought she was still alive until he saw her body in the bed of Magidson's truck.<ref name="SFC-050727"/> It is not clear at what point during this sequence of events she died. However, the autopsy showed that she died from strangulation associated with blunt force trauma to the head.<ref name="sfgate_lida"/><ref name="deception and betrayal"/>  According to Nabors, Magidson "wasn't sure if Lida had died from twisting the rope, but once Jason hit her twice with the shovel, he knew she was dead".<ref name="SFC-030226" /><ref name="SFC-050727"/>

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 (U.S.)|Sierra Nevada]] mountains in a shallow grave in the [[El Dorado National Forest]] near Silver Fork Road in [[El Dorado County]]. On their way home, they purchased breakfast at a McDonald's drive-through window.<ref name="SFC-030226"/> Later that morning, during a phone conversation, Brown asked José Merel what happened, to which he replied "Let's just say she had a long walk home."<ref name="SFC-030220"/>

==Arrests==
The partygoers did not report the crime and the assailants said nothing to anyone about the murder. 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.<ref name="sfgate_lida"/> Police did not initially take the missing persons case seriously, partly because she was transgender,<ref name=Emporia-09/> and also because she was known to stay away from home overnight.<ref name="LAT-021020">{{cite news|url=https://www.latimes.com/archives/la-xpm-2002-oct-20-me-eddie20-story.html|title=Trying to Understand Eddie's Life – and Death|author1=Reiterman, Tim|date=October 20, 2002|newspaper=Los Angeles Times|access-date=March 31, 2018|author2=Garrison, Jessica|author3=Hanley, Christine}}</ref> Rumors reached her family that a girl who had been outed as transgender at a party had been killed and buried in Tahoe,<ref name=LAT-021020/> and her aunt called the police on October 9 to pass on the story. Police began to interview the partygoers, and one of them led the police to the Merels' house.<ref name=LAT-021019>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-oct-19-me-hate19-story.html |title=3 Charged in Beating Death of Boy, 17, Who Lived as a Girl |author1=Reiterman, Tim |author2=Hanley, Christine |author3=Sahagun, Louis |date=October 19, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref>

Two days after Araujo was reported missing, a friend of Jaron Nabors described him as appearing distraught.<ref name="sfgate_lida"/> Nabors had confessed to a friend what the four had done shortly after returning from the grave site. That friend tipped off the police and agreed to wear a microphone during a subsequent conversation with Nabors about the murder.<ref name=LAT-040623/> Confronted with the recording, Nabors agreed to lead authorities to the body<ref name=SFC-030226/> on October 15.<ref name="sfgate_lida"/>

The [[Alameda County, California|Alameda County]] Sheriff's Office dispatched four crime scene investigators and two detectives to recover Araujo's body from the grave site. The four who were initially arrested and accused of the murder were Magidson (age 22); Nabors (19), José Merel (22), and Paul Merel.<ref name=sfgate_lida/>

Paul Merel was released after Brown and Emmanuel Merel told the police that he had left the scene with them.<ref name=SFC-040423/> Magidson, Nabors, and José Merel were charged with murder on October 17 and held without bail.<ref>{{cite news |url=https://www.cbsnews.com/news/no-bail-in-cross-dressing-murder/ |title=No Bail In Cross-Dressing Murder |author=Chan, Sue |date=October 18, 2002 |work=CBS News |access-date=March 31, 2018}}</ref> On October 24, Nabors pleaded not guilty, Magidson was still looking for an attorney, and José Merel was still reviewing the evidence against him. In an interview with the ''Los Angeles Times'', Merel was confident that charges would be dropped.<ref name=LAT-021025>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-oct-25-me-arraign25-story.html |title=Man Pleads Not Guilty in Slaying of Transgender Bay Area Teenager |author=Hanley, Christine |date=October 25, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref>

After he was arrested, Nabors wrote a letter to a girlfriend in which he stated the defendants had discussed a "[[The Sopranos|Soprano-type]] plan" to "kill the b— and get rid of her body". The letter was intercepted by sheriff's officials<ref name=SFC-030225/> and led to the arrest of Cazares on November 19.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-nov-19-me-sbriefs19.2-story.html |title=Fourth Arrest Made in Transgender Killing |date=November 19, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref><ref>{{cite news|url=http://www.ktvu.com/news/news/timeline-for-gwen-araujo-murder-trials/nKQ5m/ |title=Timeline For Gwen Araujo Murder Trials |date=January 27, 2006 |work=[[KTVU]] |access-date=November 21, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20140222012346/http://www.ktvu.com/news/news/timeline-for-gwen-araujo-murder-trials/nKQ5m/ |archive-date=February 22, 2014 }}</ref> Cazares had been identified as a potential witness on October 22.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-oct-23-me-sbriefs23-story.html |title=Fourth Person Sought in Slaying Inquiry Is Found |date=October 23, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref><ref>{{cite news|url=http://www.highbeam.com/doc/1P2-6951449.html|archive-url=https://web.archive.org/web/20140611030928/http://www.highbeam.com/doc/1P2-6951449.html|url-status=dead|archive-date=June 11, 2014|title=Accused: Araujo bargained for escape Preliminary hearing in death of transgender teen to end today (subscription needed)|last=Airoldi|first=Robert|date=March 18, 2003|work=[[Oakland Tribune]]|access-date=November 21, 2012}}</ref><ref>{{cite news|url=http://nl.newsbank.com/nl-search/we/Archives?p_product=OKTB&p_theme=oktb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=10AB77306DFF26C4&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM|title=Defense attorney: Witness struck Gwen's fatal blow (subscription required)|last=Dennis|first=Rob|date=June 13, 2005|work=[[Oakland Tribune]]|access-date=November 21, 2012}}</ref> At the first trial, defense attorney Tony Serra accused Nabors of writing the letter knowing it would be intercepted and implicate Cazares.<ref name=SFC-040428/>

== Trials ==

===Jaron Nabors===
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.<ref name=SFC-031003/><ref>Dennis, Rob. "[http://findarticles.com/p/articles/mi_qn4176/is_/ai_n15825481 Tape played of witness, girlfriend]," ''[[Oakland Tribune]]'', June 15, 2005. Retrieved on November 18, 2008.</ref><ref>Gwen Araujo Memorial Transgender Education Fund. "[http://www.transgenderzone.com/library/st/fulltext/59.htm Relationship Risks!] {{webarchive |url=https://web.archive.org/web/20120218211909/http://www.transgenderzone.com/library/st/fulltext/59.htm |date=February 18, 2012 }}"</ref> During the formal entry of his plea, Judge Kenneth Burr warned Nabors that he could still be charged with murder if prosecutors found he was not "living up to your end of the bargain".<ref name=SFC-030225>{{cite news |url=https://www.sfgate.com/bayarea/article/Guilty-plea-in-transgender-killing-Defendant-2668352.php |title=Guilty plea in transgender killing / Defendant makes deal, testifies against friends |last=Lee |first=Henry K. |date=February 25, 2003 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref>

During the February 2003 indictment proceedings, Nabors gave a detailed account of the murder and burial. As they were burying her, the men continued to disparage her. Nabors testified that he stated he "couldn't believe that someone would ever do that, would be that deceitful" and that José Merel added "he was so mad he could still kick her a couple more times".<ref name=SFC-030226/>

Nabors received an 11-year sentence on August 25, 2006. With credit for time served, he was expected to spend approximately five years in jail from that point on.<ref name=SFC-060826>{{cite news|url=https://www.sfgate.com/bayarea/article/NEWARK-11-years-for-defendant-in-Araujo-killing-2513361.php |title=11 years for defendant in Araujo killing |last=Lee |first=Henry K. |date=August 26, 2006 |newspaper=San Francisco Chronicle |publisher=Hearst Communications |access-date=June 2, 2015}}</ref>

===Magidson, Merel, and Cazares===
====First trial====
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:<ref>{{cite news |url=https://articles.latimes.com/2003/oct/05/local/me-araujo5/ |title=Slaying Victim's Mother Now Speaks Out Against Hate Crime |last=Glionna |first=John M. |date=October 5, 2003 |newspaper=Los Angeles Times |access-date=March 31, 2018 |archive-date=September 22, 2015 |archive-url=https://web.archive.org/web/20150922205837/http://articles.latimes.com/2003/oct/05/local/me-araujo5 |url-status=dead }}</ref>

{{blockquote|One can debate the propriety of one choosing to identify with a gender other than the one they were born with. But I trust juries to understand that people don't get to make life or death decisions simply based on someone's lifestyle. That's not a world in which I want to live or most people want to live in.}}

Jury selection for the trial of Magidson, José Merel, and Cazares began on March 15, 2004. Prospective jurors were asked if they knew any lesbian, gay, bisexual, or transgender people; whether they knew any recently married same-sex couples; whether they had met any transgender people; or whether they had seen a "movie or theatrical performance depicting the activities of a transgender person". One of the defense attorneys explained the last question had specifically asked if prospective jurors had watched the film [[Boys Don't Cry (1999 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.<ref name="lida2"/>

The first trial began on April 14, 2004. Prosecuting attorney Lamiero [[deadnamed]] Araujo, using male pronouns and her birth name to refer to her, saying the defendants had decided "that the wages of Eddie Araujo's sin of deception were death".<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2004-apr-15-me-gwen15-story.html |title=Murder Trial Starts in Teen's Slaying |agency=Associated Press |date=April 15, 2004 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> 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.<ref>{{cite news|title=Article| url=http://findarticles.com/p/articles/mi_qn4176/is_20040918/ai_n14584740/ }} {{Dead link|date=September 2010|bot=RjwilmsiBot}}</ref> Magidson's attorney said that his client was not biased<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2004-apr-16-me-gwen16-story.html |title=Passion Blamed for Teen's Slaying |agency=Associated Press |date=April 16, 2004 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> but had been shocked "beyond reason" to learn he had unwittingly had sex with a "man": a variant of the [[gay panic defense]].<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2004-apr-20-me-gwen20-story.html |title=Witness Unable to Testify About Transgender Teen's Slaying |agency=Associated Press |date=April 20, 2004 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> During his testimony, Nabors said he felt his friends had been raped, since Araujo (whom he referred to as male) "did not come clean with being what he really was. I feel like he forced them into homosexual sex, and my definition of rape was being forced into sex." When asked how she forced them, Nabors answered, "Through deception."<ref name="SFC-040428">{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Defense-grills-star-witness-in-teen-2763861.php |title=HAYWARD / Defense grills star witness in teen murder trial / 'You're lying,' lawyer says to man who pleaded guilty |last=St. John |first=Kelly |date=April 28, 2004 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref>

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.<ref name="LAT-040623"/><ref>{{cite news |url=https://www.sfgate.com/bayarea/article/Accused-killer-was-disgusted-that-transgender-2652631.php |title=Accused killer was 'disgusted' that transgender teen was male |last=St. John |first=Kelly |date=July 26, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> While the jury agreed that Araujo had been murdered, they could not agree whether it was premeditated.<ref name="SFC-060826"/> The final votes were 10–2 in favor of acquitting Merel and Cazares of first-degree murder, and 7–5 in favor of convicting Magidson of first-degree murder. 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.<ref name="LAT-040623">{{cite news |url=https://www.latimes.com/archives/la-xpm-2004-jun-23-me-transgender23-story.html |title=Mistrial Declared in Teen's Killing |last=Lagos |first=Marisa |date=June 23, 2004 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref>

One of the jurors wrote a newspaper article after the mistrial; in it, he credited Cazares's defense attorney, [[Tony Serra]], with introducing enough reasonable doubt about the veracity of the prosecution's witnesses, including both Brown (who had admitted to consuming more than a dozen beers that night) and Nabors (who was characterized as a liar and "chameleon", prone to exaggeration and eager to please in every social situation).<ref>{{cite news |url=https://www.eastbayexpress.com/oakland/left-hanging/Content?oid=1077790&showFullText=true |title=Left Hanging |last=Kluepfel |first=Brian |date=May 11, 2005 |newspaper=East Bay Express |access-date=November 20, 2019}}</ref>

====Second trial====
The second trial began on May 31, 2005. 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. 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.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2005-jul-05-me-gwen5-story.html |title=Keeping Focus on Victim in Retrial |last=Glionna |first=John M. |date=July 5, 2005 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> Magidson, Merel, and Cazares were charged with [[Murder (United States law)|first-degree murder]] with [[Hate crime laws in the United States|hate-crime enhancements]].<ref name=SFC-050826/>

{{quotebox |text=[Gwen] lived every day of her life yearning and longing to be a girl in every sense of the word, so if anyone who didn't know her made her feel that way, why would she reveal that she is transgender? Especially in today's society, she would have been rejected if not harmed had she been so open about it. |author=&nbsp;—&nbsp;Emma Rodrigues, Gwen Araujo's aunt |source=Statement at sentencing hearing, January 27, 2006<ref name=eBAR-060201/> |width=20em}}
The three defendants testified in this trial—and blamed each other as well as Nabors. Nabors, testifying for the prosecution, stated that Magidson admitted to strangling Araujo. Merel testified that Nabors was responsible for the major head injuries to Araujo, but supported the assertion that Magidson had strangled her. Magidson testified that Nabors admitted he had strangled Araujo. 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. Moms—especially moms—if they knew the facts—you'd be surprised."<ref>{{cite news |url=https://www.ebar.com/news///236289 |title=Final defendant testifies in Araujo murder trial |last=Szymanski |first=Zak |date=August 17, 2005 |newspaper=The Bay Area Reporter |access-date=November 20, 2019}}</ref>

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".<ref name=SFC-050826>{{cite news |url=https://www.sfgate.com/bayarea/article/NEWARK-Teen-s-death-a-crime-of-passion-defense-2645355.php |title=NEWARK / Teen's death a crime of passion, defense says |last=Herron Zamora |first=Jim |date=August 26, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> Serra also argued that Cazares took no active role in killing her.<ref name=SFC-050826/> 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 Merel.<ref name=SFC-050826/> He asked the jury to return first-degree murder convictions of Magidson and Cazares, fingering Magidson as the main culprit who had strangled Araujo and calling him "a poor excuse for a man" with a "stupid and moronic" list of excuses for murdering her.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2005-aug-25-me-araujo25-story.html |title=Murder Trial Nears End |last=Glionna |first=John M. |date=August 25, 2005 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref>

On September 8, the jury announced that it had reached verdicts on two of the three defendants. As Judge Harry Sheppard instructed, the verdicts were kept secret.<ref>{{cite web|url=http://cbs5.com/crime/transgender.teen.murder.2.1009236.html|title=Newark Transgender Teen Murder Verdicts Upheld|work=CBS 5 CrimeWatch|url-status=dead|archive-url=https://web.archive.org/web/20090515165010/http://cbs5.com/crime/transgender.teen.murder.2.1009236.html|archive-date=May 15, 2009|access-date=May 13, 2009}}</ref>

On September 12, after a week of deliberation, the jury announced its verdicts. It had deadlocked on Cazares, voting 9–3 in favor of convicting him for murder. Magidson and Merel were each convicted on the charge of second-degree murder,<ref>{{cite news|url=https://www.foxnews.com/story/2-convicted-of-murdering-transgender-teen|title=2 Convicted of Murdering Transgender Teen|date=September 13, 2005|access-date=September 13, 2005|url-status=live|archive-url=https://web.archive.org/web/20061121025640/http://www.foxnews.com/story/0,2933,169262,00.html|archive-date=November 21, 2006|publisher=[[Fox News]]}}</ref> but not convicted of the hate-crime enhancement allegations.<ref name=SFC-050914>{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Manslaughter-ruled-out-Araujo-juror-2609519.php |title=HAYWARD / Manslaughter ruled out, Araujo juror says / 'Events devolved into brutal beating and homicide' |last=Lee |first=Henry K. |date=September 14, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> 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".<ref name=SFC-050914/>

Lamiero had undermined criminal intent by commenting, "Gwen being transgender was not a provocative act. It's who she was. However, I would not further ignore the reality that Gwen made some decisions in her relation with these defendants that were impossible to defend&nbsp;... 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."<ref>{{cite web|url=http://www.law.ucla.edu/williamsinstitute/press/LawyersDebateGayPanicDefense.html|title=Lawyers Debate 'Gay Panic' Defense|publisher=[[Associated Press]]|url-status=dead|archive-url=https://web.archive.org/web/20060912063346/http://www.law.ucla.edu/williamsinstitute/press/LawyersDebateGayPanicDefense.html|archive-date=September 12, 2006|access-date=November 20, 2007}}</ref>

Michael Magidson and José Merel were sentenced in January to 15 years to life in prison, for second-degree murder. While Merel 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.<ref name=eBAR-060201>{{cite news |url=https://www.ebar.com/news///236692 |title=Araujo's killers sentenced |last=Szymanski |first=Zak |date=February 1, 2006 |newspaper=The Bay Area Reporter |access-date=November 20, 2019}}</ref>

====Jason Cazares====
To avoid a third trial, Cazares pleaded [[no contest]] to manslaughter on December 16, 2005,<ref name="SFC-051217"/> and was sentenced to six years in prison,<ref name="SJMN-161014"/> with credit for time already served.<ref>{{cite news |url=https://www.ebar.com/news///236608 |title=Cazares plea brings Araujo trial to close |last=Szymanski |first=Zak |date=December 21, 2005 |newspaper=The Bay Area Reporter |access-date=November 20, 2019}}</ref> Attorney [[Gloria Allred]] represented Araujo's family.<ref>{{cite news|title=Man Given 11 Years in Gwen Araujo's Death|url=https://www.latimes.com/archives/la-xpm-2006-aug-26-me-sentence26-story.html|work=Los Angeles Times|agency=Associated Press|date=August 26, 2006}}</ref> Cazares asked to begin serving his sentence after the birth of his third child, scheduled for March or April 2006, which was granted,<ref name=eBAR-060201/> although Lamiero noted "it's difficult for me to entertain a request like that when Gwen Araujo is dead".<ref name="SFC-051217">{{cite news |url=https://www.sfgate.com/bayarea/article/HAYWARD-Araujo-case-draws-to-close-Last-2588002.php |title=HAYWARD / Araujo case draws to close / Last defendant pleads no contest to avoid third trial |last=Lee |first=Henry K. |date=December 17, 2005 |newspaper=San Francisco Chronicle |access-date=March 31, 2018}}</ref> 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.<ref name="SFC-051217"/>

==Aftermath==
Gwen Araujo was mourned in a public funeral at St. Edwards Catholic Church in Newark on October 25, 2002. [[Fred Phelps]] and the members of Phelps's [[Westboro Baptist Church]] promised to picket the funeral,<ref name=LAT-021025/> but did not.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2002-oct-26-me-funeral26-story.html |title=Mourners Overflow Funeral of Teen Allegedly Slain Over Sexual Identity |author=Tempest, Rone |date=October 26, 2002 |newspaper=Los Angeles Times |access-date=March 31, 2018}}</ref> There were people there that picketed with signs, but friends wore angel wings to block the casket from the signs. She was cremated, and her mother Sylvia Guerrero retained the urn with her ashes.<ref name=SFC-031003/>

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.<ref>{{cite news |url=https://www.ebar.com/news/news//268254 |title=Longtime trans activist says goodbye to TransVision |author=Madison, Alex |date=November 14, 2018 |newspaper=The Bay ARea Reporter |access-date=November 20, 2019}}</ref><ref>{{cite web |url=https://tri-cityhealth.org/medical-services/transvision/ |title=TransVision |publisher=Tri-City Health Center |access-date=November 20, 2019 |archive-date=June 1, 2020 |archive-url=https://web.archive.org/web/20200601040323/https://tri-cityhealth.org/medical-services/transvision/ |url-status=dead }}</ref>

At the request of Guerrero, a judge posthumously [[name change|changed the victim's legal name]] to ''Gwen Amber Rose Araujo'' on June 23, 2004.<ref name="namechange">{{cite news | last = St. John | first = Kelly | title = Araujo name change request granted | publisher = [[San Francisco Chronicle]] | date = July 1, 2004 | url = http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/07/01/araujo01.TMP | access-date = March 11, 2008}}</ref> ''Amber Rose'' was the name Guerrero had chosen before her child was born, in the event it was a girl.<ref name=Emporia-09/>

On the first anniversary of the murder, Horizons Foundation created the ''Gwen Araujo Memorial Fund for Transgender Education''. 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.<ref name="gwenfund">{{cite news | title = Group creates Araujo memorial fund | publisher = [[Oakland Tribune]] | date = May 3, 2004 | url = http://findarticles.com/p/articles/mi_qn4176/is_20040503/ai_n14576198/pg_1 | access-date = March 11, 2008 | page = 1 | archive-url = https://web.archive.org/web/20090203003529/http://findarticles.com/p/articles/mi_qn4176/is_20040503/ai_n14576198/pg_1 | archive-date = February 3, 2009 | url-status = dead | df = mdy-all }}</ref> By 2005, Guerrero had spoken to more than 20 schools.<ref name="SFC-050913">{{cite news|url=https://www.sfgate.com/bayarea/article/SAN-FRANCISCO-Transgender-community-feels-joy-2608861.php|title=SAN FRANCISCO / Transgender community feels joy, anger at Araujo verdict|author=Buchanan, Wyatt|date=September 13, 2005|newspaper=San Francisco Chronicle|access-date=March 31, 2018}}</ref> The fund was closed sometime before September 2020.<ref>{{Cite web|url=https://www.horizonsfoundation.org/archive-past-programs/|archive-url = https://web.archive.org/web/20200923121923/https://www.horizonsfoundation.org/archive-past-programs/|archive-date = September 23, 2020|title = Archive of Past Programs}}</ref>

Sylvia Guerrero, Araujo's mother, worked as a legal assistant at a San Jose law firm, but, {{As of|2016|lc=y}}, was homeless due to [[PTSD]] from the incident. Guerrero has been unable to return to work and now moves her belongings from relatives' houses using a borrowed car from her friend.<ref>{{Cite web|url=https://www.eastbaytimes.com/2016/10/14/the-murder-of-gwen-araujo/|title=Gwen Araujo murder 14 years later: Transgender teen's killers face parole|date=October 14, 2016|website=East Bay Times|language=en-US|access-date=November 21, 2019}}</ref> {{As of|2022}}, Guerrero was staying with her son but was still too traumatized to return to work.<ref name="guerrero 2022">{{cite news |last1=Cruz Mayeda |first1=Olivia |title=A Mother's Struggle 20 Years After Trans Daughter's Brutal Murder |url=https://sfstandard.com/2022/10/04/gwen-araujo-transgender-mother-murder-san-francisco-memorial/ |access-date=9 December 2023 |work=[[The San Francisco Standard]] |archive-url=https://web.archive.org/web/20231209210849/https://sfstandard.com/2022/10/04/gwen-araujo-transgender-mother-murder-san-francisco-memorial/ |archive-date=9 December 2023}}</ref>

===Media portrayals===
* A [[Lifetime (TV network)|Lifetime]] movie titled ''[[A Girl Like Me: The Gwen Araujo Story]]'', starring [[J. D. Pardo]] and [[Mercedes Ruehl]], first aired in June 2006.
* The case was also the subject of a 2007 documentary, ''Trained in the Ways of Men''.<ref>{{cite news |url=https://www.variety.com/article/VR1117982440.html?categoryid=1061&cs=1 |title=Fests go in for a piece of the action: Cinequest to distribute 'Ways of Men' |author=Jones, Michael |work=Variety |date=March 14, 2008}}</ref> This documentary by Michelle Prevost examines the 2002 murder, and aims to debunk the so-called gay panic (or trans panic) defense.
* "Deadly ID", an episode of [[Investigation Discovery]]'s ''Fatal Encounters'' (season 1 episode 8, first aired May 7, 2012) explored the crime's timeline from both Araujo's and Magidson's dramatized perspectives.<ref>{{cite web|title=Fatal Encounters Episode Guide|url=https://www.investigationdiscovery.com/tv-shows/fatal-encounters/ |publisher=Discovery Networks|access-date=May 12, 2012}}</ref>
* An episode of the Investigation Discovery's ''[[Murder Among Friends (TV series)|Murder Among Friends]]'' titled "Murder Party" (season 2 episode 4) aired on July 6, 2017.<ref>{{cite web |url=https://www.investigationdiscovery.com/tv-shows/murder-among-friends/ |title=Murder Among Friends |publisher=Discovery Networks |access-date=March 31, 2018}}</ref> The episode examines the case using dramatizations of the background of Araujo, events leading up to her murder and the aftermath. It also examines the backgrounds of the killers and their friends, how they got caught, and interviews with the victim's mother, friends, and the victim's advocates, along with showing actual photos of her and her murderers and explaining how the court trials went.

===California legislation===
In September 2006, California Governor [[Arnold Schwarzenegger]] signed the "[https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200520060AB1160 Gwen Araujo Justice for Victims Act]" (AB 1160) into law.<ref name="AB 1160">{{cite web
| title = Gwen Araujo Justice for Victims Act
| url = https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200520060AB1160
| website = California Legislative Information
| date = September 28, 2006
| access-date = June 23, 2015}}</ref><ref name="Hemmelgarn">{{Citation
 | last1 = Hemmelgarn
 | first1 = Seth
 | last2 = Laird
 | first2 = Cynthia
 | title = Ten years later, Araujo's murder resonates
 | newspaper = The Bay Area Reporter
 | date = October 4, 2012
| url = https://www.ebar.com/news///242932
 | access-date = June 23, 2015}}</ref><ref name="EQCA1">{{cite press release
 |title='GWEN ARAUJO JUSTICE FOR VICTIMS ACT' PASSED BY SENATE, SOON TO HEAD TO GOVERNOR'S DESK
 |publisher=Equality California
 |date=August 29, 2006
|url=http://www.eqca.org/site/apps/s/content.asp?c=kuLRJ9MRKrH&b=4096757&ct=5197507
 |archive-url=https://web.archive.org/web/20150623111721/http://www.eqca.org/site/apps/s/content.asp?c=kuLRJ9MRKrH&b=4096757&ct=5197507
 |url-status=dead
 |archive-date=June 23, 2015
|access-date=June 23, 2015
}}</ref> The law limited the use by criminal defendants of the "[[Gay panic defense|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".<ref name="AB 1160"/><ref name="Hemmelgarn"/><ref name="EQCA1"/> 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".<ref name="AB 1160"/>

In September 2014, California Governor [[Jerry Brown]] signed [https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2501 Assembly Bill No. 2501] into law.<ref name="AB 2501">{{cite web
| title = An act to amend Section 192 of the Penal Code, relating to manslaughter
| url = https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2501
| website = California Legislative Information
| date = September 27, 2014
| access-date = June 23, 2015}}</ref><ref name="Pulley">{{Citation
| last = Pulley
| first = Anna
| title = California Bans Gay and Trans Panic Defense
| newspaper = East Bay Express
| date = September 30, 2014
| url = http://www.eastbayexpress.com/CultureSpyBlog/archives/2014/09/30/california-bans-gay-and-trans-panic-defense
| access-date = June 23, 2015}}</ref> 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.<ref name="AB 2501"/><ref name="Pulley"/><ref name="EQCA2">{{cite press release
 |title=Assemblymember Bonilla and Equality California Introduce Bill to Ban "Panic Defense" Strategy as a Courtroom Tactic by Murder Defendants
 |publisher=Equality California
 |date=February 26, 2014
|url=http://www.eqca.org/site/apps/nlnet/content2.aspx?c=kuLRJ9MRKrH&b=8951121&ct=13726343
 |access-date=June 23, 2015
 |url-status=dead
 |archive-url=https://web.archive.org/web/20150623111549/http://www.eqca.org/site/apps/nlnet/content2.aspx?c=kuLRJ9MRKrH&b=8951121&ct=13726343
 |archive-date=June 23, 2015
}}</ref> AB 2501 was introduced by [[Susan Bonilla|Assemblywoman Susan A. Bonilla]] in partnership with [[Equality California]]. In announcing the bill's introduction they cited the murder of Araujo and the 2008 murder of gay California teen [[Murder of Larry King|Larry King]].<ref name="EQCA2"/>

===Parole and release===
Jason Cazares was released from prison in July 2012.<ref name="Hemmelgarn"/>

Jaron Nabors was released from prison some time before 2016.<ref name=SJMN-161014/>

José Merel was granted parole in 2016 with the support of Sylvia Guerrero.<ref name=SJMN-161014>{{cite news |url=https://www.mercurynews.com/2016/10/14/the-murder-of-gwen-araujo/ |title=Gwen Araujo murder 14 years later: Transgender teen's killers face parole |author=Fraley, Malaika |agency=Bay Area News Group |date=October 14, 2016 |newspaper=San Jose Mercury News |access-date=March 31, 2018}}</ref><ref>{{cite news |url=https://www.ebar.com/news///246755 |title=Parole granted for Araujo killer |author=Hemmelgarn, Seth |date=November 2, 2016 |newspaper=The Bay Area Reporter |access-date=November 20, 2019}}</ref>

Michael Magidson said he was not ready for release at his first parole board hearing in 2016, and his request for parole was also opposed by Guerrero.<ref name=SJMN-161014/> Magidson has since had two more parole hearings, which occurred in September 2019 and August 2024, and was denied parole both times. He will be eligible for parole again in 2029.<ref>{{cite news |url=https://www.ebar.com/news/news//281698 |title=Online Extra: Parole denied for killer of Bay Area transgender teen |author=Laird, Cynthia |date=September 11, 2019 |newspaper=The Bay Area Reporter |access-date=November 20, 2019}}</ref><ref>{{cite news |url=https://www.ebar.com/story.php?ch=news&id=334713|title=Parole again denied for Magidson in Araujo killing |author=Laird, Cynthia |date=August 5, 2024 |newspaper=The Bay Area Reporter |access-date=October 8, 2024}}</ref>

==See also==
{{columns-list|colwidth=22em|
* [[Brandon Teena]]
*[[Murder of Angie Zapata]]
* [[Trans bashing]]
* [[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]]
* [[Transgender Day of Remembrance]]
}}

==References==
{{Reflist}}

==Notes==
{{notelist}}

==Further reading==
* {{cite web |url=https://www.leagle.com/decision/incaco20090513025 |title=People v. Merel |date=May 12, 2009 |publisher=Court of Appeals of California, First Appellate District, Division Four |access-date=March 31, 2018}}
* {{cite web |url=http://www.sfgate.com/opinion/openforum/article/Life-after-Gwen-2542837.php |title=Life after Gwen |last=Guerrero |first=Sylvia |date=January 26, 2006 |website=[[SFGate]] |publisher=Hearst Communications |access-date=June 2, 2015}}
* {{cite web|url=https://www.ebar.com/news///242932|title=Ten years later, Araujo's murder resonates|last1=Hemmelgarn|first1=Seth|last2=Laird|first2=Cynthia|date=October 4, 2012|website=[[The Bay Area Reporter]]|publisher=BAR, Inc.|access-date=February 21, 2021}}
* {{cite web |url=http://www.salon.com/2014/10/18/she_wanted_to_be_normal_we_both_did_why_gender_sexuality_and_desire_matter/ |title='She wanted to be normal. We both did': Why gender, sexuality, and desire matter |last=Hernández |first=Daisy |author-link=Daisy Hernández |date=October 18, 2014 |website=[[Salon (website)|Salon]] |publisher=Salon Media Group |access-date=June 2, 2015}}

{{Portal bar|California|Transgender|LGBTQ}}

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[[Category:2002 in California]]
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[[Category:Violence against women in California]]
[[Category:LGBTQ history in California]]
[[Category:Newark, California]]
[[Category:Transgender history in the United States]]
[[Category:Violence against trans women]]
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[[Category:Deaths by person in California]]
[[Category:American victims of anti-LGBTQ hate crimes]]
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