The Human Rights Campaign and other groups expressed strong disappointment as the jury declared a mistrial in the trial of three men accused of killing Gwen Araujo, a 17-year-old transgender woman, who was viciously attacked and killed Oct. 3, 2002, in Newark, Calif., by four of her peers. According to press reports, the jury couldn’t concur on the most serious charge possible: first-degree murder with hate-crime enhancements.
Judge Harry Sheppard declared the mistrial, saying the jury was ‘hopelessly deadlocked’ after 10 days of deliberating.
The three defendants, Michael Magidson, Jose Merel, and Jason Cazares, were accused of beating Araujo to death using fists, canned goods, a skillet, and a shovel, then driving her body 150 miles to bury her in the El Dorado National Forest. The men were charged after an accomplice, Jacob Nabors, confessed to the police. Nabors said that after burying Araujo, the defendants then went to McDonald’s for breakfast.
While prosecutors argued Araujo’s death was first-degree murder, defense attorneys claimed the crime was caused by the men’s ‘passionate rage’ at learning Araujo’s biological sex and should be considered manslaughter. ‘We are disappointed that justice for this vicious killing has been delayed. However, we are encouraged that all of the jurors appeared disposed to convict, and that none of them bought the defense’s outdated and out-moded ‘gay-panic’ defense. We remain confident that justice in the killing of Gwen Araujo will be done,’ said GenderPAC Executive Director Riki Wilchins.
The district attorney has said the county will seek a new trial. The hearing is July 30.