Michael William Magidson, the last of the four murderers of trans teenager Gwen Araujo who is still incarcerated, was again denied parole following an August 1 hearing from Valley State Prison in Chowchilla, California where he is being held, according to the California Department of Corrections and Rehabilitation.
According to the CDCR website, Magidson, 44, was denied parole for the second time. His next hearing will be in five years.
At his initial parole hearing in 2016, Magidson stipulated that he was not suitable for parole for three years. His last hearing was in 2019.
Sylvia Guerrero, Araujo's mother, wrote in a text message to the Bay Area Reporter that she attended the virtual hearing last week.
According to a portion of the audio from the hearing that Guerrero shared, the parole board felt Magidson hadn't addressed issues such as anger management, substance use, and domestic violence in his group programming, among other factors. It did not appear that Magidson had been attending the groups, the board said. Araujo's family members who attended the hearing said that Magidson told the board he did not like group settings.
In a phone interview August 5 with the B.A.R., Guerrero praised the parole board.
"I'm suffering the punishment of this crime, and he's still not remorseful," Guerrero said.
Guerrero said that Magidson talked about how he's always been judged.
"This was exactly my daughter's life," Guerrero said, stating that Araujo was often judged by others.
Araujo, 17, was killed in October 2002 at a house party in the East Bay city of Newark, California. Two men at the party had reportedly had sex with the young woman they'd known as Lida, and they murdered her after their suspicions that she was a trans woman were confirmed. The men then drove Araujo's body to a grave in the Sierra foothills.
Araujo's murder brought unprecedented attention to transgender issues and prompted a state law barring the use of the "panic defense," where people charged with murder defend themselves by claiming the victim's sexual orientation or gender identity triggered them.
Other speakers at the parole hearing included Guerrero's sister, Lupe Downing, who had also attended the proceeding five years ago.
"This go-around I was very impressed with the questioning they gave him, because he is a threat to society," Downing said in a phone interview.
"He has not changed his mindset," Downing added. "He believes he was wronged."
Downing added that the pain and loss is still present 22 years later.
"It's never ending for someone who loses a loved one," she said.
Michelle Palafox, Guerrero's niece and Araujo's cousin, also attended the hearing. In a phone interview, Palafox said she's the oldest of the kids, and had known Araujo her entire life.
"We went through the whole parole hearing," she said. "We heard about his behavior and that he hasn't actively been doing any of the groups."
As the B.A.R. noted after Magidson's last parole hearing in September 2019, Guerrero said that Magidson, for the first time, had said he was sorry. "He admitted to his part in her killing," Guerrero wrote. "He took all of the blame for her death. He also admitted that he strangled her and that he could have saved her life but didn't." She also stated at the time that she didn't believe his apology was sincere.
This recent hearing was different, family members said.
Palafox said that Magidson did not show remorse. "It was pretty intense to hear him blame friends, blame his upbringing, blame everything," she said. "He did admit he did most of the acts of murder."
"I'm satisfied with the decision," she added. "I felt if he's let out, it'd be a huge risk to society. Crimes are rising against the gay and transgender community. I told them this is where he belongs."
Magidson was sentenced in 2006 to 15 years to life with the possibility of parole after being convicted of second-degree murder in Araujo's death.
The three other men who killed Araujo have all been released from prison.
Jose Merel, 44, was granted parole in 2016.
Jason Cazares, 44, pleaded guilty to voluntary manslaughter and was discharged from prison in 2012.
Jaron Nabors, 41, pleaded guilty to manslaughter in exchange for his testimony and was sentenced in 2006 to 11 years in prison but was released early.
A GoFundMe campaign to help Guerrero is still accepting donations, she said. She stated on the site that she has suffered from severe post-traumatic stress disorder since Araujo's death.
In the years since Araujo's murder, life has been tough for Guerrero, who has experienced financial and health issues. She has been outspoken in her advocacy for the transgender community and has received awards for her efforts. Two years ago, a civic remembrance took place at the San Francisco Public Library to mark the 20th anniversary of Araujo's death. Guerrero attended, as did many trans and LGBTQ leaders.
"I took something negative and turned it into something positive," Guerrero said this week of her efforts to help the trans community.
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