The Social Network & Community JUST for Firefighters
Judge to Hear Evidence in Fallen Texas Captain’s Benefits Trial
Houston Chronicle
Reprinted with Permission
WHARTON — A judge today agreed to temporarily bar the allegedly transgendered widow of a Wharton firefighter from spending or collecting his death benefits.
Related
Debate Begins over Texas Fire Captain’s Benefits
State District Judge Randy Clapp ruled this afternoon after hearing from Nikki Araguz that she received a check for $60,000 Thursday, about a tenth of the total cash expected because of Thomas Araguz's July 4 death in an egg farm inferno. Thomas Araguz's parents have filed a lawsuit alleging that the marriage is void because Nikki Araguz was born a man.
Clapp also heard from a Houston Police Department family liaison who said the family can expect about $600,000 in cash, which would be split in half between Nikki Aruguz and her late husband's two sons from a prior marriage. The family can expect other benefits as well.
Clapp also heard testimony from Simone Longoria, Thomas Araguz's mother, who brought the lawsuit days after her son's funeral to "shut Nikki out."
Clapp ordered that Thomas Araguz's gun and his captain's badge be held in trust during the litigation.
Nikki Araguz on Thursday said any allegations that she misled her late husband about her past are false.
Today's hearing is the first step in litigation to determine whether the two were legally married.
In court, Nikki Araguz's birth certificate and an affidavit in which she changed her name were admitted into evidence.
The law that generally determines gender in Texas is a 1991 court case, which held that three factors - a person's gonads, genitalia and chromosomes - determine gender at birth.
Clapp met with attorneys on both sides privately during lunch. He is expected to reconvene at 1:15.
Replies to This Discussion
-
Permalink Reply by Paul Montpetit on
-
Are we now making legal decisions and arguments ...? I thought this was a Fire/EMS discussion site......I will put this bluntly.....If they were LEGALLY married then fine....if not...well that's fine as well...it's up to the court to decide what's what in Texas...not for us.
-
-
all this experience and still in high school.....Fire Service can be blunt...maybe you shouldn't "share" so much just yet.......
-
Permalink Reply by Roy Walker on
-
It always has.
-
-
As always I feel that there is much more to this story than meets the eye.....I won't comment further unless ALL of the FACTS are submitted.....
-
Permalink Reply by Lo Penhall on
-
AMEN !
-
-
I just read the entire article...and according to the article Texas law states same sex marriages are NOT legal or recognized by the State of Texas...The law also states that sex is determined at birth and remains the same to death....If this is in fact the State law then I don't see where his sig other has a leg to stand on...But according to the article the "family" isn't seeking the death benefit but rather trying to get them for the children....like it or not....this is the way it is......May I suggest reading the entire article and not just pick what you want out of it.....I will be watching this case in the news......
-
Permalink Reply by Caroline on
-
i'm not sure who you are responding to in your latest post, but i have indeed read the whole article, not on this site, and done my own research on the issue.
i'm simply trying to encouraged people to ensure this doesn't happen to anyone, period.
You're right Mr. Montpetit, this is a fire/EMS forum...however if our comments were really irrelevant or inappropriate, i have faith that a moderator would take them down. Of course the final say is up to the court, but we are entitled to our own opinions and encouraged to voice them, especially to the people who make these laws.
The first step is spreading information.
In regards to my personal life, the fire service can indeed be blunt. I don't see why what I've shared is "so much". My intentions in any posts I've made on this subject, are to promote awareness, tolerance and action. I want people to understand that this isn't just a case, that has happened to someone you don't know. This happens to people all the time; to people you know, and you can change the laws that allow this to happen.
I'm sorry if the discussion has offended you in any way.
-
Permalink Reply by Sam Dominguez on
-
Permalink Reply by walt on
-
Todays newspaper says that the fireman had given a deposition in April that he did not know his so called wife/husband was a man.. Now it will be a past firefighter word agains a dude who might not have told the truth. Hope the kids get peace and the wifes get nothing.
- ‹ Previous
- 1
- 2
- 3
- Next ›
© 2024 Created by Firefighter Nation WebChief.
Powered by
