The Fireman's Wife

Nikki Araguz, formerly Justin Purdue, clashes with family over her late husband's legacy.

The gusting winds and raging flames may be his final fate

But with God's help, I can remain my fireman's faithful mate

— The Fireman's Wife's Prayer

Captain Thomas Araguz was about 150 feet into the building when he became separated from the other two men on his team, trapped as the structure burned around him.

The falling, flaming beams of the Maxim Egg Farm processing center drove a wedge between Thomas and the men, a dividing line between who would die and who would make it out with minor burns. The others would be able to claw their way through the wall of smoke, far enough away for rescue teams to drag them to safety, but Thomas was too far in. Either blinded by the smoke or pinned in by blazing debris, he could not find his way out.

The fire, which would later be ruled accidental, caused by resistance heating in a light fixture, had been reported to the Wharton Police Department around 9:40 p.m. When Wharton County firefighters arrived at the site ten minutes later and saw what they were up against, they called for assistance. Multiple structures were ablaze, including a 25,000-square-foot, 250-foot-long building where eggs were put into cartons.

Each time the Rapid Intervention Teams charged the building, the intensifying heat and smoke drove them back. Temperatures inside could have been anywhere from 1,600 to 2,100 degrees. The fire simply would not give. With no hydrants near the sprawling egg farm in rural Boling, tankers had to haul water from as far as 11 miles away.

Outside the inferno, Thomas's uncle, firefighter Arthur Araguz, knew he had to make a phone call he'd give anything not to. It was about 10:30 when he called his brother, Thomas's dad. Big Tom was at home, about 20 miles away from where his only son would lose his life.

When Big Tom answered, all Arthur could say was: We're missing one person.

"Don't tell me who it is," Big Tom said. But of course he knew.

He called his ex-wife Mona, Thomas's mom, and his daughter, Raquel. Big Tom and Mona rushed to his mother's house, where they could follow the fire on a police scanner. They huddled around the black box all night, listening as calls went out for help from other departments. All told, 31 departments — 150 firefighters — had to take down the fire that took down their boy.

At first light, Big Tom and Mona sped to Maxim, where crews were still fighting the flames after nearly nine hours. It would be another hour before searchers would find Thomas. His helmet, adorned with Thomas's customary shamrock stickers, was in one place; his body, another.

When his comrades had lost sight of Thomas, he would have had about 15 minutes of oxygen left. If by some miracle the flames hadn't immediately consumed him, he had a long time to think about what he was leaving behind. Two beautiful boys. A sister who was about to be married.

And a wife, who at that moment was in her car on her way to California. Nikki Araguz wouldn't find out about Thomas until another fireman's wife called her a little after five in the morning, around the time she hit Las Cruces. No one from Thomas's family had called her, and the reasons why would be laid out in a lawsuit filed by Thomas's ex-wife, Heather Delgado, and served to Nikki the day after she buried her husband.

Incredibly, for a man who lived check to check, Thomas's death benefits totaled $600,000, to be split between his wife and a trust for his sons. His ex-wife's lawsuit, which was quickly followed by an identical suit filed by his mom, laid it out for the world to see: Nikki Paige Araguz, wife, stepmother, magazine publisher, former Wharton mayoral candidate, was born a man.

According to the lawsuit, whatever face Nikki presented to the community, whatever a surgeon and scalpel rendered below, Nikki was really Justin Graham Purdue, a two-bit con in disguise. She was a he who lured a God-fearing heterosexual into a marriage that should never have been recognized by the state of Texas. The suits claimed that Thomas didn't find out the truth until April 2010.

Both suits rely on a 1999 case, Littleton v. Prange, in which a state appeals court ruled that Christie Lee Littleton, a transgender woman, was legally a male and therefore her marriage to Jonathan Mark Littleton ten years earlier was invalid under Texas law.

However, Nikki's attorneys argue that a 2009 Texas statute that became law after the couple was married renders Littleton moot. That legislation expanded a marriage license applicant's proof of identity to include "a court order relating to the applicant's name or sex change."

In the days after they filed their suits, Thomas's ex-wife and immediate family would tell the media how the revelation drove Thomas into despair; how the couple separated; how he would have wanted all the money to go to his boys.

As of early August, there is no way to tell how long the litigation will last. Both sides say that, as long as they have to fight in court over what they believe Thomas would have wanted, neither will be able to properly mourn.

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  • anonymous barrister 08/14/2010 9:55:00 PM

    Zoe - Your Frank Mann smackdown for mayoral candidate gave me a belly laugh, and I am still laughing. Great stuff! Fight the good fight, and good luck. P.S. Widow2 - I am despicable, heartless, and influenced by the "sadistic" Frank Mann? Really? Have you actually read my postings on this topic? I don't know whether to be depressed or have another belly laugh. (I just lied. I already had the belly laugh).

  • Zoe Brain 08/14/2010 9:05:00 AM

    anonymous barrister - Actually, you sound like a pretty good lawyer to me. You ask if I would have voted for her for mayor? That depends on who her opponent was. If it was Frank Mann, then probably I would. Otherwise, probably not. I'd ask you in turn if you were her lawyer, wouldn't you fight just as hard for her as for any other client? We both know the answer to that one. You would of course.// Yes, the NAACP decided on pragmatic grounds to fight a case involving a client with an unimpeachable character. Of course, it had to be a set-up, as Rosa Parks admitted in later life. You're also right that I'm naive. Idealistic even. We're not being pragmatic here, that's for sure. We could easily end up as thoroughly defeated as the defenders of the Alamo. But you know what? I think that maybe, just maybe, some residents of Wharton will recognise that we're not pragmatic, or sensible, or realistic. That we're doing what's right, regardless. And it *is* right, isn't it? Even you recognise that. We can't afford the luxury of pragmatism, any more than James Bowie and William Travis could. And there is one more thing - if Justice is done to the Widow Araguz, then no Judge in Texas in the future is going to have the excuse that the law only applies to those of unimpeachable character, are they?

  • anonymous barrister 08/14/2010 1:55:00 AM

    Zoe, I hate to sound like an A-hole, but your response has kind of proven the point of my first message: Why are you holding up Nikki Araguz as your bellcow? You are trying to set precedent in the court system (your legal arguments are compelling,btw) with a person that no person could root for. Be honest with yourself. If you were a resident of Wharton, knowing what you know about Nikki, would you have voted for her for mayor? I doubt it. You are too honest. You know her character. You have missed the obvious analogy with the Claudette Colvin case (which I do know about). The black citizens fighting for rights recognized the real world (right or wrong). They took a step back and fought another day with Rosa Parks - an unassailable victim of ignorant discrimination. There is an old adage in law: "Bad facts make bad law." You are charging into the fray to set precedent ("case of first impression") with a plaintiff who is just an awful person. If you believe that you can run the gauntlet of right-leaning judges in Wharton County, the Court of Appeals and the Supremes without them considering Nikki's background and character and ruling without bias just on "black letter law," you are seriously naive. I would suggest you think about taking a step back on this case and find your Rosa Parks to win the fight that I hope, someday, you win.

  • Kat 08/14/2010 1:28:00 AM

    "Terrific article. Well written. Balanced. I don't really care who wins this fight, but I do wonder why the transgender community is holding Nikki Araguz - a disgusting (not physically), lying, deceitful, fame-craving, drug addled, drunk, con artist, pathological liar, and thief - to be their poster child for respect and recognition?" I can only speak for myself - an individual transsexual woman - but I'm not hoding her up as anything special. However, she is someone whose case is relevant. No transsexual, even one who may or may not be a "lying, deceitful, fame-craving, drug addled, drunk, con artist, pathological liar, and thief" (or any combination thereof) should have to live in fear that a crooked lawyer will use confidential information to ruin the most critical aspect of her life, an aspect which is not legally dependent on whether one is a "lying, deceitful, fame-craving, drug addled, drunk, con artist, pathological liar, and thief" (or any combination thereof.)

  • Jenna M 08/13/2010 7:08:00 PM

    widow2, I was having breakfast this morning with a NYC firefighter and we were discussing the subject of wills because his was out dated,, Factoid, Half the firefighters kiled on 9-11 did not have wills and those that did had outdated wills. For that reason the Firefighter union now has wills done on a on going basis so the civvil mess after a death is not so dramatic

  • Zoe Brain 08/13/2010 5:22:00 AM

    Note that I'm deliberately putting the worst possible imputation on Ms Araguz' character. I'm saying that even then, her treatment should be no different than if she was a candidate for canonisation. By the same token, any character flaws of the Ex- should also be completely irrelevant. I'm emphatically not saying that such an imputation is correct.

  • Zoe Brain 08/13/2010 5:12:00 AM

    anonymous barrister - It took me a 20 month legal fight just to get a passport. I was originally granted a travel document good to leave the country, but not return, even though I'm a citizen. I can assure you from personal experience that transphobia doesn't care about one's personal record (even though I'm not TS, but IS, they make no such nice distinctions). Just as racism didn't care if the victim was Dr Martin Luther King, or Malcolm X. Look, I'm a bit of a straight arrow. Prudish. A prig, if you like. Conservative, just the kind of gal who'd be one of the "Concerned Women of America" under other circumstances. But my experiences, and my unusual biology, have caused me to mix with people I'd never have considered being within my social circle before. Drug users. Prostitutes. People who have done immoral things, just to survive. You know the average age a Trans child is kicked out of home now? 13 and a half. Some are ejected onto the streets at age 9, disowned. And many child refuges have a "No Trans, No Intersexed" policy. Any wonder they become feral? Society treats them like dirt, so they become dirty. Now Ms A. hasn't had such excuses. And you may have had more experience as a barrister with professional dirtbags (pardon my language) than I have, so can recognise one where I can't. In the end though, what matters is not the character of the people concerned, it's whether they're being treated equally under the law. Remember Claudette Colvin ? She spontaneously resisted Alabaman bus segregation preceding the better known Rosa Parks incident by nine months, but her case was not publicized for long by black leaders because of her image as an unmarried pregnant woman. Well, we're not like that. Nor do I think we should be. anon_b, those of us who have experienced such discrimination can't in all conscience abandon even dirtbags who get the same. Even if it is bad PR. There's a principle at stake, and in order to defend the moral high ground, first we have to occupy it.

  • widow2 08/13/2010 12:47:00 AM

    It is maddening to those who are friends of Nikki and her family, and knew Thomas personally - NOT the "court of public opinion" - to read media "tales" that are edited, paraphrased, based on the writer's point of view, interviews taken out of context, speculations, assumptions, and characterizations cozily placed within the story to affect audience reaction. Motive: to sell advertising, generate marketing dollars. Yes - The Houston Press, and every media outlet who is exploiting "The Fireman's Wife" - by the way, Craig, congratulations on such a provocative, striking headline and front cover - is profiting from this tragedy. READ the article: Nikki first SAW Thomas at a park. They actually MET at Grace Church. Nikki has more courage, strength, spirituality, unconditional love, generosity and dedication than most people ever gain in a lifetime - her struggles are unique, and those who dare to criticize, judge, or humiliate someone's CHILD publicly with malicious intent - should try to walk a day in Nikki's life, ANY day, or her mother's, or any of us who know her now, or as a child growing up. It is sorrowful to know how this is affecting so many people, and could have been avoided. It is inexcusable that Thomas' mother and his EX-wife brought these allegations and lawsuit, with the sole intent to wound Nikki and deprive her of what Thomas intended: to take care of her, his WIFE, and his two sons, no matter what. For anyone who says "what about a will?" - How old are you? Do YOU have a will? Many young people, yes, even volunteer fireman, believe they are immortal - invinceable - and don't think about a will. Especially when there is no home or property. Thomas and Nikki didn't own anything of value: no house or property, no money. Nikki didn't even KNOW about the benefits - for God's sake, she loved her husband! She didn't anticipate he would be killed in a fire! HAVE ANY OF YOU EVER LOST YOUR HUSBAND OR WIFE???? Do you have a clue the agony of every waking minute, the emptiness in your heart, the man you loved ripped away? It is a physically unbearable pain - indescribable. Only those who have lost their spouse or loved one can truly relate. And Nikki lost even more. In that Boling fire, she lost Thomas AND her two stepsons. We are people who know those children, saw that Thomas and Nikki Araguz family together - at church, gatherings, and at home. They were a happy family, involved with the boys, committed to each other. Every marriage has ups and downs: that is what makes a long marriage, a strong marriage. I know many couples who have been married 10 years to 35 years - it takes work to stay married. Nikki and Thomas understood that, and many in their inner circle know the depth they loved each other. Please kindly contain your harsh comments - your child or loved one could someday be suddenly, unexpectedly thrust in some situation that forever changes their life. Pray you never have to experience the sorrow this tragic fire set ablaze for Nikki Araguz, Thomas' children, and both Nikki and Thomas' parents.

  • Jenna M 08/12/2010 9:02:00 PM

    anonymous barrister,, My apologies if I am mistaken in my comment to you. I am a woman with a transgender past and I am very defensive of folks that have the misfortune to be born this way. So my agressiveness shows sometime and I agree Frank Mann should be removed by his peer group for his actions. The author and I talked at lenght before this was written and he has kept his word with absolute integrity and for that I am thankful and respectful.

  • yesido 08/12/2010 7:52:00 PM

    couldn't a simple xray determine if she was born a female? maybe they could find her reproductive organs and this case would be solved. I mean she claims she had PAIS,wouldn't the xray solve this controversy.

  • anonymous barrister 08/12/2010 5:55:00 PM

    Zoe Brain and Jenna, I assure you that I am not Frank Mann, have never met Frank Mann, and I do not know anyone involved in the case. In fact, I commented on another message board (not The Press) that, as an attorney, I find Frank Mann's actions "outrageous." But, I am posting anonymously and want to stay that way b/c I generally think that it is unseemly for one lawyer to criticize another lawyer's work (unless he/she is the opponent). But, in this case, I, on the facts that I have learned, believe Mann's conduct to be outrageous. I have no dog in this fight. It is a fascinating legal case for so many reasons, and I will continue to follow it. But Zoe, your comment that the fact that you have lived a good, honest, constructive life would make no difference to people, is nonsense. You, apparently are a good person that I could root for. I cannot root for a scumbag like Nikki Araguz. I don't root against her, either, because I have sympathy for transgenders and believe that they should be treated with respect like anybody else. (However, if she were my client I would fight like hell for her - just as you are.). It is undoubtedly tough at times for transgenders. Life is tough at times for everybody, but it is a lot less tough if you are honest. Nikki Araguz does not have an honest bone in her body. Good luck to you, Jenna and Zoe

  • Zoe Brain 08/12/2010 4:22:00 PM

    anonymous barrister - because if we don't help her, who will? We can't pick and choose those persecuted - and I think that word is exactly appropriate here - so that they're all saints, or even people we'd willingly be seen with. She's a widow. She's been victim of a co-ordinated smear campaign by a lawyer who I think disgraces your profession. This article is by far the best I've seen on the issue. Journalism, not advocacy. The picture it paints isn't always pretty, it's definitely warts and all. But accurate, yes, and well-researched. That is all that we ask. Not privileged treatment. Fair treatment, the same treatment that any other woman in this situation would receive. I'm not Transgendered as such. I'm intersexed, born with a body that looked mostly male at birth, and (mis)diagnosed with Partial Androgen Insensitivity Syndrome (PAIS) in 1985. In 2005, as the result of many, many medical tests, ultrasounds, blood tests, gene tests, and MRI scan... that was changed to "severe androgenisation of a non-pregnant woman". By then I looked about as female as I did male before. I'm a Rocket Scientist. Because I've worked in defence and aerospace - and other sensitive areas - I've had to have some fairly unusual clearances. Including stringent police checks. My work's saved a number of lives. But you think that would make the slightest bit of difference to the persecution I'd endure if I were in her situation? I can tell you from painful experience that it would not. Not one iota. If we're serious about things like equality, and justice, it must be for all, not just some. Even people whose lives were as imperfect as hers has been, and yes, even for those far worse. Even for people we don't understand, or despise. That's the test, isn't it? You're a barrister - if you don't know that, then what the heck are you doing practicing law?

  • Jenna M 08/12/2010 4:22:00 PM

    I will quietly digest this article while the legal system goes through its process and the author digs for the truth. @anonymous barrister,,could it be the lowly Frank Mann Esquire. It sure sounds like it through and through.

  • Trying to keep this story stra 08/12/2010 2:54:00 AM

    I saw Nikki interviewed on PBS recently and she said she and Thomas met at church. They saw each other and were attracted and then went to eat - now this story says they met a a park. Pick one. P.S. The past is sometimes the future. Nikkie lied under oath in the past because she said she had a really good reason. I'd say $300K is a pretty good reason to lie now.

  • truthteller 08/12/2010 1:42:00 AM

    This article fails to mention the positive things Nikki has done. In-fact she has attended AA for along time now, and yes the past should be the past. Who are we to judge Thomas's love to Nikki. Why did his ex-wife wait till his death to make this an issue because she couldn't stand to see him happy and her children happy with Nikki,and because they are afraid of what they don't understand. Nikki has never wanted anything but the best for Thomas's children. Unfortunatly for Heather she will not be able to erase the wonderful memories that her children will have of Nikki and Thomas before her and his family have created nothing but hate. As for Heather's character, which is failed to be mentioned in this article, is not great either. She stole Nikki's medical records from her place of employment, (and they where notified)and had an affair with her married boss. As everyone in Wharton knows she had a baby recently and poof.....no baby. I think the important thing here is that Thomas loved Nikki and just because his ex-wife and his family can't accept that, they shouldn't bring all this on his memory.

  • USA1 08/11/2010 10:35:00 PM

    Good question!

  • anonymous barrister 08/11/2010 9:30:00 PM

    Terrific article. Well written. Balanced. I don't really care who wins this fight, but I do wonder why the transgender community is holding Nikki Araguz - a disgusting (not physically), lying, deceitful, fame-craving, drug addled, drunk, con artist, pathological liar, and thief - to be their poster child for respect and recognition?

  • USA1 08/11/2010 9:20:00 PM

    "Wife"? Uh, no.

 

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