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HOUSTON – The widow of a fallen Wharton firefighter made a tearful statement on Thursday, but did not address the question surrounding her gender. Nikki Araguz was born a boy, but is now a woman.

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The issue came to light during a legal battle with her husband's family. The issue is whether her husband knew.

Araguz made a brief statement and said she is still devastated by the loss of her husband.

"(I'm) horrified at the horrendous allegations accusing me of fraud because they're absolutely not true. That's all I have to say," she said.

Araguz married Wharton volunteer fire Capt. Thomas Araguz III in 2008.

The 30-year-old was killed fighting an egg farm fire on July 4.

Eight days later, his parents sued to freeze his insurance and other benefits, claiming he and his wife were not legally married because Nikki Araguz was born a male.

As her attorneys discussed the case, Araguz began crying. She left before they finished.

Nikki Araguz said her husband was fully aware of her history and that together they had a loving marriage.

Her attorneys insist she deserves the same support as the legitimate wife of fallen public servant.

"I just hope that firefighters and police officers and military people who put their lives on the line see that Ms. Araguz is in a similar situation to their loved ones," said Phyllis Frye, an attorney.

But, Thomas Araguz's parents contend the couple separated two months before his death, after he learned about his wife's past.

The case will be heard in a Wharton County courtroom on Friday at 9 a.m.


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