HOUSTON (KTRK) -- The mother and ex-wife of a Wharton firefighter killed in the line of duty have filed suit alleging he did not know his widow used to be a man.
Thomas Araguz was killed in an accidental fire in Boling at an egg farm on July 4.
The suit, filed by Simona Rodriguez Longorio, his mother, and Heather Delgado, his ex-wife, claims his marriage to Nikki Araguz should be declared void because they "were members of the same sex."
The suit sites Texas family code which states such a marriage is "...contrary to public policy and is void in this state."
The court filing contains documents which purport to claim Araguz was born Justin Graham Purdue on June 4, 1975. The court papers also show what appears to be a legal name change on February 9, 1996 of Justin Graham Purdue. The new name listed is Nikki Paige Purdue.
Nikki Araguz has so far declined to respond to our questions about these allegations. Her spokesperson identifies her as Nikki Purdue.
Wharton County Judge Randy Clapp has issued a temporary restraining order, freezing the couple's assets. Nikki Araguz is not allowed to remove, damage or destroy anything in or from the couple's Wharton home.
A hearing on this matter is set for Friday before Judge Clapp.