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male narrator: In the criminal
justice system,
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00:00:03,220 --> 00:00:07,050
sexually-based offenses are
considered especially heinous.
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00:00:07,094 --> 00:00:08,573
In New York City
the dedicated detectives
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00:00:08,617 --> 00:00:10,575
who investigate
these vicious felonies
5
00:00:10,619 --> 00:00:11,968
are members of an elite squad
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00:00:12,012 --> 00:00:14,275
known as
the Special Victims Unit.
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00:00:14,318 --> 00:00:15,798
These are their stories.
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00:00:18,496 --> 00:00:21,456
[upbeat music]
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00:00:21,499 --> 00:00:25,112
♪
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- [sighs]
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00:00:29,377 --> 00:00:30,900
[exhales]
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00:00:48,178 --> 00:00:49,353
Morning.
- Hey.
13
00:00:49,397 --> 00:00:51,051
- Hey, honey.
- Is that smoothie for me?
14
00:00:51,094 --> 00:00:52,748
- It is now.
15
00:00:52,791 --> 00:00:54,184
- Love the heels,
but be careful in the park.
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00:00:54,228 --> 00:00:55,620
They'll catch in the grass.
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00:00:55,664 --> 00:00:57,057
- Mom, I'll be fine.
18
00:00:57,100 --> 00:00:59,407
- [laughs]
- Love you.
19
00:00:59,450 --> 00:01:01,800
- Love you.
- Bye, Dad.
20
00:01:01,844 --> 00:01:03,019
- Where's Mom?
21
00:01:03,063 --> 00:01:05,021
- Left a note,
had to work a double.
22
00:01:06,892 --> 00:01:08,024
- Eee!
23
00:01:08,068 --> 00:01:09,808
- [exhales]
24
00:01:11,071 --> 00:01:12,724
- Okay, I'm hitting the park.
25
00:01:12,768 --> 00:01:14,770
[giggling]
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00:01:15,901 --> 00:01:17,425
- All right, cool.
Check you later.
27
00:01:19,775 --> 00:01:21,385
- [laughs]
28
00:01:21,429 --> 00:01:23,996
- Afternoon, Darius!
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00:01:24,040 --> 00:01:26,042
This yours?
- Yeah.
30
00:01:26,086 --> 00:01:31,091
- Keep it out of English class,
but keep drawing.
31
00:01:31,134 --> 00:01:32,179
You have talent.
32
00:01:34,659 --> 00:01:36,922
- You have talent.
- Shut up.
33
00:01:39,055 --> 00:01:40,970
- [laughs]
- That was nice.
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00:01:41,013 --> 00:01:42,667
All right, here's your money.
35
00:01:42,711 --> 00:01:44,321
Here's your money.
36
00:01:44,365 --> 00:01:45,670
I was about to give you
a little bit more than...
37
00:01:45,714 --> 00:01:47,542
- There's more.
- No, that's it.
38
00:01:47,585 --> 00:01:49,935
What happened to the coins?
- Where's my money?
39
00:01:49,979 --> 00:01:51,894
- I didn't see you dancing,
little girl.
40
00:01:51,937 --> 00:01:54,288
- Yo, check out this dude
in the dress.
41
00:01:57,029 --> 00:01:59,597
- Nah, son.
That's a tore-up girl.
42
00:01:59,641 --> 00:02:02,861
- Only one way to find out.
43
00:02:02,905 --> 00:02:05,429
- Let's go home.
I'm hungry.
44
00:02:05,473 --> 00:02:06,865
- Hey, what's up with the skirt?
45
00:02:06,909 --> 00:02:07,953
- Excuse me.
46
00:02:07,997 --> 00:02:10,565
- He asked you a question.
47
00:02:10,608 --> 00:02:12,132
- You one of them he-shes?
48
00:02:12,175 --> 00:02:14,264
- Maybe you got a bra on
under there.
49
00:02:14,308 --> 00:02:15,961
- Let's see, tranny.
50
00:02:16,005 --> 00:02:17,354
- Nah, that can't be
a girl, man.
51
00:02:17,398 --> 00:02:19,182
- Nah, that's a dude.
- Get away from me.
52
00:02:19,226 --> 00:02:21,315
- What the hell?
Beat his ass.
53
00:02:21,358 --> 00:02:22,968
- Come on, slut.
- Get away.
54
00:02:23,012 --> 00:02:25,319
- Yo, just record it,
just record it.
55
00:02:25,362 --> 00:02:28,191
- Darius,
we're gonna get in trouble.
56
00:02:28,235 --> 00:02:29,323
- [laughs]
You want it?
57
00:02:29,366 --> 00:02:32,021
- That's not funny.
58
00:02:32,064 --> 00:02:34,458
- Okay, white girl.
- [laughs]
59
00:02:34,502 --> 00:02:36,721
You're not getting that camera
back, uh-uh.
60
00:02:36,765 --> 00:02:38,332
- Just give it back.
61
00:02:38,375 --> 00:02:40,116
- Aw, she likes you, Darius.
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00:02:40,160 --> 00:02:41,291
- They dancing now.
63
00:02:41,335 --> 00:02:43,337
- Get off me, you freak.
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00:02:43,380 --> 00:02:44,468
[gasping]
65
00:02:44,512 --> 00:02:46,992
[thud]
- [gasps]
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00:02:58,178 --> 00:02:59,527
- We got to go. We got to go.
Come on.
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00:02:59,570 --> 00:03:02,399
- Run.
- Come on.
68
00:03:02,443 --> 00:03:03,835
- Let's get out of here.
69
00:03:03,879 --> 00:03:05,620
- Run, man.
70
00:03:05,663 --> 00:03:07,404
- Come on.
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00:03:09,493 --> 00:03:11,539
- Look.
Down there.
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00:03:15,282 --> 00:03:17,022
- Hey.
Is she conscious?
73
00:03:17,066 --> 00:03:20,896
- In and out,
and she's not a she.
74
00:03:20,939 --> 00:03:22,245
- Transgender?
75
00:03:22,289 --> 00:03:23,855
- Boy dressed as a girl,
that makes him--
76
00:03:23,899 --> 00:03:25,596
her a special victim, right?
77
00:03:25,640 --> 00:03:27,381
- Yeah, good call.
78
00:03:27,424 --> 00:03:28,947
So, what, 4:00 in the afternoon,
79
00:03:28,991 --> 00:03:30,645
and these two are
the only witnesses?
80
00:03:30,688 --> 00:03:33,082
- Yeah, tourists, they stuck
around, said everyone else ran.
81
00:03:33,125 --> 00:03:34,823
- Everyone else?
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00:03:34,866 --> 00:03:37,086
- Apparently three black kids
were teasing him--
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00:03:37,129 --> 00:03:39,393
her--pulling up the skirt.
84
00:03:39,436 --> 00:03:41,525
Some others were egging them on,
recorded it.
85
00:03:41,569 --> 00:03:43,571
Then the vic got pushed off
the bridge and everyone ran.
86
00:03:45,094 --> 00:03:46,965
- What high schools
are around here?
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00:03:47,009 --> 00:03:49,707
- Private, Felix Adler Academy.
Public, Shirley Chisholm.
88
00:03:49,751 --> 00:03:51,361
- Three guesses
which kids went where.
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00:03:55,931 --> 00:03:58,890
[dramatic music]
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00:03:58,934 --> 00:04:07,029
♪
91
00:04:42,412 --> 00:04:44,501
I was taking pictures
on the bridge
92
00:04:44,545 --> 00:04:45,676
when they surrounded me.
93
00:04:45,720 --> 00:04:49,550
- Avery, can you describe them?
94
00:04:49,593 --> 00:04:52,988
- Black, my age.
95
00:04:53,031 --> 00:04:56,818
[inhales]
They were giving me the look.
96
00:04:56,861 --> 00:04:57,906
- What look is that?
97
00:04:59,690 --> 00:05:03,912
- The "freak needs to learn
a lesson" look.
98
00:05:08,395 --> 00:05:13,051
I tried to go,
but they started saying stuff.
99
00:05:13,095 --> 00:05:14,705
- What were they saying?
100
00:05:16,620 --> 00:05:19,667
- Tranny.
101
00:05:19,710 --> 00:05:23,671
He-she.
My personal fave.
102
00:05:27,414 --> 00:05:30,330
I told them to leave me alone.
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00:05:30,373 --> 00:05:33,898
One grabbed my skirt,
another my camera.
104
00:05:36,553 --> 00:05:40,078
I was pushed,
and I tripped on my heels.
105
00:05:42,037 --> 00:05:46,128
- Avery, can you remember
anything else about the boys,
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00:05:46,171 --> 00:05:51,133
anything they said
or that they did?
107
00:05:51,176 --> 00:05:54,571
- It was all a blur of shoving,
108
00:05:54,615 --> 00:05:58,967
people laughing, taking video.
109
00:06:00,403 --> 00:06:01,839
- This isn't the first time,
110
00:06:01,883 --> 00:06:04,929
and the local precinct
never follows up.
111
00:06:04,973 --> 00:06:06,627
- We will.
112
00:06:06,670 --> 00:06:09,630
We take this very seriously.
113
00:06:09,673 --> 00:06:11,458
I give you my word, Mr. Parker.
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00:06:15,070 --> 00:06:16,550
You got something?
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00:06:16,593 --> 00:06:18,073
- Well, we were
checking social media,
116
00:06:18,116 --> 00:06:19,988
lensing the area
where the crime occurred,
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00:06:20,031 --> 00:06:21,729
and these finally popped up.
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00:06:21,772 --> 00:06:23,905
- "These"?
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00:06:23,948 --> 00:06:26,647
- Three separate
cell phone videos so far.
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00:06:26,690 --> 00:06:30,259
They all begin after it started,
but you get the idea.
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00:06:30,302 --> 00:06:31,913
- Let's see, slut.
122
00:06:31,956 --> 00:06:34,263
What's under there?
- Beat his ass.
123
00:06:34,306 --> 00:06:36,091
[smack] - Oh, he's slapping him around.
124
00:06:36,134 --> 00:06:37,440
- Darius, we're going
to get in trouble.
125
00:06:37,484 --> 00:06:39,007
- All these people watching.
Nobody helps.
126
00:06:39,050 --> 00:06:41,009
- How long do they go on?
- To the fall.
127
00:06:41,052 --> 00:06:42,532
- You're not getting
that camera back, uh-uh.
128
00:06:42,576 --> 00:06:44,621
- Aw, she likes you Darius.
- They dancing.
129
00:06:44,665 --> 00:06:46,231
- Just give it back.
130
00:06:46,275 --> 00:06:50,061
- Get off me, you freak.
[gasping]
131
00:06:50,105 --> 00:06:52,107
- Do we have any idea
who posted these?
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00:06:52,150 --> 00:06:54,718
- Well, according to Facebook,
it's two sophomores
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00:06:54,762 --> 00:06:57,504
and one junior
from Shirley Chisholm.
134
00:06:57,547 --> 00:06:59,897
- That's it, guys,
let's go, full court.
135
00:07:05,163 --> 00:07:06,948
- I didn't do nothing.
I just took a video.
136
00:07:06,991 --> 00:07:08,123
- You watched a person
get assaulted
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00:07:08,166 --> 00:07:09,690
and thrown over a bridge.
138
00:07:09,733 --> 00:07:11,300
- I didn't touch
that freak show,
139
00:07:11,343 --> 00:07:14,085
and why is he wearing a skirt,
acting all--whatever.
140
00:07:14,129 --> 00:07:15,696
- Who were the guys
messing with Avery?
141
00:07:15,739 --> 00:07:17,524
- I don't know.
142
00:07:17,567 --> 00:07:20,265
That's your job.
143
00:07:20,309 --> 00:07:22,746
- Yo, they slapping him around.- This is deeply disturbing.
144
00:07:22,790 --> 00:07:25,140
- Yes, it is,
and three different students
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00:07:25,183 --> 00:07:28,186
from your school
posted those videos.
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00:07:28,230 --> 00:07:29,884
- Well, let me be clear.
147
00:07:29,927 --> 00:07:33,496
This behavior is in no way
indicative of our community.
148
00:07:33,540 --> 00:07:35,019
We strive for inclusion.
149
00:07:35,063 --> 00:07:37,500
- We understand.
150
00:07:37,544 --> 00:07:39,371
Who are these kids?
151
00:07:41,417 --> 00:07:45,900
[indistinct chatter]
152
00:07:45,943 --> 00:07:47,249
- All right, quiet.
153
00:07:48,642 --> 00:07:51,122
Keon Williams
and Markus Green, come with me.
154
00:07:51,166 --> 00:07:53,864
- Why?
- We didn't do nothing.
155
00:07:53,908 --> 00:07:55,126
- Now.
156
00:07:58,129 --> 00:07:59,522
- Why are you looking
for Darius?
157
00:07:59,566 --> 00:08:02,569
- It's a police matter.
Where is he?
158
00:08:02,612 --> 00:08:04,832
- He was here
before school began,
159
00:08:04,875 --> 00:08:06,486
very upset about something.
160
00:08:06,529 --> 00:08:08,400
I told him
we could talk after lunch.
161
00:08:08,444 --> 00:08:10,272
- He live nearby?
- He won't be there.
162
00:08:10,315 --> 00:08:13,057
He hates the projects.
163
00:08:13,101 --> 00:08:15,146
There is one place
he likes to go.
164
00:08:23,677 --> 00:08:25,635
- Darius McCrae?
165
00:08:25,679 --> 00:08:27,332
- Hey, NYPD.
166
00:08:27,376 --> 00:08:30,031
Darius, get up.
167
00:08:30,074 --> 00:08:32,076
- Come on.
I didn't do anything.
168
00:08:32,120 --> 00:08:34,862
- Come on, Darius, stand up.
Let's make this easy.
169
00:08:38,300 --> 00:08:40,084
- Yes, sir.
170
00:08:58,625 --> 00:09:00,452
- So you're saying
it wasn't your fault?
171
00:09:00,496 --> 00:09:02,759
- That tranny started it,
all up in our face with,
172
00:09:02,803 --> 00:09:05,240
you know, being weird.
173
00:09:05,283 --> 00:09:07,764
- That boy goes around
dressed like a girl?
174
00:09:07,808 --> 00:09:11,028
You should be talking
to his parents, not my son.
175
00:09:11,072 --> 00:09:13,161
- Well, they're in the hospital,
176
00:09:13,204 --> 00:09:16,556
and you're here,
so think about that.
177
00:09:18,340 --> 00:09:22,213
- Markus, did you beat up
on a girl?
178
00:09:22,257 --> 00:09:23,998
- He's not a girl, Grandma.
179
00:09:24,041 --> 00:09:26,174
He's one of them he-shes.
- Wow.
180
00:09:26,217 --> 00:09:28,611
- Acts like one, wears makeup.
181
00:09:28,655 --> 00:09:30,091
- Why would anyone do that?
182
00:09:30,134 --> 00:09:32,223
- That's not the issue.
183
00:09:32,267 --> 00:09:36,619
The issue is your grandson
pushed a kid off a bridge.
184
00:09:36,663 --> 00:09:38,316
- You did what?
185
00:09:38,360 --> 00:09:39,579
- I didn't push him
off a bridge, Grandma.
186
00:09:39,622 --> 00:09:40,841
I swear.
187
00:09:40,884 --> 00:09:42,843
- Then you better tell them
who did.
188
00:09:46,063 --> 00:09:49,153
- I don't know.
- Markus, look at me.
189
00:09:49,197 --> 00:09:52,504
I know that your grandmother
did not raise you to lie.
190
00:09:56,683 --> 00:09:58,641
- It was Darius.
191
00:09:58,685 --> 00:10:00,469
He's a grade above me.
192
00:10:07,868 --> 00:10:09,173
- Have a seat.
193
00:10:13,351 --> 00:10:14,788
- Am I going to jail?
194
00:10:14,831 --> 00:10:16,267
- When your mom gets here
we need to talk,
195
00:10:16,311 --> 00:10:17,529
but the best thing
to do is tell the truth.
196
00:10:17,573 --> 00:10:19,053
- You want a soda,
a sandwich or something?
197
00:10:19,096 --> 00:10:21,316
- My stomach's not feeling good.
198
00:10:21,359 --> 00:10:24,319
- Darius?
- This way, ma'am.
199
00:10:24,362 --> 00:10:27,061
I'm Sergeant Benson.
- Ms. McCrae.
200
00:10:27,104 --> 00:10:29,933
I'm Detective Tutuola.
This is Detective Rollins.
201
00:10:29,977 --> 00:10:31,195
- I'm sorry, Mom.
202
00:10:31,239 --> 00:10:33,676
I didn't mean
to do anything bad.
203
00:10:33,720 --> 00:10:35,460
- What do they think you did?
204
00:10:35,504 --> 00:10:38,028
- A teenager was assaulted
in Fort Tryon Park
205
00:10:38,072 --> 00:10:40,640
and is now in the hospital.
206
00:10:40,683 --> 00:10:43,686
- I didn't mean to hurt him.
207
00:10:43,730 --> 00:10:45,079
- Darius is a good kid.
208
00:10:45,122 --> 00:10:46,733
He takes care
of his little sister.
209
00:10:46,776 --> 00:10:48,735
He goes to--to church.
210
00:10:48,778 --> 00:10:51,694
- Okay, well, ma'am, we still
just need to talk to him, okay.
211
00:10:51,738 --> 00:10:53,174
- But he's only 15.
212
00:10:53,217 --> 00:10:54,828
- Which is
why we waited for you.
213
00:10:54,871 --> 00:10:57,874
We needed you to be here
while we read him his rights.
214
00:11:04,576 --> 00:11:06,578
- We were just talking to him.
215
00:11:06,622 --> 00:11:09,320
I asked what was
up with the dress.
216
00:11:09,494 --> 00:11:11,496
- So Markus and Keon
were telling the truth?
217
00:11:11,540 --> 00:11:13,281
It was your idea?
218
00:11:13,324 --> 00:11:17,546
- Yes, but we were all
messing with him,
219
00:11:17,589 --> 00:11:20,288
tried to lift up the skirt.
220
00:11:20,331 --> 00:11:23,726
- Darius, why would
you do that?
221
00:11:23,770 --> 00:11:25,597
- I didn't want my friends
to think I was gay.
222
00:11:25,641 --> 00:11:26,990
- So you were being tough
around your boys.
223
00:11:27,034 --> 00:11:28,600
Is that why you pushed Avery?
224
00:11:28,644 --> 00:11:32,213
- No, he fell on me,
and I just pushed him away.
225
00:11:32,256 --> 00:11:34,258
I didn't mean for him
to go over the bridge.
226
00:11:34,302 --> 00:11:36,391
- Then why'd you run?
227
00:11:36,434 --> 00:11:39,394
- Because it was
the worst thing I ever did.
228
00:11:39,437 --> 00:11:42,440
I thought I killed someone.
229
00:11:42,484 --> 00:11:44,573
- This kid
seems genuinely upset.
230
00:11:44,616 --> 00:11:46,531
The other two,
they just think it's funny.
231
00:11:46,575 --> 00:11:48,490
- Yeah, well, the other two
didn't push Avery off a bridge.
232
00:11:48,533 --> 00:11:50,100
I mean, she could have died.
233
00:11:50,144 --> 00:11:51,449
- Bright side,
all three confessed.
234
00:11:51,493 --> 00:11:52,842
We got the video evidence.
We're done.
235
00:11:52,886 --> 00:11:54,583
- Look, the video is shaky.
236
00:11:54,626 --> 00:11:55,976
The kids are underaged.
237
00:11:56,019 --> 00:11:57,412
I just don't want anyone
claiming
238
00:11:57,455 --> 00:12:00,502
that those confessions
were coerced.
239
00:12:00,545 --> 00:12:03,548
Let's see if Avery
can come in and make an ID.
240
00:12:03,592 --> 00:12:04,767
- You got it.
241
00:12:12,035 --> 00:12:13,471
[sighs]
242
00:12:20,000 --> 00:12:24,178
- Number four.
243
00:12:24,221 --> 00:12:28,617
Number one.
244
00:12:28,660 --> 00:12:30,010
Three.
245
00:12:30,053 --> 00:12:33,970
- You did great, Avery.
246
00:12:34,014 --> 00:12:37,408
- They look smaller in there,
scared.
247
00:12:37,452 --> 00:12:39,106
- Well, they should be,
Avery.
248
00:12:39,149 --> 00:12:40,542
They're in trouble.
249
00:12:40,585 --> 00:12:42,762
- Did they say why they
did this to me?
250
00:12:42,805 --> 00:12:45,460
I'm not stupid.
I wasn't being cheeky.
251
00:12:45,503 --> 00:12:46,809
- It wasn't anything you did.
252
00:12:46,853 --> 00:12:48,071
We need to get back
to the hospital.
253
00:12:48,115 --> 00:12:51,727
- Excuse me...
254
00:12:51,771 --> 00:12:53,685
Are you the Parkers?
I'm Darius' mother.
255
00:12:53,729 --> 00:12:55,644
- Mrs. McCrae,
now may not be the best time.
256
00:12:55,687 --> 00:12:57,733
- Hold on.
I want to hear her out.
257
00:13:00,344 --> 00:13:03,826
- My son is really sorry
for hurting you.
258
00:13:03,870 --> 00:13:05,697
- Did he tell you
why he did this to me?
259
00:13:05,741 --> 00:13:08,613
- Avery, let's go.
- Just wait a minute.
260
00:13:08,657 --> 00:13:10,267
Ask him, please.
261
00:13:10,311 --> 00:13:11,921
- Okay, we need to leave, now.
262
00:13:11,965 --> 00:13:13,836
- Come on, this way, folks.
263
00:13:19,581 --> 00:13:21,496
- Wait, my son has to
spend the night here?
264
00:13:21,539 --> 00:13:23,237
- No, he's gonna
be able to go home.
265
00:13:23,280 --> 00:13:25,456
The desk sergeant's gonna
266
00:13:25,500 --> 00:13:29,025
give you a appearance ticket
for tomorrow in family court.
267
00:13:29,069 --> 00:13:30,461
- I have to work tomorrow.
268
00:13:30,505 --> 00:13:31,854
I'm a home care attendant.
269
00:13:31,898 --> 00:13:33,856
- Well, you're gonna
have to call in sick.
270
00:13:33,900 --> 00:13:35,249
You got to be there.
271
00:13:35,292 --> 00:13:36,641
- [exhales]
272
00:13:41,777 --> 00:13:43,779
- Those poor parents, right?
273
00:13:43,823 --> 00:13:45,041
- Yeah.
274
00:13:45,085 --> 00:13:49,045
You want one?
- Yeah, please.
275
00:13:49,089 --> 00:13:50,612
Hey, Rollins...
276
00:13:50,655 --> 00:13:52,962
let me ask you something.
277
00:13:53,006 --> 00:13:56,183
What makes a boy
decide to be a girl?
278
00:13:56,226 --> 00:13:58,663
I mean,
is it that he likes boys?
279
00:13:58,707 --> 00:13:59,882
He just doesn't
want to be gay?
280
00:13:59,926 --> 00:14:01,623
- Um...
281
00:14:03,320 --> 00:14:04,669
There's a difference
282
00:14:04,713 --> 00:14:07,585
between gender identity
and sexuality, Carisi.
283
00:14:07,629 --> 00:14:09,936
- Yeah, yeah.
284
00:14:09,979 --> 00:14:11,763
You know, my parents,
285
00:14:11,807 --> 00:14:13,896
they think this is
all about getting attention.
286
00:14:13,940 --> 00:14:15,680
- Uh-huh.
287
00:14:15,724 --> 00:14:19,597
You were a 14-year-old boy once.
[laughs]
288
00:14:19,641 --> 00:14:23,601
And would you or
any other boy you knew
289
00:14:23,645 --> 00:14:25,603
put on a skirt
290
00:14:25,647 --> 00:14:27,823
if it didn't come
from a really real place?
291
00:14:27,867 --> 00:14:32,784
- [scoffs]
No, not a chance.
292
00:14:37,877 --> 00:14:39,617
- Good afternoon.
293
00:14:39,661 --> 00:14:41,141
Which one of you
is Marcus Green?
294
00:14:43,970 --> 00:14:46,276
Come with me, please.
- Counselor, you want us inside?
295
00:14:46,320 --> 00:14:47,843
- If I need anything,
I'll let you know.
296
00:14:58,549 --> 00:15:00,203
Keon Williams?
297
00:15:03,554 --> 00:15:06,079
- Excuse me, I'm missing work.
298
00:15:06,122 --> 00:15:08,690
- I'll let you know
when it's your turn, okay?
299
00:15:08,733 --> 00:15:10,561
Keon?
300
00:15:19,788 --> 00:15:21,616
- It won't be long.
301
00:15:28,797 --> 00:15:30,842
- Thank you so much, Ms. Cox.
302
00:15:30,886 --> 00:15:33,236
I promise you.
Keon has learned his lesson.
303
00:15:46,771 --> 00:15:47,816
- The other boys got probation?
304
00:15:47,859 --> 00:15:49,731
- That will be
my recommendation.
305
00:15:49,774 --> 00:15:52,038
It's their first offense,
and they were both very clear
306
00:15:52,081 --> 00:15:54,431
that Darius was the one
who started this.
307
00:15:54,475 --> 00:15:55,955
- They were going at him, too.
308
00:15:55,998 --> 00:15:58,087
- But you were the one
who pushed Avery off the bridge.
309
00:15:58,131 --> 00:16:01,134
- I didn't mean to.
I just bugged out.
310
00:16:01,177 --> 00:16:02,526
He was touching me.
311
00:16:02,570 --> 00:16:04,789
- You "bugged out."
312
00:16:04,833 --> 00:16:08,706
Did it have anything to do
with Avery wearing a skirt?
313
00:16:08,750 --> 00:16:10,795
- I'm sorry,
my boy's not prejudiced.
314
00:16:10,839 --> 00:16:14,364
- I was just afraid.
315
00:16:14,408 --> 00:16:16,279
- How do you think Avery felt?
316
00:16:19,848 --> 00:16:21,763
- This is not fair.
317
00:16:21,806 --> 00:16:23,243
The other boys get probation,
318
00:16:23,286 --> 00:16:26,550
but she wants my Darius
to do three months in juvie?
319
00:16:26,594 --> 00:16:27,899
- That's what she wants.
320
00:16:27,943 --> 00:16:29,771
A judge still has to rule.
321
00:16:29,814 --> 00:16:32,078
- She also told me
that if it goes to trial,
322
00:16:32,121 --> 00:16:34,123
Darius could get a year.
323
00:16:34,167 --> 00:16:35,907
I said I wanted
to talk to a lawyer,
324
00:16:35,951 --> 00:16:38,301
but she said no one
was available today.
325
00:16:38,345 --> 00:16:40,303
- Well, that's your right.
326
00:16:40,347 --> 00:16:42,914
They're gonna have to wait.
327
00:16:42,958 --> 00:16:45,830
- Talk to that lady
about Darius.
328
00:16:45,874 --> 00:16:48,485
Let her know he's--
he's no thug,
329
00:16:48,529 --> 00:16:50,052
and he's had a lot to deal with.
330
00:16:50,096 --> 00:16:51,532
- I'll do what I can.
331
00:16:54,883 --> 00:16:58,191
- Darius, we have to pick up
your sister.
332
00:16:58,234 --> 00:17:04,153
- Detective Tutuola, can you
make sure Avery gets this?
333
00:17:04,197 --> 00:17:05,546
I need him to know I'm sorry.
334
00:17:09,463 --> 00:17:12,248
- What's that, drawings?
- It's an apology.
335
00:17:12,292 --> 00:17:15,251
- Well, and it's
an admission of guilt.
336
00:17:15,295 --> 00:17:16,992
You know, if you were Avery,
would you want to hear anything
337
00:17:17,036 --> 00:17:18,863
that Darius has
to say right now?
338
00:17:18,907 --> 00:17:20,822
- My son got the crap
kicked out of him
339
00:17:20,865 --> 00:17:23,868
when he was a boy
just for being gay.
340
00:17:23,912 --> 00:17:26,088
No one ever apologized to him.
341
00:17:30,701 --> 00:17:32,877
- Darius McCrae
wrote something for me?
342
00:17:32,921 --> 00:17:34,792
- He did.
343
00:17:34,836 --> 00:17:37,447
He wanted to apologize.
344
00:17:37,491 --> 00:17:39,928
- You don't have to read it
if you don't want to.
345
00:17:39,971 --> 00:17:42,278
- No, I do.
346
00:17:44,846 --> 00:17:46,848
[inhales]
347
00:17:53,028 --> 00:17:57,380
"If I could get a do-over,
I wouldn't do it."
348
00:18:16,617 --> 00:18:18,923
Did you tell him
I was into graphic novels?
349
00:18:18,967 --> 00:18:21,839
- No, we didn't know.
350
00:18:27,976 --> 00:18:29,151
- The boys took a plea.
351
00:18:29,195 --> 00:18:31,675
Does that mean Avery
won't have to testify?
352
00:18:31,719 --> 00:18:34,548
- The third boy, Darius,
is speaking with a lawyer,
353
00:18:34,591 --> 00:18:36,202
so we should know more tomorrow.
354
00:18:36,245 --> 00:18:40,858
- What Avery's gone through,
she's a tough kid.
355
00:18:40,902 --> 00:18:42,773
You must be proud.
356
00:18:42,817 --> 00:18:45,167
- Yeah, we are.
357
00:18:45,211 --> 00:18:48,127
- Code blue.
Code blue.
358
00:18:53,480 --> 00:18:55,264
- That's Avery's room.
359
00:18:59,181 --> 00:19:00,878
- Clear.
- Let's go.
360
00:19:00,922 --> 00:19:01,923
- My baby!
361
00:19:01,966 --> 00:19:03,229
- Please,
you have to wait outside.
362
00:19:03,272 --> 00:19:04,360
- No!
- No.
363
00:19:04,404 --> 00:19:05,709
- Avery?
- No, come on.
364
00:19:05,753 --> 00:19:07,058
- Check the heart...
- No pulse.
365
00:19:07,102 --> 00:19:09,104
- Let's--go on,
just give them some room.
366
00:19:09,148 --> 00:19:11,585
- Let's go again.
- Nothing.
367
00:19:11,628 --> 00:19:12,586
- Come on, Avery.
Stay with me, honey.
368
00:19:12,629 --> 00:19:14,805
Stay with me.
Clear!
369
00:19:14,849 --> 00:19:16,155
- [sobs]
370
00:19:20,115 --> 00:19:23,118
- One minute Avery's fine and
then she's gone just like that?
371
00:19:23,162 --> 00:19:24,946
- What happened?
- A fatty embolism.
372
00:19:24,989 --> 00:19:27,296
- Oh, no.
From the fractured leg, right?
373
00:19:27,340 --> 00:19:29,080
- Yes.
374
00:19:29,124 --> 00:19:32,997
When the femur fractured,
fatty globules were released.
375
00:19:33,041 --> 00:19:34,390
They traveled to the lungs.
376
00:19:34,434 --> 00:19:36,349
Death is almost instantaneous.
377
00:19:36,392 --> 00:19:40,570
- So this embolism was
a direct result of Avery's fall?
378
00:19:40,614 --> 00:19:42,920
- No question.
379
00:19:42,964 --> 00:19:45,575
- [sighs]
- Excuse me.
380
00:19:45,619 --> 00:19:47,316
- [sighs]
Oh, God.
381
00:19:47,360 --> 00:19:49,536
What do we say to them?
I'm sorry?
382
00:19:49,579 --> 00:19:51,407
- Never gets easier.
383
00:19:56,586 --> 00:20:00,416
Mr. and Mrs. Parker...
384
00:20:00,460 --> 00:20:02,940
I'm so sorry.
385
00:20:02,984 --> 00:20:06,074
- Thank you.
386
00:20:06,117 --> 00:20:08,250
[sobbing]
387
00:20:16,258 --> 00:20:17,651
- The M.E. confirm
cause of death?
388
00:20:17,694 --> 00:20:19,479
- Saddle embolism
to the lungs,
389
00:20:19,522 --> 00:20:21,785
direct result of
the broken femur from the fall.
390
00:20:21,829 --> 00:20:23,352
No intervening cause.
391
00:20:23,396 --> 00:20:25,398
- What does that mean
for these boys?
392
00:20:25,441 --> 00:20:27,269
- Well, Markus and Keon
didn't push her.
393
00:20:27,313 --> 00:20:29,010
They didn't cause the death.
394
00:20:29,053 --> 00:20:31,099
- But Darius McCrae did.
395
00:20:31,142 --> 00:20:32,405
- Sergeant Benson,
396
00:20:32,448 --> 00:20:34,624
we need to talk
about the Avery Parker murder.
397
00:20:34,668 --> 00:20:36,278
- Of course.
398
00:20:36,322 --> 00:20:38,149
Kenneth O'Dwyer, meet Pippa Cox.
399
00:20:38,193 --> 00:20:39,455
- It's nice to see you again,
Ms. Cox.
400
00:20:39,499 --> 00:20:41,936
You'll want to be
in on this meeting, too.
401
00:20:41,979 --> 00:20:44,591
The D.A.'s office
is taking over the prosecution.
402
00:20:47,594 --> 00:20:49,160
- Hold up.
403
00:20:49,204 --> 00:20:50,945
Now, you know Darius McCrae's
only 15 years old?
404
00:20:50,988 --> 00:20:53,295
- Yes, and if he's tried
in family court,
405
00:20:53,339 --> 00:20:54,905
he'll be charged
with juvenile delinquency
406
00:20:54,949 --> 00:20:57,125
and be back out on
the street again when he's 18.
407
00:20:57,168 --> 00:20:59,345
- You're looking
to charge him as an adult?
408
00:20:59,388 --> 00:21:00,563
- Second-degree manslaughter.
409
00:21:00,607 --> 00:21:02,478
- We can charge that
in family court.
410
00:21:02,522 --> 00:21:05,176
- We can, but we won't, and I
want to attach a hate crime.
411
00:21:07,527 --> 00:21:09,398
- Okay, wow.
412
00:21:09,442 --> 00:21:12,488
- There's an epidemic
of attacks on trans persons.
413
00:21:12,532 --> 00:21:13,924
We have to take a stand.
414
00:21:13,968 --> 00:21:16,187
- Yes, but I don't think
that this is that case.
415
00:21:16,231 --> 00:21:18,538
Darius seems like a good kid.
416
00:21:18,581 --> 00:21:21,236
- He went after Avery,
he taunted her,
417
00:21:21,280 --> 00:21:22,672
and he pushed her off a bridge.
418
00:21:22,716 --> 00:21:25,588
- But you want to charge
a 15-year-old as an adult?
419
00:21:25,632 --> 00:21:27,503
He could get 20 years.
420
00:21:27,547 --> 00:21:29,026
- It's more like seven,
421
00:21:29,070 --> 00:21:31,551
and while I appreciate
your sympathy for Darius McCrae,
422
00:21:31,594 --> 00:21:35,468
we can't wait for
a more overtly evil perp.
423
00:21:35,511 --> 00:21:38,514
We have to draw a line.
424
00:21:42,475 --> 00:21:44,999
- Darius and I, we feel
horrible that Avery died,
425
00:21:45,042 --> 00:21:47,262
but that was
because of something
426
00:21:47,306 --> 00:21:48,655
that went wrong at the hospital.
427
00:21:48,698 --> 00:21:50,396
- Well, the autopsy shows
428
00:21:50,439 --> 00:21:53,399
that it was a complication
resulting from the fall.
429
00:21:53,442 --> 00:21:55,357
- So what does--
what does that mean?
430
00:21:55,401 --> 00:21:57,228
- They're charging him
with manslaughter.
431
00:21:57,272 --> 00:21:59,056
He'll be tried as an adult.
432
00:22:05,280 --> 00:22:07,587
- My Darius?
433
00:22:07,630 --> 00:22:09,806
Mm,
Mm-mm-mm.
434
00:22:09,850 --> 00:22:11,852
Mm-mm.
435
00:22:11,895 --> 00:22:14,507
He's--he's just a kid.
436
00:22:14,550 --> 00:22:17,510
- But the DA and the mayor
want to send a message
437
00:22:17,553 --> 00:22:20,904
that hate crimes aren't
acceptable in New York City.
438
00:22:20,948 --> 00:22:23,559
- Hate crimes?
439
00:22:23,603 --> 00:22:26,649
The only person Darius
hates right now is himself.
440
00:22:26,693 --> 00:22:30,000
- I'm sorry.
This is where we are.
441
00:22:31,350 --> 00:22:33,526
- You said Darius
was in his room?
442
00:22:38,400 --> 00:22:40,489
- No, you got
to take him right now?
443
00:22:40,533 --> 00:22:42,752
- Yeah,
he's got to be arraigned.
444
00:22:42,796 --> 00:22:45,102
Can you call him, please?
445
00:22:47,496 --> 00:22:49,498
- [sobs]
446
00:22:58,638 --> 00:23:00,596
Darius?
447
00:23:01,641 --> 00:23:04,034
Darius, can you
come here, please?
448
00:23:08,299 --> 00:23:09,997
- Detective Tutuola?
449
00:23:10,040 --> 00:23:12,608
- You have to come with us.
450
00:23:12,652 --> 00:23:14,741
- Darius.
[cries]
451
00:23:35,762 --> 00:23:38,765
[sobs]
452
00:23:48,122 --> 00:23:49,906
- It's been wonderful
to hear so many people
453
00:23:49,950 --> 00:23:53,649
talk about Avery's life today.
454
00:23:53,693 --> 00:23:57,871
You don't know me, but I feel
like I know all of you.
455
00:23:57,914 --> 00:24:00,526
I was Avery's therapist,
456
00:24:00,569 --> 00:24:04,573
and she told me about the people
who were important to her,
457
00:24:04,617 --> 00:24:08,534
like Melody and Rain,
458
00:24:08,577 --> 00:24:13,408
who embraced her the first day
Avery wore a dress to school.
459
00:24:13,452 --> 00:24:15,802
Avery was inspired
by the compassion
460
00:24:15,845 --> 00:24:21,634
of her classmates, her teachers,
and even the police.
461
00:24:21,677 --> 00:24:25,115
This is Avery's legacy;
462
00:24:25,159 --> 00:24:29,598
tolerance, love,
463
00:24:29,642 --> 00:24:32,645
forgiveness.
464
00:24:35,169 --> 00:24:37,301
- Thank you.
465
00:24:37,345 --> 00:24:40,000
Thank you for coming.
- Beautiful, beautiful ceremony.
466
00:24:40,043 --> 00:24:41,523
- Avery was loved.
467
00:24:41,567 --> 00:24:43,786
- I can see that.
468
00:24:43,830 --> 00:24:48,051
- We heard that Darius McCrae
is gonna be charged as an adult.
469
00:24:48,095 --> 00:24:50,227
- I wish the DA
had come to the service.
470
00:24:50,271 --> 00:24:52,055
Everything Avery believed
was about forgiveness.
471
00:24:52,099 --> 00:24:54,275
- Well, the DA wants
to make sure
472
00:24:54,318 --> 00:24:58,279
that what happened to Avery
never happens again.
473
00:24:58,322 --> 00:25:01,630
- How?
By locking up a 15-year-old?
474
00:25:01,674 --> 00:25:03,545
Tell the DA
that's not what we want.
475
00:25:03,589 --> 00:25:04,894
- Lisa, please.
476
00:25:04,938 --> 00:25:06,896
- It's not what
Avery would want.
477
00:25:09,508 --> 00:25:11,118
- Excuse me.
- Of course.
478
00:25:18,778 --> 00:25:21,128
- Look, we feel
the same way.
479
00:25:21,171 --> 00:25:23,696
All right, I'll call you back.
That was Barba.
480
00:25:23,739 --> 00:25:25,262
He argued that the case
should stay in family court,
481
00:25:25,306 --> 00:25:26,786
and that's
when O'Dwyer stepped in.
482
00:25:26,829 --> 00:25:28,918
- O'Dwyer's no dummy.
The new DA says jump,
483
00:25:28,962 --> 00:25:30,703
he laces up his sneakers.
- Counselor.
484
00:25:30,746 --> 00:25:32,792
- Well, at least you're not
bad-mouthing me behind my back.
485
00:25:32,835 --> 00:25:34,663
- Look, I'm sorry, Counselor.
It's just, you know,
486
00:25:34,707 --> 00:25:36,709
Avery's mom wants this
in family court.
487
00:25:36,752 --> 00:25:38,624
- I know. I got your messages.
I spoke to her.
488
00:25:38,667 --> 00:25:40,669
- You just ignored her wishes?
489
00:25:40,713 --> 00:25:42,366
- She's suffered
a terrible loss.
490
00:25:42,410 --> 00:25:44,543
I told her that she could speak
at the sentencing hearing.
491
00:25:44,586 --> 00:25:46,501
- Sentencing hearing?
492
00:25:46,545 --> 00:25:48,242
Darius's lawyer
is pleading guilty?
493
00:25:48,285 --> 00:25:50,418
- Not exactly.
He's asked for a bench trial.
494
00:25:50,461 --> 00:25:51,854
- Bench trial?
495
00:25:51,898 --> 00:25:54,378
So he's using
the Clarence Darrow strategy.
496
00:25:54,422 --> 00:25:56,859
Juries are more emotional than
judges, so if you give a judge
497
00:25:56,903 --> 00:25:58,557
absolute power
to declare someone guilty--
498
00:25:58,600 --> 00:26:01,603
- They're less likely
to impose a harsh sentence.
499
00:26:01,647 --> 00:26:03,431
- Yeah.
500
00:26:09,437 --> 00:26:10,830
- It was Darius's idea.
501
00:26:10,873 --> 00:26:12,222
- Yo, what's up with the skirt?
502
00:26:12,266 --> 00:26:13,789
- He saw Avery on that bridge.
503
00:26:13,833 --> 00:26:15,704
- He asked you a question.
504
00:26:15,748 --> 00:26:18,620
- He said we should see
what's under that skirt.
505
00:26:22,668 --> 00:26:24,713
- Get away from me.
- Let's see, tranny.
506
00:26:24,757 --> 00:26:25,627
- What's under there?
507
00:26:25,671 --> 00:26:29,413
- Darius called Avery a tranny?
508
00:26:29,457 --> 00:26:33,635
- Yeah, then he
grabbed at his skirt.
509
00:26:33,679 --> 00:26:35,594
- And what was happening here?
510
00:26:35,637 --> 00:26:37,421
- I tossed the camera to Darius.
511
00:26:37,465 --> 00:26:39,293
He played keep-away.
512
00:26:39,336 --> 00:26:42,383
When Avery reached for it,
he fell on Darius.
513
00:26:42,426 --> 00:26:43,602
- It's not funny.
514
00:26:43,645 --> 00:26:45,995
- And Darius, like, wigged out.
515
00:26:46,039 --> 00:26:48,737
He just pushed him
off that bridge.
516
00:26:48,781 --> 00:26:50,652
- What happened next?
517
00:26:50,696 --> 00:26:51,958
- I took Avery's
initial statement.
518
00:26:52,001 --> 00:26:54,656
She had a concussion
and a broken femur.
519
00:26:54,700 --> 00:26:57,572
- How did Avery
describe the attack?
520
00:26:57,616 --> 00:27:00,575
- Avery felt targeted, bullied.
521
00:27:00,619 --> 00:27:05,711
She was upset about the slurs
used: tranny, slut, he-she.
522
00:27:05,754 --> 00:27:07,538
Later, after she ID'd Darius,
523
00:27:07,582 --> 00:27:10,367
she made it very clear to me
that she was not "being cheeky."
524
00:27:10,411 --> 00:27:12,631
She'd done nothing
to provoke them.
525
00:27:12,674 --> 00:27:14,676
- Avery died two days later.
526
00:27:14,720 --> 00:27:17,679
The M.E. has already testified
that her death was
527
00:27:17,723 --> 00:27:19,638
a result of that assault.
Do you agree?
528
00:27:19,681 --> 00:27:22,597
- Yes, there were
no intervening factors.
529
00:27:22,641 --> 00:27:25,644
The saddle embolism that killed
Avery was a direct result
530
00:27:25,687 --> 00:27:28,429
of the broken femur
caused by the fall.
531
00:27:28,472 --> 00:27:30,866
- Thank you, Doctor.
532
00:27:30,910 --> 00:27:34,348
- Ms. Davis, you have been
Darius's English teacher
533
00:27:34,391 --> 00:27:37,656
and advisor
for the past two years.
534
00:27:37,699 --> 00:27:41,094
Has he ever had a problem
with LGBTQ students?
535
00:27:41,137 --> 00:27:43,705
- No. Darius has
a little sister,
536
00:27:43,749 --> 00:27:45,838
which may be why he was
protective of younger students
537
00:27:45,881 --> 00:27:47,666
being bullied,
538
00:27:47,709 --> 00:27:51,147
including one instance,
a student I believe to be gay.
539
00:27:51,191 --> 00:27:54,107
- And he himself has been
affected by violence?
540
00:27:54,150 --> 00:27:58,938
- Yes, last Christmas Darius
saw his older cousin get shot.
541
00:28:01,157 --> 00:28:02,724
It made an impact.
542
00:28:02,768 --> 00:28:04,291
His behavior changed.
543
00:28:04,334 --> 00:28:06,162
He began to study,
really apply himself.
544
00:28:06,206 --> 00:28:08,251
He didn't want
to become a statistic.
545
00:28:08,295 --> 00:28:10,253
He wanted to graduate,
become a graphic artist.
546
00:28:10,297 --> 00:28:12,168
He's quite talented.
547
00:28:12,212 --> 00:28:14,910
- And the day after
his encounter with Avery,
548
00:28:16,695 --> 00:28:19,567
how did he behave?
- He was distraught.
549
00:28:19,610 --> 00:28:21,917
We were going to talk,
but then the police came.
550
00:28:24,224 --> 00:28:27,706
I know the video
looks bad, Your Honor,
551
00:28:27,749 --> 00:28:29,664
but Darius is not a bad kid.
552
00:28:29,708 --> 00:28:33,015
He has a good heart,
and I know it's no excuse,
553
00:28:33,059 --> 00:28:35,670
but he's never been
exposed to transgender people,
554
00:28:35,714 --> 00:28:39,892
and I think
he just got...confused.
555
00:28:41,067 --> 00:28:42,677
- Thank you, Ms. Davis.
556
00:28:42,721 --> 00:28:44,766
Nothing further.
557
00:28:44,810 --> 00:28:46,725
- Mr. O'Dwyer?
558
00:28:46,768 --> 00:28:47,813
- No questions.
559
00:28:51,425 --> 00:28:53,514
- How are you two holding up?
560
00:28:53,557 --> 00:28:55,821
- We need to be here
for Avery.
561
00:28:55,864 --> 00:28:58,475
We also feel Darius
should be found guilty.
562
00:28:58,519 --> 00:29:00,739
- I'm just worried about what'll
happen to him when he is.
563
00:29:00,782 --> 00:29:02,523
- Judge Barth
keeps an open mind, so.
564
00:29:04,351 --> 00:29:06,396
- Olivia?
565
00:29:06,440 --> 00:29:08,311
- Dr. Lindstrom.
566
00:29:08,355 --> 00:29:09,704
- Let me walk you guys in,
all right?
567
00:29:09,748 --> 00:29:11,053
- Thank you, great.
568
00:29:13,534 --> 00:29:15,101
- The victim's parents.
569
00:29:15,144 --> 00:29:17,233
- They may not like
my testimony.
570
00:29:17,277 --> 00:29:18,974
- Well, despite their loss
571
00:29:19,018 --> 00:29:23,544
they've managed to find
some compassion for Darius.
572
00:29:23,587 --> 00:29:26,547
- Grace is usually
a better choice than bitterness.
573
00:29:32,379 --> 00:29:37,514
Darius McCrae is 15 years old,
and, like most male teenagers,
574
00:29:37,558 --> 00:29:40,866
his impulse control
is not quite evolved.
575
00:29:40,909 --> 00:29:42,737
The amygdala,
that part of the brain
576
00:29:42,781 --> 00:29:45,653
which is responsible
for impulsive behavior,
577
00:29:45,696 --> 00:29:46,785
is very active.
578
00:29:46,828 --> 00:29:48,264
- More so than reasoning
and judgment?
579
00:29:48,308 --> 00:29:49,744
- Yes.
580
00:29:49,788 --> 00:29:51,659
That is controlled
by the frontal lobe,
581
00:29:51,702 --> 00:29:55,054
which is still developing well
into an average person's 20s.
582
00:29:55,097 --> 00:29:56,925
- What, in your medical opinion,
583
00:29:56,969 --> 00:29:59,885
happened to Darius when he
encountered Avery Parker?
584
00:29:59,928 --> 00:30:03,105
- Avery was someone
very different
585
00:30:03,149 --> 00:30:07,893
from the biological boys
Darius knows,
586
00:30:07,936 --> 00:30:10,765
someone "other" in ways
that were threatening to a boy
587
00:30:10,809 --> 00:30:13,855
just beginning to mature
sexually and emotionally.
588
00:30:13,899 --> 00:30:17,076
- Do you think that Darius
589
00:30:17,119 --> 00:30:19,861
could have been motivated
by hate that afternoon?
590
00:30:19,905 --> 00:30:21,732
- No, I think it had
much more to do
591
00:30:21,776 --> 00:30:23,909
with Darius' own insecurity.
592
00:30:23,952 --> 00:30:27,956
He was flooded with fear
and the need to show his peers
593
00:30:28,000 --> 00:30:29,915
that he was a straight--
594
00:30:29,958 --> 00:30:32,352
a "real"--man.
595
00:30:32,395 --> 00:30:34,180
In conversations with Darius,
it became clear
596
00:30:34,223 --> 00:30:37,705
that he had very little exposure
to transgender individuals,
597
00:30:37,748 --> 00:30:41,056
certainly not enough to develop
either tolerance or hatred.
598
00:30:41,100 --> 00:30:42,841
- Thank you, Doctor.
Nothing further.
599
00:30:46,845 --> 00:30:48,237
- You testify that Mr. McCrae
600
00:30:48,281 --> 00:30:50,892
had little exposure
to transgender persons,
601
00:30:50,936 --> 00:30:54,809
that he was flooded with fear
when he saw Avery,
602
00:30:54,853 --> 00:30:56,855
yet he deliberately
approached her.
603
00:30:56,898 --> 00:30:59,901
He called her a tranny, a slut.
604
00:30:59,945 --> 00:31:02,904
He even said, "Let's see
what's under that skirt."
605
00:31:02,948 --> 00:31:05,820
- He was posturing
for his friends, yes.
606
00:31:05,864 --> 00:31:07,517
- Was he?
607
00:31:07,561 --> 00:31:12,087
When he taunted Avery,
when he harassed her,
608
00:31:12,131 --> 00:31:13,915
when he killed her,
609
00:31:13,959 --> 00:31:16,875
that was nothing
but poor judgment,
610
00:31:16,918 --> 00:31:19,834
lack of impulse control
typical of all teenagers?
611
00:31:19,878 --> 00:31:22,837
- Many teenagers
when compared to adults, yes.
612
00:31:22,881 --> 00:31:25,927
That's why most violent crime
is committed by youths
613
00:31:25,971 --> 00:31:27,494
under the age of 25,
614
00:31:27,537 --> 00:31:28,930
and it's certainly
why a 15-year-old
615
00:31:28,974 --> 00:31:30,932
should not be tried as an adult.
616
00:31:30,976 --> 00:31:33,413
- So, what, give him a mulligan?
617
00:31:33,456 --> 00:31:34,805
Boys will be boys?
618
00:31:34,849 --> 00:31:37,069
Are you saying
that when Mr. McCrae
619
00:31:37,112 --> 00:31:39,941
singled out a member
of a protected class,
620
00:31:39,985 --> 00:31:42,944
taunting Avery
because of her gender identity,
621
00:31:42,988 --> 00:31:44,815
he wasn't discriminating?
622
00:31:44,859 --> 00:31:46,556
- I don't believe so, no.
623
00:31:46,600 --> 00:31:49,298
- Then why didn't he push
someone else off the bridge?
624
00:31:49,342 --> 00:31:53,607
- As I said, his insecurity
caused him to react impulsively.
625
00:31:53,650 --> 00:31:56,958
- The same could be said of
gay-bashing, skinhead violence,
626
00:31:57,002 --> 00:31:59,047
and even lynchings.
- Objection, Your Honor.
627
00:31:59,091 --> 00:32:00,570
- Sustained, I'll disregard.
628
00:32:00,614 --> 00:32:03,878
Have you an actual question,
Mr. O'Dwyer?
629
00:32:03,922 --> 00:32:05,662
- I guess my question is
isn't that why
630
00:32:05,706 --> 00:32:08,665
we have hate crime laws
in this state?
631
00:32:08,709 --> 00:32:09,971
- Those laws
should be for adults.
632
00:32:10,015 --> 00:32:11,973
This case is exactly
when we should remember
633
00:32:12,017 --> 00:32:15,629
that the mind of
a child is still forming,
634
00:32:15,672 --> 00:32:17,457
and it is very different
than the mind of an adult.
635
00:32:17,500 --> 00:32:18,980
- Well, I think we need
to remember
636
00:32:19,024 --> 00:32:20,242
that there are hundreds
637
00:32:20,286 --> 00:32:22,592
of thousands of children
in New York City,
638
00:32:22,636 --> 00:32:27,684
yet only Darius McCrae pushed
another child off a bridge
639
00:32:27,728 --> 00:32:31,384
because, as you said,
Avery was "other."
640
00:32:35,997 --> 00:32:38,957
- When I saw Avery
fall off the bridge,
641
00:32:39,000 --> 00:32:41,350
I felt sick to my stomach.
642
00:32:41,394 --> 00:32:43,700
I feel sick all the time now.
643
00:32:43,744 --> 00:32:44,963
- Why is that?
644
00:32:46,834 --> 00:32:50,098
- 'Cause I know
how it feels to lose someone
645
00:32:50,142 --> 00:32:51,795
you love, like your--
646
00:32:51,839 --> 00:32:54,320
like your guts
are being ripped out,
647
00:32:54,363 --> 00:32:59,673
and that's what
I did to Avery's parents.
648
00:32:59,716 --> 00:33:04,721
I didn't want him--
her to die.
649
00:33:04,765 --> 00:33:07,246
I didn't hate Avery.
650
00:33:07,289 --> 00:33:10,292
I can never forgive myself.
651
00:33:13,121 --> 00:33:16,255
- Thank you, Darius.
652
00:33:16,298 --> 00:33:17,821
- Mr. O'Dwyer?
653
00:33:20,085 --> 00:33:22,957
- You say that you did not mean
to push Avery off the bridge.
654
00:33:23,001 --> 00:33:26,047
Why were you on the bridge
in the first place?
655
00:33:26,091 --> 00:33:27,831
- I just wanted
to talk to Avery.
656
00:33:27,875 --> 00:33:30,182
- Talk or tease?
657
00:33:34,490 --> 00:33:37,232
- A little bit of both, I guess.
658
00:33:37,276 --> 00:33:39,017
- And that was a choice
that you made?
659
00:33:42,020 --> 00:33:43,934
- Yes, sir.
660
00:33:43,978 --> 00:33:46,546
- When you approached Avery,
did she ask to be left alone?
661
00:33:50,767 --> 00:33:52,117
- Yes, sir.
662
00:33:52,160 --> 00:33:54,467
- And yet you
grabbed at her skirt.
663
00:33:54,510 --> 00:33:57,426
Was that a choice?
- Yes, sir.
664
00:33:57,470 --> 00:34:00,081
- And when you wouldn't give
Avery her camera back,
665
00:34:00,125 --> 00:34:02,953
was that a choice?
- Yes, sir.
666
00:34:02,997 --> 00:34:04,390
- But pushing her
was not a choice?
667
00:34:04,433 --> 00:34:08,785
- No, he just fell on me,
and I just reacted.
668
00:34:10,961 --> 00:34:12,311
- Why did Avery fall?
669
00:34:12,354 --> 00:34:14,617
Is it because you made
the choice to go after her,
670
00:34:14,661 --> 00:34:17,664
to tease her, to taunt her?
671
00:34:17,707 --> 00:34:19,709
Why would you do that?
672
00:34:28,153 --> 00:34:30,807
- I don't know.
673
00:34:30,851 --> 00:34:33,897
[whispering]
I don't even know, sir.
674
00:34:39,164 --> 00:34:42,819
I'm so sorry.
I'm so sorry.
675
00:34:48,260 --> 00:34:52,307
- We all are, Mr. McCrae.
676
00:34:52,351 --> 00:34:53,700
Nothing further.
677
00:35:02,100 --> 00:35:04,624
- I understand you have
one last witness, Mr. Varma?
678
00:35:04,667 --> 00:35:07,453
- Yes, Your Honor,
Mr. Eric Parker.
679
00:35:07,496 --> 00:35:09,368
- With all due respect
to Mr. Parker, his testimony
680
00:35:09,411 --> 00:35:11,892
is clearly more appropriate
for a victim impact statement.
681
00:35:11,935 --> 00:35:14,024
- Your Honor, he only
approached me yesterday,
682
00:35:14,068 --> 00:35:16,375
and I do believe
that Mr. Parker's testimony
683
00:35:16,418 --> 00:35:21,162
will influence your decision as
to the hate crime charge itself.
684
00:35:21,206 --> 00:35:24,948
- All right, I'll allow it.
685
00:35:24,992 --> 00:35:26,950
- Will you explain to the court
what that is, Mr. Parker?
686
00:35:28,517 --> 00:35:33,218
- An apology drawing
from Darius to Avery.
687
00:35:34,741 --> 00:35:38,745
Avery saw this shortly
before she died.
688
00:35:41,182 --> 00:35:42,227
It meant a lot.
689
00:35:44,881 --> 00:35:50,148
I know Avery felt forgiveness
toward Darius.
690
00:35:50,191 --> 00:35:53,151
- Defense Exhibit D, Your Honor.
691
00:35:55,675 --> 00:35:57,155
- [exhales]
692
00:36:08,818 --> 00:36:11,038
Mr. Parker,
693
00:36:11,081 --> 00:36:15,912
you wish to testify on behalf
of the defendant,
694
00:36:15,956 --> 00:36:17,914
the boy who has caused
your family so much pain?
695
00:36:19,699 --> 00:36:22,310
- Yes.
696
00:36:22,354 --> 00:36:25,748
My wife and I want to make sure
that Avery's death
697
00:36:25,792 --> 00:36:27,837
means something,
698
00:36:27,881 --> 00:36:30,927
that no transgender child
should ever again
699
00:36:30,971 --> 00:36:34,540
be singled out or hurt,
700
00:36:34,583 --> 00:36:39,414
but we also want
to make sure that the tragedy
701
00:36:39,458 --> 00:36:43,331
is not compounded by the tragedy
702
00:36:43,375 --> 00:36:47,074
of taking another child
away from his family.
703
00:36:51,121 --> 00:36:53,341
- Thank you for your compassion.
704
00:36:59,260 --> 00:37:02,045
- Do I think Darius McCrae
left home that morning
705
00:37:02,089 --> 00:37:04,265
with the intent
to kill Avery Parker?
706
00:37:04,309 --> 00:37:07,747
No, but intent
can be formed in an instant,
707
00:37:07,790 --> 00:37:12,882
and in that instant Mr. McCrae
saw Avery as "other,"
708
00:37:12,926 --> 00:37:16,799
someone he could taunt,
tease,
709
00:37:16,843 --> 00:37:19,149
someone
he could push off a bridge.
710
00:37:19,193 --> 00:37:22,196
- Darius knows that
what he did was wrong.
711
00:37:22,240 --> 00:37:26,026
That's evidenced by his remorse
and the apology letter he drew.
712
00:37:26,069 --> 00:37:29,638
Now, what happened
on that bridge was tragic,
713
00:37:29,682 --> 00:37:33,163
but sending a 15-year-old boy
to prison
714
00:37:33,207 --> 00:37:36,819
for an instant's loss of control
will not bring Avery back.
715
00:37:36,863 --> 00:37:39,866
- We have heard
that Mr. McCrae is a good kid,
716
00:37:39,909 --> 00:37:43,609
that his actions
were not motivated by hatred,
717
00:37:43,652 --> 00:37:48,701
but one purpose of punishment
is deterrence, to send a message
718
00:37:48,744 --> 00:37:53,401
that there are some actions
not acceptable to society.
719
00:37:53,445 --> 00:37:57,492
- Avery's parents have asked
this court for mercy.
720
00:37:57,536 --> 00:37:59,102
They believe the message
721
00:37:59,146 --> 00:38:02,715
that Avery would want to send
is one of compassion.
722
00:38:02,758 --> 00:38:08,068
Is sending a 15-year-old boy
to an adult prison
723
00:38:08,111 --> 00:38:11,027
really what's best for society?
724
00:38:11,071 --> 00:38:14,727
Are we living in the Dark Ages,
an eye for an eye?
725
00:38:14,770 --> 00:38:16,946
This is two lives lost.
726
00:38:16,990 --> 00:38:19,079
- Transgender teens
have a tough road.
727
00:38:19,122 --> 00:38:23,344
They're ostracized,
bullied, driven to suicide.
728
00:38:23,388 --> 00:38:25,477
I don't normally
go against the wishes
729
00:38:25,520 --> 00:38:28,828
of a victim's parents,
730
00:38:28,871 --> 00:38:31,831
but I never want to see
another child die
731
00:38:31,874 --> 00:38:34,268
simply for being who they are.
732
00:38:37,053 --> 00:38:39,578
- Thank you, Counselors.
733
00:38:39,621 --> 00:38:41,231
I appreciate all
of your arguments.
734
00:38:41,275 --> 00:38:42,668
We'll take a short recess.
735
00:38:45,410 --> 00:38:47,150
- [sighs]
736
00:38:53,418 --> 00:38:56,508
I thought it was real nice
of Mr. Parker
737
00:38:56,551 --> 00:38:59,075
to say the things that he said.
738
00:38:59,119 --> 00:39:00,903
- Mm-hmm.
739
00:39:10,391 --> 00:39:12,567
- It's gonna be okay, isn't it?
740
00:39:12,611 --> 00:39:15,396
- I hope so, Ms. McCrae.
741
00:39:19,357 --> 00:39:21,359
- The judge is coming back in.
742
00:39:24,449 --> 00:39:26,233
- Okay.
743
00:39:31,412 --> 00:39:34,546
- Are we all settled?
744
00:39:34,589 --> 00:39:36,635
Will the defendant please rise?
745
00:39:42,336 --> 00:39:46,993
I was moved by what witnesses
said about your character
746
00:39:47,036 --> 00:39:50,388
and capacity, Mr. McCrae.
747
00:39:50,431 --> 00:39:54,304
I was particularly moved
by Mr. Parker's testimony.
748
00:39:56,481 --> 00:39:59,571
However...
749
00:39:59,614 --> 00:40:03,313
it is unrealistic
to believe that violence
750
00:40:03,357 --> 00:40:05,577
against protected classes
751
00:40:05,620 --> 00:40:08,710
can be extinguished
without appropriate punishment
752
00:40:08,754 --> 00:40:12,453
under the law.
753
00:40:12,497 --> 00:40:15,804
Darius McCrae, I find you
guilty of manslaughter
754
00:40:15,848 --> 00:40:19,678
in the second degree with
the hate crime statute attached.
755
00:40:19,721 --> 00:40:23,029
- No, that's my baby!
756
00:40:23,072 --> 00:40:24,987
- Order, order.
[strikes gavel]
757
00:40:28,643 --> 00:40:30,340
Darius McCrae,
758
00:40:30,384 --> 00:40:33,735
you are hereby remanded
to Brookwood Secure Center
759
00:40:33,779 --> 00:40:36,999
until your 18 birthday,
at which time you will
760
00:40:37,043 --> 00:40:38,914
be transferred to Green
Haven Correctional Facility
761
00:40:38,958 --> 00:40:41,003
to serve out the remainder
of your seven-year term.
762
00:40:42,222 --> 00:40:43,310
Court is adjourned.
763
00:40:43,353 --> 00:40:44,746
[strikes gavel]
764
00:40:48,228 --> 00:40:51,187
- [cries]
765
00:40:51,231 --> 00:40:55,061
[sobs]
766
00:40:55,104 --> 00:40:56,758
[handcuffs click]
56162
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