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These are the user uploaded subtitles that are being translated: 1 00:00:01,436 --> 00:00:03,177 male narrator: In the criminal justice system, 2 00:00:03,220 --> 00:00:07,050 sexually-based offenses are considered especially heinous. 3 00:00:07,094 --> 00:00:08,573 In New York City the dedicated detectives 4 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 6 00:00:12,012 --> 00:00:14,275 known as the Special Victims Unit. 7 00:00:14,318 --> 00:00:15,798 These are their stories. 8 00:00:18,496 --> 00:00:21,456 [upbeat music] 9 00:00:21,499 --> 00:00:25,112 ♪ 10 00:00:25,155 --> 00:00:29,333 - [sighs] 11 00:00:29,377 --> 00:00:30,900 [exhales] 12 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. 16 00:00:54,228 --> 00:00:55,620 They'll catch in the grass. 17 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] 26 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! 29 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. 34 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. 62 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. 64 00:02:43,380 --> 00:02:44,468 [gasping] 65 00:02:44,512 --> 00:02:46,992 [thud] - [gasps] 66 00:02:58,178 --> 00:02:59,527 - We got to go. We got to go. Come on. 67 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. 71 00:03:09,493 --> 00:03:11,539 - Look. Down there. 72 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? 82 00:03:34,866 --> 00:03:37,086 - Apparently three black kids were teasing him-- 83 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? 87 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. 89 00:03:55,931 --> 00:03:58,890 [dramatic music] 90 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. 103 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, 106 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. 114 00:06:15,070 --> 00:06:16,550 You got something? 115 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, 117 00:06:20,031 --> 00:06:21,729 and these finally popped up. 118 00:06:21,772 --> 00:06:23,905 - "These"? 119 00:06:23,948 --> 00:06:26,647 - Three separate cell phone videos so far. 120 00:06:26,690 --> 00:06:30,259 They all begin after it started, but you get the idea. 121 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? 132 00:06:52,150 --> 00:06:54,718 - Well, according to Facebook, it's two sophomores 133 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 137 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 145 00:07:25,183 --> 00:07:28,186 from your school posted those videos. 146 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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