1 00:00:02,470 --> 00:00:05,639 male narrator: In the criminal justice system, 2 00:00:05,673 --> 00:00:07,341 sexually-based offenses are considered especially heinous. 3 00:00:07,375 --> 00:00:08,676 In New York City the dedicated detectives 4 00:00:08,709 --> 00:00:10,678 who investigate these vicious felonies 5 00:00:10,711 --> 00:00:12,280 are members of an elite squad 6 00:00:12,313 --> 00:00:14,515 known as the Special Victims Unit. 7 00:00:14,548 --> 00:00:16,217 These are their stories. 8 00:00:18,119 --> 00:00:21,055 [upbeat music] 9 00:00:21,089 --> 00:00:24,492 * 10 00:00:24,525 --> 00:00:28,629 - [sighs] 11 00:00:28,662 --> 00:00:30,364 [exhales] 12 00:00:47,548 --> 00:00:49,083 Morning. - Hey. 13 00:00:49,117 --> 00:00:50,851 - Hey, honey. - Is that smoothie for me? 14 00:00:50,884 --> 00:00:52,520 - It is now. 15 00:00:52,553 --> 00:00:54,155 - Love the heels, but be careful in the park. 16 00:00:54,188 --> 00:00:55,423 They'll catch in the grass. 17 00:00:55,456 --> 00:00:56,857 - Mom, I'll be fine. 18 00:00:56,890 --> 00:00:59,293 - [laughs] - Love you. 19 00:00:59,327 --> 00:01:01,529 - Love you. - Bye, Dad. 20 00:01:01,562 --> 00:01:02,796 - Where's Mom? 21 00:01:02,830 --> 00:01:04,665 - Left a note, had to work a double. 22 00:01:06,567 --> 00:01:07,801 - Eee! 23 00:01:07,835 --> 00:01:09,537 - [exhales] 24 00:01:10,838 --> 00:01:12,473 - Okay, I'm hitting the park. 25 00:01:12,506 --> 00:01:14,542 [giggling] 26 00:01:15,576 --> 00:01:17,311 - All right, cool. Check you later. 27 00:01:19,513 --> 00:01:21,249 - [laughs] 28 00:01:21,282 --> 00:01:23,784 - Afternoon, Darius! 29 00:01:23,817 --> 00:01:25,819 This yours? - Yeah. 30 00:01:25,853 --> 00:01:30,691 - Keep it out of English class, but keep drawing. 31 00:01:30,724 --> 00:01:32,160 You have talent. 32 00:01:34,428 --> 00:01:36,630 - You have talent. - Shut up. 33 00:01:38,699 --> 00:01:40,634 - [laughs] - That was nice. 34 00:01:40,668 --> 00:01:42,436 All right, here's your money. 35 00:01:42,470 --> 00:01:44,205 Here's your money. 36 00:01:44,238 --> 00:01:45,406 I was about to give you a little bit more than... 37 00:01:45,439 --> 00:01:47,341 - There's more. - No, that's it. 38 00:01:47,375 --> 00:01:49,743 What happened to the coins? - Where's my money? 39 00:01:49,777 --> 00:01:51,545 - I didn't see you dancing, little girl. 40 00:01:51,579 --> 00:01:54,215 - Yo, check out this dude in the dress. 41 00:01:56,817 --> 00:01:59,387 - Nah, son. That's a tore-up girl. 42 00:01:59,420 --> 00:02:02,523 - Only one way to find out. 43 00:02:02,556 --> 00:02:05,259 - Let's go home. I'm hungry. 44 00:02:05,293 --> 00:02:06,527 - Hey, what's up with the skirt? 45 00:02:06,560 --> 00:02:07,761 - Excuse me. 46 00:02:07,795 --> 00:02:10,364 - He asked you a question. 47 00:02:10,398 --> 00:02:11,699 - You one of them he-shes? 48 00:02:11,732 --> 00:02:14,168 - Maybe you got a bra on under there. 49 00:02:14,202 --> 00:02:15,603 - Let's see, tranny. 50 00:02:15,636 --> 00:02:17,238 - Nah, that can't be a girl, man. 51 00:02:17,271 --> 00:02:18,739 - Nah, that's a dude. - Get away from me. 52 00:02:18,772 --> 00:02:21,209 - What the hell? Beat his ass. 53 00:02:21,242 --> 00:02:22,776 - Come on, slut. - Get away. 54 00:02:22,810 --> 00:02:25,213 - Yo, just record it, just record it. 55 00:02:25,246 --> 00:02:27,715 - Darius, we're gonna get in trouble. 56 00:02:27,748 --> 00:02:29,183 - [laughs] You want it? 57 00:02:29,217 --> 00:02:31,619 - That's not funny. 58 00:02:31,652 --> 00:02:34,255 - Okay, white girl. - [laughs] 59 00:02:34,288 --> 00:02:36,424 You're not getting that camera back, uh-uh. 60 00:02:36,457 --> 00:02:38,192 - Just give it back. 61 00:02:38,226 --> 00:02:39,660 - Aw, she likes you, Darius. 62 00:02:39,693 --> 00:02:40,961 - They dancing now. 63 00:02:40,994 --> 00:02:43,197 - Get off me, you freak. 64 00:02:43,231 --> 00:02:44,265 [gasping] 65 00:02:44,298 --> 00:02:46,634 [thud] - [gasps] 66 00:02:57,878 --> 00:02:59,313 - We got to go. We got to go. Come on. 67 00:02:59,347 --> 00:03:02,250 - Run. - Come on. 68 00:03:02,283 --> 00:03:03,517 - Let's get out of here. 69 00:03:03,551 --> 00:03:05,386 - Run, man. 70 00:03:05,419 --> 00:03:07,288 - Come on. 71 00:03:09,290 --> 00:03:11,325 - Look. Down there. 72 00:03:14,762 --> 00:03:16,597 - Hey. Is she conscious? 73 00:03:16,630 --> 00:03:20,534 - In and out, and she's not a she. 74 00:03:20,568 --> 00:03:21,735 - Transgender? 75 00:03:21,769 --> 00:03:23,504 - Boy dressed as a girl, that makes him-- 76 00:03:23,537 --> 00:03:25,339 her a special victim, right? 77 00:03:25,373 --> 00:03:27,007 - Yeah, good call. 78 00:03:27,040 --> 00:03:28,542 So, what, 4:00 in the afternoon, 79 00:03:28,576 --> 00:03:30,378 and these two are the only witnesses? 80 00:03:30,411 --> 00:03:32,813 - Yeah, tourists, they stuck around, said everyone else ran. 81 00:03:32,846 --> 00:03:34,482 - Everyone else? 82 00:03:34,515 --> 00:03:36,817 - Apparently three black kids were teasing him-- 83 00:03:36,850 --> 00:03:39,019 her--pulling up the skirt. 84 00:03:39,052 --> 00:03:41,289 Some others were egging them on, recorded it. 85 00:03:41,322 --> 00:03:43,357 Then the vic got pushed off the bridge and everyone ran. 86 00:03:44,825 --> 00:03:46,560 - What high schools are around here? 87 00:03:46,594 --> 00:03:49,397 - Private, Felix Adler Academy. Public, Shirley Chisholm. 88 00:03:49,430 --> 00:03:50,998 - Three guesses which kids went where. 89 00:03:55,536 --> 00:03:58,506 [dramatic music] 90 00:03:58,539 --> 00:04:06,614 * 91 00:04:43,116 --> 00:04:45,319 I was taking pictures on the bridge 92 00:04:45,353 --> 00:04:46,587 when they surrounded me. 93 00:04:46,620 --> 00:04:48,922 - Avery, can you describe them? 94 00:04:48,956 --> 00:04:52,393 - Black, my age. 95 00:04:52,426 --> 00:04:56,029 [inhales] They were giving me the look. 96 00:04:56,063 --> 00:04:57,465 - What look is that? 97 00:04:58,966 --> 00:05:03,371 - The "freak needs to learn a lesson" look. 98 00:05:07,841 --> 00:05:12,546 I tried to go, but they started saying stuff. 99 00:05:12,580 --> 00:05:14,014 - What were they saying? 100 00:05:15,949 --> 00:05:18,952 - Tranny. 101 00:05:18,986 --> 00:05:22,990 He-she. My personal fave. 102 00:05:26,827 --> 00:05:29,730 I told them to leave me alone. 103 00:05:29,763 --> 00:05:33,333 One grabbed my skirt, another my camera. 104 00:05:35,903 --> 00:05:39,473 I was pushed, and I tripped on my heels. 105 00:05:41,575 --> 00:05:45,613 - Avery, can you remember anything else about the boys, 106 00:05:45,646 --> 00:05:50,618 anything they said or that they did? 107 00:05:50,651 --> 00:05:53,821 - It was all a blur of shoving, 108 00:05:53,854 --> 00:05:58,459 people laughing, taking video. 109 00:05:59,727 --> 00:06:01,061 - This isn't the first time, 110 00:06:01,094 --> 00:06:04,097 and the local precinct never follows up. 111 00:06:04,131 --> 00:06:05,933 - We will. 112 00:06:05,966 --> 00:06:08,936 We take this very seriously. 113 00:06:08,969 --> 00:06:10,871 I give you my word, Mr. Parker. 114 00:06:14,575 --> 00:06:15,876 You got something? 115 00:06:15,909 --> 00:06:17,411 - Well, we were checking social media, 116 00:06:17,445 --> 00:06:19,513 lensing the area where the crime occurred, 117 00:06:19,547 --> 00:06:20,981 and these finally popped up. 118 00:06:21,014 --> 00:06:23,451 - "These"? 119 00:06:23,484 --> 00:06:25,953 - Three separate cell phone videos so far. 120 00:06:25,986 --> 00:06:29,690 They all begin after it started, but you get the idea. 121 00:06:29,723 --> 00:06:31,459 - Let's see, slut. 122 00:06:31,492 --> 00:06:33,694 What's under there? - Beat his ass. 123 00:06:33,727 --> 00:06:35,195 [smack] - Oh, he's slapping him around. 124 00:06:35,228 --> 00:06:36,764 - Darius, we're going to get in trouble. 125 00:06:36,797 --> 00:06:38,499 - All these people watching. Nobody helps. 126 00:06:38,532 --> 00:06:40,133 - How long do they go on? - To the fall. 127 00:06:40,167 --> 00:06:41,835 - You're not getting that camera back, uh-uh. 128 00:06:41,869 --> 00:06:43,904 - Aw, she likes you Darius. - They dancing. 129 00:06:43,937 --> 00:06:45,639 - Just give it back. 130 00:06:45,673 --> 00:06:49,543 - Get off me, you freak. [gasping] 131 00:06:49,577 --> 00:06:51,211 - Do we have any idea who posted these? 132 00:06:51,244 --> 00:06:53,914 - Well, according to Facebook, it's two sophomores 133 00:06:53,947 --> 00:06:56,784 and one junior from Shirley Chisholm. 134 00:06:56,817 --> 00:06:59,052 - That's it, guys, let's go, full court. 135 00:07:04,257 --> 00:07:06,126 - I didn't do nothing. I just took a video. 136 00:07:06,159 --> 00:07:07,595 - You watched a person get assaulted 137 00:07:07,628 --> 00:07:08,962 and thrown over a bridge. 138 00:07:08,996 --> 00:07:10,698 - I didn't touch that freak show, 139 00:07:10,731 --> 00:07:13,200 and why is he wearing a skirt, acting all--whatever. 140 00:07:13,233 --> 00:07:14,968 - Who were the guys messing with Avery? 141 00:07:15,002 --> 00:07:16,837 - I don't know. 142 00:07:16,870 --> 00:07:19,640 That's your job. 143 00:07:19,673 --> 00:07:21,975 - Yo, they slapping him around. - This is deeply disturbing. 144 00:07:22,009 --> 00:07:24,578 - Yes, it is, and three different students 145 00:07:24,612 --> 00:07:27,247 from your school posted those videos. 146 00:07:27,280 --> 00:07:29,049 - Well, let me be clear. 147 00:07:29,082 --> 00:07:32,786 This behavior is in no way indicative of our community. 148 00:07:32,820 --> 00:07:34,121 We strive for inclusion. 149 00:07:34,154 --> 00:07:36,824 - We understand. 150 00:07:36,857 --> 00:07:38,759 Who are these kids? 151 00:07:40,761 --> 00:07:45,065 [indistinct chatter] 152 00:07:45,098 --> 00:07:46,500 - All right, quiet. 153 00:07:47,901 --> 00:07:50,571 Keon Williams and Markus Green, come with me. 154 00:07:50,604 --> 00:07:53,006 - Why? - We didn't do nothing. 155 00:07:53,040 --> 00:07:54,542 - Now. 156 00:07:57,177 --> 00:07:58,712 - Why are you looking for Darius? 157 00:07:58,746 --> 00:08:01,849 - It's a police matter. Where is he? 158 00:08:01,882 --> 00:08:03,984 - He was here before school began, 159 00:08:04,017 --> 00:08:05,753 very upset about something. 160 00:08:05,786 --> 00:08:07,721 I told him we could talk after lunch. 161 00:08:07,755 --> 00:08:09,623 - He live nearby? - He won't be there. 162 00:08:09,657 --> 00:08:12,125 He hates the projects. 163 00:08:12,159 --> 00:08:14,595 There is one place he likes to go. 164 00:08:22,903 --> 00:08:24,872 - Darius McCrae? 165 00:08:24,905 --> 00:08:26,674 - Hey, NYPD. 166 00:08:26,707 --> 00:08:29,276 Darius, get up. 167 00:08:29,309 --> 00:08:31,311 - Come on. I didn't do anything. 168 00:08:31,344 --> 00:08:34,047 - Come on, Darius, stand up. Let's make this easy. 169 00:08:37,317 --> 00:08:39,186 - Yes, sir. 170 00:08:57,805 --> 00:08:59,673 - So you're saying it wasn't your fault? 171 00:08:59,707 --> 00:09:01,942 - That tranny started it, all up in our face with, 172 00:09:01,975 --> 00:09:04,244 you know, being weird. 173 00:09:04,277 --> 00:09:06,947 - That boy goes around dressed like a girl? 174 00:09:06,980 --> 00:09:10,117 You should be talking to his parents, not my son. 175 00:09:10,150 --> 00:09:12,185 - Well, they're in the hospital, 176 00:09:12,219 --> 00:09:15,856 and you're here, so think about that. 177 00:09:17,324 --> 00:09:21,361 - Markus, did you beat up on a girl? 178 00:09:21,394 --> 00:09:23,063 - He's not a girl, Grandma. 179 00:09:23,096 --> 00:09:25,165 He's one of them he-shes. - Wow. 180 00:09:25,198 --> 00:09:27,835 - Acts like one, wears makeup. 181 00:09:27,868 --> 00:09:29,136 - Why would anyone do that? 182 00:09:29,169 --> 00:09:31,204 - That's not the issue. 183 00:09:31,238 --> 00:09:35,843 The issue is your grandson pushed a kid off a bridge. 184 00:09:35,876 --> 00:09:37,277 - You did what? 185 00:09:37,310 --> 00:09:38,779 - I didn't push him off a bridge, Grandma. 186 00:09:38,812 --> 00:09:39,980 I swear. 187 00:09:40,013 --> 00:09:42,015 - Then you better tell them who did. 188 00:09:45,118 --> 00:09:48,321 - I don't know. - Markus, look at me. 189 00:09:48,355 --> 00:09:51,792 I know that your grandmother did not raise you to lie. 190 00:09:55,863 --> 00:09:57,831 - It was Darius. 191 00:09:57,865 --> 00:09:59,767 He's a grade above me. 192 00:10:06,974 --> 00:10:08,175 - Have a seat. 193 00:10:12,445 --> 00:10:13,914 - Am I going to jail? 194 00:10:13,947 --> 00:10:15,215 - When your mom gets here we need to talk, 195 00:10:15,248 --> 00:10:16,750 but the best thing to do is tell the truth. 196 00:10:16,784 --> 00:10:18,085 - You want a soda, a sandwich or something? 197 00:10:18,118 --> 00:10:20,420 - My stomach's not feeling good. 198 00:10:20,453 --> 00:10:23,423 - Darius? - This way, ma'am. 199 00:10:23,456 --> 00:10:26,093 I'm Sergeant Benson. - Ms. McCrae. 200 00:10:26,126 --> 00:10:29,029 I'm Detective Tutuola. This is Detective Rollins. 201 00:10:29,062 --> 00:10:30,330 - I'm sorry, Mom. 202 00:10:30,363 --> 00:10:32,833 I didn't mean to do anything bad. 203 00:10:32,866 --> 00:10:34,702 - What do they think you did? 204 00:10:34,735 --> 00:10:37,070 - A teenager was assaulted in Fort Tryon Park 205 00:10:37,104 --> 00:10:39,807 and is now in the hospital. 206 00:10:39,840 --> 00:10:42,843 - I didn't mean to hurt him. 207 00:10:42,876 --> 00:10:44,111 - Darius is a good kid. 208 00:10:44,144 --> 00:10:45,879 He takes care of his little sister. 209 00:10:45,913 --> 00:10:47,881 He goes to--to church. 210 00:10:47,915 --> 00:10:50,851 - Okay, well, ma'am, we still just need to talk to him, okay. 211 00:10:50,884 --> 00:10:52,152 - But he's only 15. 212 00:10:52,185 --> 00:10:53,887 - Which is why we waited for you. 213 00:11:03,030 --> 00:11:03,163 . 214 00:11:04,765 --> 00:11:06,700 - We were just talking to him. 215 00:11:06,734 --> 00:11:08,736 I asked what was up with the dress. 216 00:11:08,769 --> 00:11:10,771 - So Markus and Keon were telling the truth? 217 00:11:10,804 --> 00:11:12,439 It was your idea? 218 00:11:12,472 --> 00:11:16,944 - Yes, but we were all messing with him, 219 00:11:16,977 --> 00:11:19,446 tried to lift up the skirt. 220 00:11:19,479 --> 00:11:23,083 - Darius, why would you do that? 221 00:11:23,116 --> 00:11:24,985 - I didn't want my friends to think I was gay. 222 00:11:25,018 --> 00:11:26,253 - So you were being tough around your boys. 223 00:11:26,286 --> 00:11:27,955 Is that why you pushed Avery? 224 00:11:27,988 --> 00:11:31,358 - No, he fell on me, and I just pushed him away. 225 00:11:31,391 --> 00:11:33,393 I didn't mean for him to go over the bridge. 226 00:11:33,426 --> 00:11:35,462 - Then why'd you run? 227 00:11:35,495 --> 00:11:38,465 - Because it was the worst thing I ever did. 228 00:11:38,498 --> 00:11:41,869 I thought I killed someone. 229 00:11:41,902 --> 00:11:43,904 - This kid seems genuinely upset. 230 00:11:43,937 --> 00:11:45,873 The other two, they just think it's funny. 231 00:11:45,906 --> 00:11:47,841 - Yeah, well, the other two didn't push Avery off a bridge. 232 00:11:47,875 --> 00:11:49,242 I mean, she could have died. 233 00:11:49,276 --> 00:11:50,811 - Bright side, all three confessed. 234 00:11:50,844 --> 00:11:52,079 We got the video evidence. We're done. 235 00:11:52,112 --> 00:11:53,914 - Look, the video is shaky. 236 00:11:53,947 --> 00:11:55,182 The kids are underaged. 237 00:11:55,215 --> 00:11:56,449 I just don't want anyone claiming 238 00:11:56,483 --> 00:11:59,853 that those confessions were coerced. 239 00:11:59,887 --> 00:12:02,790 Let's see if Avery can come in and make an ID. 240 00:12:02,823 --> 00:12:04,124 - You got it. 241 00:12:11,231 --> 00:12:12,732 [sighs] 242 00:12:19,206 --> 00:12:23,310 - Number four. 243 00:12:23,343 --> 00:12:27,948 Number one. 244 00:12:27,981 --> 00:12:29,216 Three. 245 00:12:29,249 --> 00:12:33,186 - You did great, Avery. 246 00:12:33,220 --> 00:12:36,456 - They look smaller in there, scared. 247 00:12:36,489 --> 00:12:38,291 - Well, they should be, Avery. 248 00:12:38,325 --> 00:12:39,927 They're in trouble. 249 00:12:39,960 --> 00:12:42,062 - Did they say why they did this to me? 250 00:12:42,095 --> 00:12:44,464 I'm not stupid. I wasn't being cheeky. 251 00:12:44,497 --> 00:12:46,066 - It wasn't anything you did. 252 00:12:46,099 --> 00:12:47,200 We need to get back to the hospital. 253 00:12:47,234 --> 00:12:50,938 - Excuse me... 254 00:12:50,971 --> 00:12:52,572 Are you the Parkers? I'm Darius' mother. 255 00:12:52,605 --> 00:12:54,908 - Mrs. McCrae, now may not be the best time. 256 00:12:54,942 --> 00:12:56,977 - Hold on. I want to hear her out. 257 00:12:59,346 --> 00:13:03,050 - My son is really sorry for hurting you. 258 00:13:03,083 --> 00:13:04,818 - Did he tell you why he did this to me? 259 00:13:04,852 --> 00:13:07,921 - Avery, let's go. - Just wait a minute. 260 00:13:07,955 --> 00:13:09,356 Ask him, please. 261 00:13:09,389 --> 00:13:11,158 - Okay, we need to leave, now. 262 00:13:11,191 --> 00:13:13,126 - Come on, this way, folks. 263 00:13:18,932 --> 00:13:20,500 - Wait, my son has to spend the night here? 264 00:13:20,533 --> 00:13:22,335 - No, he's gonna be able to go home. 265 00:13:22,369 --> 00:13:24,471 The desk sergeant's gonna 266 00:13:24,504 --> 00:13:28,208 give you a appearance ticket for tomorrow in family court. 267 00:13:28,241 --> 00:13:29,476 - I have to work tomorrow. 268 00:13:29,509 --> 00:13:31,111 I'm a home care attendant. 269 00:13:31,144 --> 00:13:33,080 - Well, you're gonna have to call in sick. 270 00:13:33,113 --> 00:13:34,314 You got to be there. 271 00:13:34,347 --> 00:13:35,815 - [exhales] 272 00:13:41,021 --> 00:13:42,956 - Those poor parents, right? 273 00:13:42,990 --> 00:13:44,157 - Yeah. 274 00:13:44,191 --> 00:13:48,161 You want one? - Yeah, please. 275 00:13:48,195 --> 00:13:49,863 Hey, Rollins... 276 00:13:49,897 --> 00:13:52,099 let me ask you something. 277 00:13:52,132 --> 00:13:55,235 What makes a boy decide to be a girl? 278 00:13:55,268 --> 00:13:57,537 I mean, is it that he likes boys? 279 00:13:57,570 --> 00:13:59,039 He just doesn't want to be gay? 280 00:13:59,072 --> 00:14:00,974 - Um... 281 00:14:02,375 --> 00:14:03,944 There's a difference 282 00:14:03,977 --> 00:14:06,546 between gender identity and sexuality, Carisi. 283 00:14:06,579 --> 00:14:09,149 - Yeah, yeah. 284 00:14:09,182 --> 00:14:11,018 You know, my parents, 285 00:14:11,051 --> 00:14:13,053 they think this is all about getting attention. 286 00:14:13,086 --> 00:14:14,922 - Uh-huh. 287 00:14:14,955 --> 00:14:18,525 You were a 14-year-old boy once. [laughs] 288 00:14:18,558 --> 00:14:22,529 And would you or any other boy you knew 289 00:14:22,562 --> 00:14:24,531 put on a skirt 290 00:14:24,564 --> 00:14:27,034 if it didn't come from a really real place? 291 00:14:27,067 --> 00:14:31,871 - [scoffs] No, not a chance. 292 00:14:37,077 --> 00:14:38,545 - Good afternoon. 293 00:14:38,578 --> 00:14:40,280 Which one of you is Marcus Green? 294 00:14:43,083 --> 00:14:45,285 Come with me, please. - Counselor, you want us inside? 295 00:14:45,318 --> 00:14:46,653 - If I need anything, I'll let you know. 296 00:14:57,430 --> 00:14:59,232 Keon Williams? 297 00:15:02,502 --> 00:15:05,205 - Excuse me, I'm missing work. 298 00:15:05,238 --> 00:15:07,941 - I'll let you know when it's your turn, okay? 299 00:15:07,975 --> 00:15:09,509 Keon? 300 00:15:18,986 --> 00:15:20,553 - It won't be long. 301 00:15:27,995 --> 00:15:30,030 - Thank you so much, Ms. Cox. 302 00:15:30,063 --> 00:15:32,332 I promise you. Keon has learned his lesson. 303 00:15:45,545 --> 00:15:46,746 - The other boys got probation? 304 00:15:46,779 --> 00:15:48,681 - That will be my recommendation. 305 00:15:48,715 --> 00:15:51,084 It's their first offense, and they were both very clear 306 00:15:51,118 --> 00:15:53,353 that Darius was the one who started this. 307 00:15:53,386 --> 00:15:55,022 - They were going at him, too. 308 00:15:55,055 --> 00:15:57,124 - But you were the one who pushed Avery off the bridge. 309 00:15:57,157 --> 00:16:00,227 - I didn't mean to. I just bugged out. 310 00:16:00,260 --> 00:16:01,461 He was touching me. 311 00:16:01,494 --> 00:16:03,630 - You "bugged out." 312 00:16:03,663 --> 00:16:07,567 Did it have anything to do with Avery wearing a skirt? 313 00:16:07,600 --> 00:16:09,636 - I'm sorry, my boy's not prejudiced. 314 00:16:09,669 --> 00:16:13,373 - I was just afraid. 315 00:16:13,406 --> 00:16:15,342 - How do you think Avery felt? 316 00:16:18,645 --> 00:16:20,580 - This is not fair. 317 00:16:20,613 --> 00:16:22,249 The other boys get probation, 318 00:16:22,282 --> 00:16:25,452 but she wants my Darius to do three months in juvie? 319 00:16:25,485 --> 00:16:27,020 - That's what she wants. 320 00:16:27,054 --> 00:16:28,755 A judge still has to rule. 321 00:16:28,788 --> 00:16:31,158 - She also told me that if it goes to trial, 322 00:16:31,191 --> 00:16:33,193 Darius could get a year. 323 00:16:33,226 --> 00:16:34,661 I said I wanted to talk to a lawyer, 324 00:16:34,694 --> 00:16:37,297 but she said no one was available today. 325 00:16:37,330 --> 00:16:39,299 - Well, that's your right. 326 00:16:39,332 --> 00:16:41,668 They're gonna have to wait. 327 00:16:41,701 --> 00:16:44,571 - Talk to that lady about Darius. 328 00:16:44,604 --> 00:16:47,374 Let her know he's-- he's no thug, 329 00:16:47,407 --> 00:16:49,076 and he's had a lot to deal with. 330 00:16:49,109 --> 00:16:50,410 - I'll do what I can. 331 00:16:53,613 --> 00:16:57,184 - Darius, we have to pick up your sister. 332 00:16:57,217 --> 00:17:03,190 - Detective Tutuola, can you make sure Avery gets this? 333 00:17:03,223 --> 00:17:04,457 I need him to know I'm sorry. 334 00:17:08,395 --> 00:17:11,231 - What's that, drawings? - It's an apology. 335 00:17:11,264 --> 00:17:14,234 - Well, and it's an admission of guilt. 336 00:17:14,267 --> 00:17:16,069 You know, if you were Avery, would you want to hear anything 337 00:17:16,103 --> 00:17:17,637 that Darius has to say right now? 338 00:17:17,670 --> 00:17:19,772 - My son got the crap kicked out of him 339 00:17:19,806 --> 00:17:22,642 when he was a boy just for being gay. 340 00:17:22,675 --> 00:17:25,178 No one ever apologized to him. 341 00:17:29,549 --> 00:17:31,651 - Darius McCrae wrote something for me? 342 00:17:31,684 --> 00:17:33,753 - He did. 343 00:17:33,786 --> 00:17:36,389 He wanted to apologize. 344 00:17:36,423 --> 00:17:38,658 - You don't have to read it if you don't want to. 345 00:17:38,691 --> 00:17:41,294 - No, I do. 346 00:17:43,696 --> 00:17:45,565 [inhales] 347 00:17:51,804 --> 00:17:56,276 "If I could get a do-over, I wouldn't do it." 348 00:18:15,462 --> 00:18:17,797 Did you tell him I was into graphic novels? 349 00:18:17,830 --> 00:18:20,633 - No, we didn't know. 350 00:18:26,806 --> 00:18:28,408 - The boys took a plea. 351 00:18:28,441 --> 00:18:30,477 Does that mean Avery won't have to testify? 352 00:18:30,510 --> 00:18:33,380 - The third boy, Darius, is speaking with a lawyer, 353 00:18:33,413 --> 00:18:35,182 so we should know more tomorrow. 354 00:18:35,215 --> 00:18:39,752 - What Avery's gone through, she's a tough kid. 355 00:18:39,786 --> 00:18:41,521 You must be proud. 356 00:18:41,554 --> 00:18:43,890 - Yeah, we are. 357 00:18:43,923 --> 00:18:47,126 - Code blue. Code blue. 358 00:18:52,299 --> 00:18:54,201 - That's Avery's room. 359 00:18:57,904 --> 00:18:59,539 - Clear. - Let's go. 360 00:18:59,572 --> 00:19:00,807 - My baby! 361 00:19:00,840 --> 00:19:02,209 - Please, you have to wait outside. 362 00:19:02,242 --> 00:19:03,276 - No! - No. 363 00:19:03,310 --> 00:19:04,477 - Avery? - No, come on. 364 00:19:04,511 --> 00:19:05,845 - Check the heart... - No pulse. 365 00:19:05,878 --> 00:19:07,714 - Let's--go on, just give them some room. 366 00:19:07,747 --> 00:19:10,383 - Let's go again. - Nothing. 367 00:19:10,417 --> 00:19:11,651 - Come on, Avery. Stay with me, honey. 368 00:19:11,684 --> 00:19:13,520 Stay with me. Clear! 369 00:19:13,553 --> 00:19:15,154 - [sobs] 370 00:19:19,826 --> 00:19:22,795 - One minute Avery's fine and then she's gone just like that? 371 00:19:22,829 --> 00:19:24,531 - What happened? - A fatty embolism. 372 00:19:24,564 --> 00:19:26,933 - Oh, no. From the fractured leg, right? 373 00:19:26,966 --> 00:19:28,768 - Yes. 374 00:19:28,801 --> 00:19:32,272 When the femur fractured, fatty globules were released. 375 00:19:32,305 --> 00:19:33,706 They traveled to the lungs. 376 00:19:33,740 --> 00:19:35,542 Death is almost instantaneous. 377 00:19:35,575 --> 00:19:39,812 - So this embolism was a direct result of Avery's fall? 378 00:19:39,846 --> 00:19:42,249 - No question. 379 00:19:42,282 --> 00:19:44,817 - [sighs] - Excuse me. 380 00:19:44,851 --> 00:19:46,653 - [sighs] Oh, God. 381 00:19:46,686 --> 00:19:48,788 What do we say to them? I'm sorry? 382 00:19:48,821 --> 00:19:50,557 - Never gets easier. 383 00:19:55,828 --> 00:19:59,699 Mr. and Mrs. Parker... 384 00:19:59,732 --> 00:20:02,235 I'm so sorry. 385 00:20:02,269 --> 00:20:05,305 - Thank you. 386 00:20:05,338 --> 00:20:07,474 [sobbing] 387 00:20:15,448 --> 00:20:16,849 - The M.E. confirm cause of death? 388 00:20:16,883 --> 00:20:18,585 - Saddle embolism to the lungs, 389 00:20:18,618 --> 00:20:20,953 direct result of the broken femur from the fall. 390 00:20:20,987 --> 00:20:22,522 No intervening cause. 391 00:20:22,555 --> 00:20:24,557 - What does that mean for these boys? 392 00:20:24,591 --> 00:20:26,426 - Well, Markus and Keon didn't push her. 393 00:20:26,459 --> 00:20:28,261 They didn't cause the death. 394 00:20:28,295 --> 00:20:30,297 - But Darius McCrae did. 395 00:20:30,330 --> 00:20:31,664 - Sergeant Benson, 396 00:20:31,698 --> 00:20:33,766 we need to talk about the Avery Parker murder. 397 00:20:33,800 --> 00:20:35,402 - Of course. 398 00:20:35,435 --> 00:20:37,270 Kenneth O'Dwyer, meet Pippa Cox. 399 00:20:37,304 --> 00:20:38,671 - It's nice to see you again, Ms. Cox. 400 00:20:38,705 --> 00:20:40,940 You'll want to be in on this meeting, too. 401 00:20:40,973 --> 00:20:43,610 The D.A.'s office is taking over the prosecution. 402 00:20:46,579 --> 00:20:48,281 - Hold up. 403 00:20:48,315 --> 00:20:49,949 Now, you know Darius McCrae's only 15 years old? 404 00:20:49,982 --> 00:20:52,385 - Yes, and if he's tried in family court, 405 00:20:52,419 --> 00:20:53,953 he'll be charged with juvenile delinquency 406 00:20:53,986 --> 00:20:56,289 and be back out on the street again when he's 18. 407 00:20:56,323 --> 00:20:58,425 - You're looking to charge him as an adult? 408 00:20:58,458 --> 00:20:59,726 - Second-degree manslaughter. 409 00:20:59,759 --> 00:21:01,728 - We can charge that in family court. 410 00:21:01,761 --> 00:21:04,397 - We can, but we won't, and I want to attach a hate crime. 411 00:21:06,599 --> 00:21:08,535 - Okay, wow. 412 00:21:08,568 --> 00:21:11,538 - There's an epidemic of attacks on trans persons. 413 00:21:11,571 --> 00:21:12,972 We have to take a stand. 414 00:21:13,005 --> 00:21:15,342 - Yes, but I don't think that this is that case. 415 00:21:15,375 --> 00:21:17,577 Darius seems like a good kid. 416 00:21:17,610 --> 00:21:20,380 - He went after Avery, he taunted her, 417 00:21:20,413 --> 00:21:21,814 and he pushed her off a bridge. 418 00:21:21,848 --> 00:21:24,617 - But you want to charge a 15-year-old as an adult? 419 00:21:24,651 --> 00:21:26,553 He could get 20 years. 420 00:21:26,586 --> 00:21:28,054 - It's more like seven, 421 00:21:28,087 --> 00:21:30,590 and while I appreciate your sympathy for Darius McCrae, 422 00:21:30,623 --> 00:21:34,494 we can't wait for a more overtly evil perp. 423 00:21:34,527 --> 00:21:37,564 We have to draw a line. 424 00:21:41,501 --> 00:21:43,970 - Darius and I, we feel horrible that Avery died, 425 00:21:44,003 --> 00:21:46,339 but that was because of something 426 00:21:46,373 --> 00:21:47,607 that went wrong at the hospital. 427 00:21:47,640 --> 00:21:49,442 - Well, the autopsy shows 428 00:21:49,476 --> 00:21:52,412 that it was a complication resulting from the fall. 429 00:21:52,445 --> 00:21:54,381 - So what does-- what does that mean? 430 00:21:54,414 --> 00:21:56,082 - They're charging him with manslaughter. 431 00:21:56,115 --> 00:21:58,017 He'll be tried as an adult. 432 00:22:04,391 --> 00:22:06,759 - My Darius? 433 00:22:06,793 --> 00:22:08,895 Mm, Mm-mm-mm. 434 00:22:08,928 --> 00:22:10,930 Mm-mm. 435 00:22:10,963 --> 00:22:13,566 He's--he's just a kid. 436 00:22:13,600 --> 00:22:16,569 - But the DA and the mayor want to send a message 437 00:22:16,603 --> 00:22:19,972 that hate crimes aren't acceptable in New York City. 438 00:22:20,006 --> 00:22:22,575 - Hate crimes? 439 00:22:22,609 --> 00:22:25,812 The only person Darius hates right now is himself. 440 00:22:25,845 --> 00:22:29,048 - I'm sorry. This is where we are. 441 00:22:30,450 --> 00:22:32,619 - You said Darius was in his room? 442 00:22:37,189 --> 00:22:39,626 - No, you got to take him right now? 443 00:22:39,659 --> 00:22:41,794 - Yeah, he's got to be arraigned. 444 00:22:41,828 --> 00:22:44,030 Can you call him, please? 445 00:22:46,466 --> 00:22:48,501 - [sobs] 446 00:22:57,744 --> 00:22:59,579 Darius? 447 00:23:00,780 --> 00:23:03,049 Darius, can you come here, please? 448 00:23:07,186 --> 00:23:08,988 - Detective Tutuola? 449 00:23:09,021 --> 00:23:11,591 - You have to come with us. 450 00:23:11,624 --> 00:23:13,726 - Darius. [cries] 451 00:23:34,614 --> 00:23:37,650 [sobs] 452 00:23:47,026 --> 00:23:48,861 - It's been wonderful to hear so many people 453 00:23:48,895 --> 00:23:52,732 talk about Avery's life today. 454 00:23:52,765 --> 00:23:56,836 You don't know me, but I feel like I know all of you. 455 00:23:56,869 --> 00:23:59,238 I was Avery's therapist, 456 00:23:59,271 --> 00:24:03,710 and she told me about the people who were important to her, 457 00:24:03,743 --> 00:24:07,514 like Melody and Rain, 458 00:24:07,547 --> 00:24:12,218 who embraced her the first day Avery wore a dress to school. 459 00:24:12,251 --> 00:24:14,687 Avery was inspired by the compassion 460 00:24:14,721 --> 00:24:20,593 of her classmates, her teachers, and even the police. 461 00:24:20,627 --> 00:24:24,030 This is Avery's legacy; 462 00:24:24,063 --> 00:24:28,568 tolerance, love, 463 00:24:28,601 --> 00:24:31,638 forgiveness. 464 00:24:34,040 --> 00:24:36,108 - Thank you. 465 00:24:36,142 --> 00:24:38,878 Thank you for coming. - Beautiful, beautiful ceremony. 466 00:24:38,911 --> 00:24:40,246 - Avery was loved. 467 00:24:40,279 --> 00:24:42,749 - I can see that. 468 00:24:42,782 --> 00:24:46,919 - We heard that Darius McCrae is gonna be charged as an adult. 469 00:24:46,953 --> 00:24:49,021 - I wish the DA had come to the service. 470 00:24:49,055 --> 00:24:50,923 Everything Avery believed was about forgiveness. 471 00:24:50,957 --> 00:24:53,059 - Well, the DA wants to make sure 472 00:24:53,092 --> 00:24:57,229 that what happened to Avery never happens again. 473 00:24:57,263 --> 00:25:00,867 - How? By locking up a 15-year-old? 474 00:25:00,900 --> 00:25:02,835 Tell the DA that's not what we want. 475 00:25:02,869 --> 00:25:04,170 - Lisa, please. 476 00:25:04,203 --> 00:25:06,072 - It's not what Avery would want. 477 00:25:08,775 --> 00:25:10,209 - Excuse me. - Of course. 478 00:25:19,218 --> 00:25:21,954 - Look, we feel the same way. 479 00:25:21,988 --> 00:25:23,623 All right, I'll call you back. That was Barba. 480 00:25:23,656 --> 00:25:24,991 He argued that the case should stay in family court, 481 00:25:25,024 --> 00:25:26,693 and that's when O'Dwyer stepped in. 482 00:25:26,726 --> 00:25:28,761 - O'Dwyer's no dummy. The new DA says jump, 483 00:25:28,795 --> 00:25:30,630 he laces up his sneakers. - Counselor. 484 00:25:30,663 --> 00:25:32,699 - Well, at least you're not bad-mouthing me behind my back. 485 00:25:32,732 --> 00:25:34,266 - Look, I'm sorry, Counselor. It's just, you know, 486 00:25:34,300 --> 00:25:36,636 Avery's mom wants this in family court. 487 00:25:36,669 --> 00:25:38,237 - I know. I got your messages. I spoke to her. 488 00:25:38,270 --> 00:25:40,272 - You just ignored her wishes? 489 00:25:40,306 --> 00:25:42,041 - She's suffered a terrible loss. 490 00:25:42,074 --> 00:25:44,310 I told her that she could speak at the sentencing hearing. 491 00:25:44,343 --> 00:25:46,145 - Sentencing hearing? 492 00:25:46,178 --> 00:25:47,980 Darius's lawyer is pleading guilty? 493 00:25:48,014 --> 00:25:50,082 - Not exactly. He's asked for a bench trial. 494 00:25:50,116 --> 00:25:51,751 - Bench trial? 495 00:25:51,784 --> 00:25:54,053 So he's using the Clarence Darrow strategy. 496 00:25:54,086 --> 00:25:56,756 Juries are more emotional than judges, so if you give a judge 497 00:25:56,789 --> 00:25:58,324 absolute power to declare someone guilty-- 498 00:25:58,357 --> 00:26:01,227 - They're less likely to impose a harsh sentence. 499 00:26:01,260 --> 00:26:03,162 - Yeah. 500 00:26:09,135 --> 00:26:10,737 - It was Darius's idea. 501 00:26:10,770 --> 00:26:12,004 - Yo, what's up with the skirt? 502 00:26:12,038 --> 00:26:13,740 - He saw Avery on that bridge. 503 00:26:13,773 --> 00:26:15,307 - He asked you a question. 504 00:26:15,341 --> 00:26:18,645 - He said we should see what's under that skirt. 505 00:26:22,649 --> 00:26:24,283 - Get away from me. - Let's see, tranny. 506 00:26:24,316 --> 00:26:25,284 - What's under there? 507 00:26:25,317 --> 00:26:29,055 - Darius called Avery a tranny? 508 00:26:29,088 --> 00:26:33,192 - Yeah, then he grabbed at his skirt. 509 00:26:33,225 --> 00:26:35,161 - And what was happening here? 510 00:26:35,194 --> 00:26:37,063 - I tossed the camera to Darius. 511 00:26:37,096 --> 00:26:38,998 He played keep-away. 512 00:26:39,031 --> 00:26:42,001 When Avery reached for it, he fell on Darius. 513 00:26:42,034 --> 00:26:43,302 - It's not funny. 514 00:26:43,335 --> 00:26:45,772 - And Darius, like, wigged out. 515 00:26:45,805 --> 00:26:48,274 He just pushed him off that bridge. 516 00:26:48,307 --> 00:26:50,176 - What happened next? 517 00:26:50,209 --> 00:26:51,744 - I took Avery's initial statement. 518 00:26:51,778 --> 00:26:54,380 She had a concussion and a broken femur. 519 00:26:54,413 --> 00:26:57,283 - How did Avery describe the attack? 520 00:26:57,316 --> 00:27:00,352 - Avery felt targeted, bullied. 521 00:27:00,386 --> 00:27:05,291 She was upset about the slurs used: tranny, slut, he-she. 522 00:27:05,324 --> 00:27:07,159 Later, after she ID'd Darius, 523 00:27:07,193 --> 00:27:10,062 she made it very clear to me that she was not "being cheeky." 524 00:27:10,096 --> 00:27:12,231 She'd done nothing to provoke them. 525 00:27:12,264 --> 00:27:14,266 - Avery died two days later. 526 00:27:14,300 --> 00:27:17,269 The M.E. has already testified that her death was 527 00:27:17,303 --> 00:27:19,405 a result of that assault. Do you agree? 528 00:27:19,438 --> 00:27:22,374 - Yes, there were no intervening factors. 529 00:27:22,408 --> 00:27:25,144 The saddle embolism that killed Avery was a direct result 530 00:27:25,177 --> 00:27:28,014 of the broken femur caused by the fall. 531 00:27:28,047 --> 00:27:30,683 - Thank you, Doctor. 532 00:27:30,717 --> 00:27:33,986 - Ms. Davis, you have been Darius's English teacher 533 00:27:34,020 --> 00:27:37,323 and advisor for the past two years. 534 00:27:37,356 --> 00:27:40,827 Has he ever had a problem with LGBTQ students? 535 00:27:40,860 --> 00:27:43,362 - No. Darius has a little sister, 536 00:27:43,395 --> 00:27:45,464 which may be why he was protective of younger students 537 00:27:45,497 --> 00:27:47,166 being bullied, 538 00:27:47,199 --> 00:27:50,870 including one instance, a student I believe to be gay. 539 00:27:50,903 --> 00:27:53,840 - And he himself has been affected by violence? 540 00:27:53,873 --> 00:27:58,778 - Yes, last Christmas Darius saw his older cousin get shot. 541 00:28:00,947 --> 00:28:02,448 It made an impact. 542 00:28:02,481 --> 00:28:04,016 His behavior changed. 543 00:28:04,050 --> 00:28:05,885 He began to study, really apply himself. 544 00:28:05,918 --> 00:28:07,954 He didn't want to become a statistic. 545 00:28:07,987 --> 00:28:09,956 He wanted to graduate, become a graphic artist. 546 00:28:09,989 --> 00:28:11,891 He's quite talented. 547 00:28:11,924 --> 00:28:14,794 - And the day after his encounter with Avery, 548 00:28:16,395 --> 00:28:19,165 how did he behave? - He was distraught. 549 00:28:19,198 --> 00:28:21,801 We were going to talk, but then the police came. 550 00:28:23,903 --> 00:28:27,173 I know the video looks bad, Your Honor, 551 00:28:27,206 --> 00:28:29,175 but Darius is not a bad kid. 552 00:28:29,208 --> 00:28:32,779 He has a good heart, and I know it's no excuse, 553 00:28:32,812 --> 00:28:35,314 but he's never been exposed to transgender people, 554 00:28:35,347 --> 00:28:39,351 and I think he just got...confused. 555 00:28:40,820 --> 00:28:42,321 - Thank you, Ms. Davis. 556 00:28:42,354 --> 00:28:44,390 Nothing further. 557 00:28:44,423 --> 00:28:46,192 - Mr. O'Dwyer? 558 00:28:46,225 --> 00:28:47,493 - No questions. 559 00:28:50,997 --> 00:28:53,032 - How are you two holding up? 560 00:28:53,065 --> 00:28:55,267 - We need to be here for Avery. 561 00:28:55,301 --> 00:28:58,037 We also feel Darius should be found guilty. 562 00:28:58,070 --> 00:29:00,239 - I'm just worried about what'll happen to him when he is. 563 00:29:00,272 --> 00:29:02,141 - Judge Barth keeps an open mind, so. 564 00:29:04,010 --> 00:29:06,045 - Olivia? 565 00:29:06,078 --> 00:29:07,980 - Dr. Lindstrom. 566 00:29:08,014 --> 00:29:09,381 - Let me walk you guys in, all right? 567 00:29:09,415 --> 00:29:10,850 - Thank you, great. 568 00:29:13,119 --> 00:29:14,854 - The victim's parents. 569 00:29:14,887 --> 00:29:16,923 - They may not like my testimony. 570 00:29:16,956 --> 00:29:18,791 - Well, despite their loss 571 00:29:18,825 --> 00:29:23,129 they've managed to find some compassion for Darius. 572 00:29:23,162 --> 00:29:26,165 - Grace is usually a better choice than bitterness. 573 00:29:32,004 --> 00:29:37,076 Darius McCrae is 15 years old, and, like most male teenagers, 574 00:29:37,109 --> 00:29:40,479 his impulse control is not quite evolved. 575 00:29:40,512 --> 00:29:42,214 The amygdala, that part of the brain 576 00:29:42,248 --> 00:29:45,184 which is responsible for impulsive behavior, 577 00:29:45,217 --> 00:29:46,385 is very active. 578 00:29:46,418 --> 00:29:47,920 - More so than reasoning and judgment? 579 00:29:47,954 --> 00:29:49,221 - Yes. 580 00:29:49,255 --> 00:29:51,190 That is controlled by the frontal lobe, 581 00:29:51,223 --> 00:29:54,593 which is still developing well into an average person's 20s. 582 00:29:54,626 --> 00:29:56,362 - What, in your medical opinion, 583 00:29:56,395 --> 00:29:59,498 happened to Darius when he encountered Avery Parker? 584 00:29:59,531 --> 00:30:02,835 - Avery was someone very different 585 00:30:02,869 --> 00:30:07,506 from the biological boys Darius knows, 586 00:30:07,539 --> 00:30:10,209 someone "other" in ways that were threatening to a boy 587 00:30:10,242 --> 00:30:13,445 just beginning to mature sexually and emotionally. 588 00:30:13,479 --> 00:30:16,582 - Do you think that Darius 589 00:30:16,615 --> 00:30:19,451 could have been motivated by hate that afternoon? 590 00:30:19,485 --> 00:30:21,187 - No, I think it had much more to do 591 00:30:21,220 --> 00:30:23,455 with Darius' own insecurity. 592 00:30:23,489 --> 00:30:27,459 He was flooded with fear and the need to show his peers 593 00:30:27,493 --> 00:30:29,461 that he was a straight-- 594 00:30:29,495 --> 00:30:31,931 a "real"--man. 595 00:30:31,964 --> 00:30:33,599 In conversations with Darius, it became clear 596 00:30:33,632 --> 00:30:37,136 that he had very little exposure to transgender individuals, 597 00:30:37,169 --> 00:30:40,539 certainly not enough to develop either tolerance or hatred. 598 00:30:40,572 --> 00:30:42,241 - Thank you, Doctor. Nothing further. 599 00:30:46,245 --> 00:30:47,646 - You testify that Mr. McCrae 600 00:30:47,679 --> 00:30:50,282 had little exposure to transgender persons, 601 00:30:50,316 --> 00:30:54,320 that he was flooded with fear when he saw Avery, 602 00:30:54,353 --> 00:30:56,355 yet he deliberately approached her. 603 00:30:56,388 --> 00:30:59,391 He called her a tranny, a slut. 604 00:30:59,425 --> 00:31:02,461 He even said, "Let's see what's under that skirt." 605 00:31:02,494 --> 00:31:05,231 - He was posturing for his friends, yes. 606 00:31:05,264 --> 00:31:07,066 - Was he? 607 00:31:07,099 --> 00:31:11,603 When he taunted Avery, when he harassed her, 608 00:31:11,637 --> 00:31:13,305 when he killed her, 609 00:31:13,339 --> 00:31:16,275 that was nothing but poor judgment, 610 00:31:16,308 --> 00:31:19,245 lack of impulse control typical of all teenagers? 611 00:31:19,278 --> 00:31:22,248 - Many teenagers when compared to adults, yes. 612 00:31:22,281 --> 00:31:25,417 That's why most violent crime is committed by youths 613 00:31:25,451 --> 00:31:26,986 under the age of 25, 614 00:31:27,019 --> 00:31:28,420 and it's certainly why a 15-year-old 615 00:31:28,454 --> 00:31:30,256 should not be tried as an adult. 616 00:31:30,289 --> 00:31:32,925 - So, what, give him a mulligan? 617 00:31:32,959 --> 00:31:34,160 Boys will be boys? 618 00:31:34,193 --> 00:31:36,495 Are you saying that when Mr. McCrae 619 00:31:36,528 --> 00:31:39,231 singled out a member of a protected class, 620 00:31:39,265 --> 00:31:42,401 taunting Avery because of her gender identity, 621 00:31:42,434 --> 00:31:44,170 he wasn't discriminating? 622 00:31:44,203 --> 00:31:46,005 - I don't believe so, no. 623 00:31:46,038 --> 00:31:48,640 - Then why didn't he push someone else off the bridge? 624 00:31:48,674 --> 00:31:53,045 - As I said, his insecurity caused him to react impulsively. 625 00:31:53,079 --> 00:31:56,415 - The same could be said of gay-bashing, skinhead violence, 626 00:31:56,448 --> 00:31:58,350 and even lynchings. - Objection, Your Honor. 627 00:31:58,384 --> 00:32:00,086 - Sustained, I'll disregard. 628 00:32:00,119 --> 00:32:03,255 Have you an actual question, Mr. O'Dwyer? 629 00:32:03,289 --> 00:32:05,124 - I guess my question is isn't that why 630 00:32:05,157 --> 00:32:08,127 we have hate crime laws in this state? 631 00:32:08,160 --> 00:32:09,495 - Those laws should be for adults. 632 00:32:09,528 --> 00:32:11,497 This case is exactly when we should remember 633 00:32:11,530 --> 00:32:15,067 that the mind of a child is still forming, 634 00:32:15,101 --> 00:32:16,969 and it is very different than the mind of an adult. 635 00:32:17,003 --> 00:32:18,337 - Well, I think we need to remember 636 00:32:18,370 --> 00:32:19,638 that there are hundreds 637 00:32:19,671 --> 00:32:22,074 of thousands of children in New York City, 638 00:32:22,108 --> 00:32:27,079 yet only Darius McCrae pushed another child off a bridge 639 00:32:27,113 --> 00:32:30,716 because, as you said, Avery was "other." 640 00:32:35,421 --> 00:32:38,390 - When I saw Avery fall off the bridge, 641 00:32:38,424 --> 00:32:40,659 I felt sick to my stomach. 642 00:32:40,692 --> 00:32:43,095 I feel sick all the time now. 643 00:32:43,129 --> 00:32:44,430 - Why is that? 644 00:32:46,165 --> 00:32:49,501 - 'Cause I know how it feels to lose someone 645 00:32:49,535 --> 00:32:51,137 you love, like your-- 646 00:32:51,170 --> 00:32:53,639 like your guts are being ripped out, 647 00:32:53,672 --> 00:32:59,045 and that's what I did to Avery's parents. 648 00:32:59,078 --> 00:33:04,116 I didn't want him-- her to die. 649 00:33:04,150 --> 00:33:06,618 I didn't hate Avery. 650 00:33:06,652 --> 00:33:09,688 I can never forgive myself. 651 00:33:12,558 --> 00:33:15,627 - Thank you, Darius. 652 00:33:15,661 --> 00:33:17,196 - Mr. O'Dwyer? 653 00:33:19,531 --> 00:33:22,268 - You say that you did not mean to push Avery off the bridge. 654 00:33:22,301 --> 00:33:25,271 Why were you on the bridge in the first place? 655 00:33:25,304 --> 00:33:27,139 - I just wanted to talk to Avery. 656 00:33:27,173 --> 00:33:29,575 - Talk or tease? 657 00:33:33,745 --> 00:33:36,582 - A little bit of both, I guess. 658 00:33:36,615 --> 00:33:38,317 - And that was a choice that you made? 659 00:33:41,387 --> 00:33:43,189 - Yes, sir. 660 00:33:43,222 --> 00:33:45,791 - When you approached Avery, did she ask to be left alone? 661 00:33:50,096 --> 00:33:51,330 - Yes, sir. 662 00:33:51,363 --> 00:33:53,699 - And yet you grabbed at her skirt. 663 00:33:53,732 --> 00:33:56,668 Was that a choice? - Yes, sir. 664 00:33:56,702 --> 00:33:59,438 - And when you wouldn't give Avery her camera back, 665 00:33:59,471 --> 00:34:02,241 was that a choice? - Yes, sir. 666 00:34:02,274 --> 00:34:03,709 - But pushing her was not a choice? 667 00:34:03,742 --> 00:34:08,180 - No, he just fell on me, and I just reacted. 668 00:34:10,282 --> 00:34:11,650 - Why did Avery fall? 669 00:34:11,683 --> 00:34:13,852 Is it because you made the choice to go after her, 670 00:34:13,885 --> 00:34:17,089 to tease her, to taunt her? 671 00:34:17,123 --> 00:34:19,158 Why would you do that? 672 00:34:27,466 --> 00:34:30,102 - I don't know. 673 00:34:30,136 --> 00:34:33,172 [whispering] I don't even know, sir. 674 00:34:38,510 --> 00:34:42,148 I'm so sorry. I'm so sorry. 675 00:34:47,553 --> 00:34:51,590 - We all are, Mr. McCrae. 676 00:34:51,623 --> 00:34:52,858 Nothing further. 677 00:35:02,601 --> 00:35:05,237 - I understand you have one last witness, Mr. Varma? 678 00:35:05,271 --> 00:35:07,239 - Yes, Your Honor, Mr. Eric Parker. 679 00:35:07,273 --> 00:35:09,208 - With all due respect to Mr. Parker, his testimony 680 00:35:09,241 --> 00:35:11,677 is clearly more appropriate for a victim impact statement. 681 00:35:11,710 --> 00:35:13,779 - Your Honor, he only approached me yesterday, 682 00:35:13,812 --> 00:35:16,148 and I do believe that Mr. Parker's testimony 683 00:35:16,182 --> 00:35:20,786 will influence your decision as to the hate crime charge itself. 684 00:35:20,819 --> 00:35:24,523 - All right, I'll allow it. 685 00:35:24,556 --> 00:35:26,558 - Will you explain to the court what that is, Mr. Parker? 686 00:35:28,260 --> 00:35:32,898 - An apology drawing from Darius to Avery. 687 00:35:34,400 --> 00:35:38,437 Avery saw this shortly before she died. 688 00:35:40,672 --> 00:35:41,907 It meant a lot. 689 00:35:44,443 --> 00:35:49,615 I know Avery felt forgiveness toward Darius. 690 00:35:49,648 --> 00:35:52,818 - Defense Exhibit D, Your Honor. 691 00:35:55,321 --> 00:35:56,822 - [exhales] 692 00:36:08,467 --> 00:36:10,602 Mr. Parker, 693 00:36:10,636 --> 00:36:15,474 you wish to testify on behalf of the defendant, 694 00:36:15,507 --> 00:36:17,509 the boy who has caused your family so much pain? 695 00:36:19,345 --> 00:36:21,913 - Yes. 696 00:36:21,947 --> 00:36:25,351 My wife and I want to make sure that Avery's death 697 00:36:25,384 --> 00:36:27,386 means something, 698 00:36:27,419 --> 00:36:30,456 that no transgender child should ever again 699 00:36:30,489 --> 00:36:34,226 be singled out or hurt, 700 00:36:34,260 --> 00:36:38,930 but we also want to make sure that the tragedy 701 00:36:38,964 --> 00:36:42,901 is not compounded by the tragedy 702 00:36:42,934 --> 00:36:46,738 of taking another child away from his family. 703 00:36:50,576 --> 00:36:52,944 - Thank you for your compassion. 704 00:36:58,684 --> 00:37:01,753 - Do I think Darius McCrae left home that morning 705 00:37:01,787 --> 00:37:03,922 with the intent to kill Avery Parker? 706 00:37:03,955 --> 00:37:07,393 No, but intent can be formed in an instant, 707 00:37:07,426 --> 00:37:12,464 and in that instant Mr. McCrae saw Avery as "other," 708 00:37:12,498 --> 00:37:16,368 someone he could taunt, tease, 709 00:37:16,402 --> 00:37:18,737 someone he could push off a bridge. 710 00:37:18,770 --> 00:37:21,607 - Darius knows that what he did was wrong. 711 00:37:21,640 --> 00:37:25,677 That's evidenced by his remorse and the apology letter he drew. 712 00:37:25,711 --> 00:37:29,281 Now, what happened on that bridge was tragic, 713 00:37:29,315 --> 00:37:32,751 but sending a 15-year-old boy to prison 714 00:37:32,784 --> 00:37:36,388 for an instant's loss of control will not bring Avery back. 715 00:37:36,422 --> 00:37:39,425 - We have heard that Mr. McCrae is a good kid, 716 00:37:39,458 --> 00:37:43,061 that his actions were not motivated by hatred, 717 00:37:43,094 --> 00:37:48,066 but one purpose of punishment is deterrence, to send a message 718 00:37:48,099 --> 00:37:52,904 that there are some actions not acceptable to society. 719 00:37:52,938 --> 00:37:56,942 - Avery's parents have asked this court for mercy. 720 00:37:56,975 --> 00:37:58,677 They believe the message 721 00:37:58,710 --> 00:38:02,348 that Avery would want to send is one of compassion. 722 00:38:02,381 --> 00:38:07,553 Is sending a 15-year-old boy to an adult prison 723 00:38:07,586 --> 00:38:10,556 really what's best for society? 724 00:38:10,589 --> 00:38:14,360 Are we living in the Dark Ages, an eye for an eye? 725 00:38:14,393 --> 00:38:16,428 This is two lives lost. 726 00:38:16,462 --> 00:38:18,697 - Transgender teens have a tough road. 727 00:38:18,730 --> 00:38:22,868 They're ostracized, bullied, driven to suicide. 728 00:38:22,901 --> 00:38:24,970 I don't normally go against the wishes 729 00:38:25,003 --> 00:38:28,374 of a victim's parents, 730 00:38:28,407 --> 00:38:31,343 but I never want to see another child die 731 00:38:31,377 --> 00:38:33,645 simply for being who they are. 732 00:38:36,482 --> 00:38:38,984 - Thank you, Counselors. 733 00:38:39,017 --> 00:38:40,752 I appreciate all of your arguments. 734 00:38:40,786 --> 00:38:42,087 We'll take a short recess. 735 00:38:44,856 --> 00:38:46,725 - [sighs] 736 00:38:52,898 --> 00:38:55,967 I thought it was real nice of Mr. Parker 737 00:38:56,001 --> 00:38:58,504 to say the things that he said. 738 00:38:58,537 --> 00:39:00,472 - Mm-hmm. 739 00:39:09,915 --> 00:39:12,017 - It's gonna be okay, isn't it? 740 00:39:12,050 --> 00:39:14,953 - I hope so, Ms. McCrae. 741 00:39:18,724 --> 00:39:20,726 - The judge is coming back in. 742 00:39:23,929 --> 00:39:25,831 - Okay. 743 00:39:30,902 --> 00:39:34,005 - Are we all settled? 744 00:39:34,039 --> 00:39:36,107 Will the defendant please rise? 745 00:39:41,713 --> 00:39:46,485 I was moved by what witnesses said about your character 746 00:39:46,518 --> 00:39:49,888 and capacity, Mr. McCrae. 747 00:39:49,921 --> 00:39:53,725 I was particularly moved by Mr. Parker's testimony. 748 00:39:55,961 --> 00:39:58,997 However... 749 00:39:59,030 --> 00:40:02,834 it is unrealistic to believe that violence 750 00:40:02,868 --> 00:40:05,003 against protected classes 751 00:40:05,043 --> 00:40:08,113 can be extinguished without appropriate punishment 752 00:40:08,139 --> 00:40:11,910 under the law. 753 00:40:11,943 --> 00:40:15,113 Darius McCrae, I find you guilty of manslaughter 754 00:40:15,146 --> 00:40:19,017 in the second degree with the hate crime statute attached. 755 00:40:19,050 --> 00:40:22,454 - No, that's my baby! 756 00:40:22,488 --> 00:40:24,456 - Order, order. [strikes gavel] 757 00:40:28,026 --> 00:40:29,628 Darius McCrae, 758 00:40:29,661 --> 00:40:33,064 you are hereby remanded to Brookwood Secure Center 759 00:40:33,098 --> 00:40:36,201 until your 18 birthday, at which time you will 760 00:40:36,234 --> 00:40:38,136 be transferred to Green Haven Correctional Facility 761 00:40:38,169 --> 00:40:40,438 to serve out the remainder of your seven-year term. 762 00:40:41,540 --> 00:40:42,741 Court is adjourned. 763 00:40:42,774 --> 00:40:44,075 [strikes gavel] 764 00:40:47,546 --> 00:40:50,516 - [cries] 765 00:40:50,549 --> 00:40:54,252 [sobs] 766 00:40:54,285 --> 00:40:56,087 [handcuffs click]