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male narrator: In the criminal
justice system,
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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.
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00:00:14,548 --> 00:00:16,217
These are their stories.
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00:00:18,119 --> 00:00:21,055
[upbeat music]
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00:00:21,089 --> 00:00:24,492
*
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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--
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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.
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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.
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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]
56107
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