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In the criminal justice system,

sexually-based offenses are
considered especially heinous.

In New York City
the dedicated detectives

who investigate
these vicious felonies

are members of an elite squad

known as
the Special Victims Unit.

These are their stories.

Morning.
Hey.

- Hey, honey.
- Is that smoothie for me?

It is now.

Love the heels,
but be careful in the park.

They'll catch in the grass.

Mom, I'll be fine.

Love you.

- Love you.
- Bye, Dad.

Where's Mom?

Left a note,
had to work a double.

Eee!

Okay, I'm hitting the park.

All right, cool.
Check you later.

Afternoon, Darius!

- This yours?
- Yeah.

Keep it out of English class,
but keep drawing.

You have talent.

- You have talent.
- Shut up.

_

That was nice.

All right, here's your money.

Here's your money.

I was about to give you
a little bit more than...

- There's more.
- No, that's it.

- What happened to the coins?
- Where's my money?

I didn't see you dancing,
little girl.

Yo, check out this dude
in the dress.

Nah, son.
That's a tore-up girl.

Only one way to find out.

Let's go home.
I'm hungry.

Hey, what's up with the skirt?

Excuse me.

He asked you a question.

You one of them he-shes?

Maybe you got a bra on
under there.

Let's see, tranny.

Nah, that can't be a girl, man.

- Nah, that's a dude.
- Get away from me.

What the hell?
Beat his ass.

- Come on, slut.
- Get away.

Yo, just record it,
just record it.

Darius,
we're gonna get in trouble.

You want it?

That's not funny.

Okay, white girl.

You're not getting that camera
back, uh-uh.

Just give it back.

Aw, she likes you, Darius.

They dancing now.

Get off me, you freak.

We got to go. We got to go.
Come on.

- Run.
- Come on.

Let's get out of here.

Run, man.

Come on.

Look. Down there.

Hey.
Is she conscious?

In and out,
and she's not a she.

Transgender?

Boy dressed as a girl,
that makes him...

her a special victim, right?

Yeah, good call.

So, what, 4:00 in the afternoon,

and these two are
the only witnesses?

Yeah, tourists, they stuck around,
said everyone else ran.

Everyone else?

Apparently three black kids
were teasing him...

her... pulling up the skirt.

Some others were egging them on,
recorded it.

Then the vic got pushed off
the bridge and everyone ran.

What high schools
are around here?

Private, Felix Adler Academy.
Public, Shirley Chisholm.

Three guesses
which kids went where.

- sync and corrections by Zac -
- www.MY-SUBS.com -

I was taking pictures on the
bridge when they surrounded me.

Avery, can you describe them?

Black, my age.

They were giving me the look.

What look is that?

The "freak needs to learn
a lesson" look.

I tried to go,
but they started saying stuff.

What were they saying?

Tranny.

He-she.
My personal fave.

I told them to leave me alone.

One grabbed my skirt,
another my camera.

I was pushed,
and I tripped on my heels.

Avery, can you remember
anything else about the boys,

anything they said
or that they did?

It was all a blur of shoving,

people laughing, taking video.

This isn't the first time,

and the local precinct
never follows up.

We will.

We take this very seriously.

I give you my word, Mr. Parker.

You got something?

Well, we were
checking social media,

lensing the area
where the crime occurred,

and these finally popped up.

"These"?

Three separate
cell phone videos so far.

They all begin after it started,
but you get the idea.

Let's see, slut.

- What's under there?
- Beat his ass.

Oh, he's slapping him around.

Darius, we're going
to get in trouble.

All these people watching.
Nobody helps.

- How long do they go on?
- To the fall.

- Aw, she likes you Darius.
- They dancing.

Just give it back.

Get off me, you freak.

Do we have any idea
who posted these?

Well, according to Facebook,
it's two sophomores

and one junior
from Shirley Chisholm.

That's it, guys,
let's go, full court.

_

I didn't do nothing.
I just took a video.

You watched a person
get assaulted

and thrown over a bridge.

I didn't touch that freak show,

and why is he wearing a skirt,
acting all... whatever.

Who were the guys
messing with Avery?

I don't know.

That's your job.

- Yo, they slapping him around.
- This is deeply disturbing.

Yes, it is,
and three different students

from your school
posted those videos.

Well, let me be clear.

This behavior is in no way
indicative of our community.

We strive for inclusion.

We understand.

Who are these kids?

All right, quiet.

Keon Williams
and Markus Green, come with me.

- Why?
- We didn't do nothing.

Now.

Why are you looking for Darius?

It's a police matter.
Where is he?

He was here
before school began,

very upset about something.

I told him
we could talk after lunch.

- He live nearby?
- He won't be there.

He hates the projects.

There is one place
he likes to go.

_

Darius McCrae?

Hey, NYPD.

Darius, get up.

Come on.
I didn't do anything.

Come on, Darius, stand up.
Let's make this easy.

Yes, sir.

So you're saying
it wasn't your fault?

That tranny started it,
all up in our face with,

you know, being weird.

That boy goes around
dressed like a girl?

You should be talking
to his parents, not my son.

Well, they're in the hospital,

and you're here,
so think about that.

Markus, did you beat up
on a girl?

He's not a girl, Grandma.

- He's one of them he-shes.
- Wow.

Acts like one, wears makeup.

- Why would anyone do that?
- That's not the issue.

The issue is your grandson
pushed a kid off a bridge.

You did what?

I didn't push him
off a bridge, Grandma.

I swear.

Then you better tell them
who did.

- I don't know.
- Markus, look at me.

I know that your grandmother
did not raise you to lie.

It was Darius.

He's a grade above me.

Have a seat.

Am I going to jail?

When your mom gets here
we need to talk,

but the best thing
to do is tell the truth.

You want a soda,
a sandwich or something?

My stomach's not feeling good.

- Darius?
- This way, ma'am.

I'm Sergeant Benson.
Ms. McCrae.

I'm Detective Tutuola.
This is Detective Rollins.

I'm sorry, Mom.

I didn't mean
to do anything bad.

What do they think you did?

A teenager was assaulted
in Fort Tryon Park

and is now in the hospital.

I didn't mean to hurt him.

Darius is a good kid.

He takes care
of his little sister.

He goes to... to church.

Okay, well, ma'am, we still
just need to talk to him, okay.

But he's only 15.

Which is why we waited for you.

We needed you to be here
while we read him his rights.

We were just talking to him.

I asked what was
up with the dress.

So Markus and Keon
were telling the truth?

It was your idea?

Yes, but we were all
messing with him,

tried to lift up the skirt.

Darius, why would you do that?

I didn't want my friends
to think I was gay.

So you were being tough
around your boys.

Is that why you pushed Avery?

No, he fell on me,
and I just pushed him away.

I didn't mean for him
to go over the bridge.

Then why'd you run?

Because it was
the worst thing I ever did.

I thought I killed someone.

This kid seems genuinely upset.

The other two,
they just think it's funny.

Yeah, well, the other two
didn't push Avery off a bridge.

I mean, she could have died.

Bright side,
all three confessed.

We got the video evidence.
We're done.

Look, the video is shaky.

The kids are underaged.

I just don't want anyone
claiming

that those confessions
were coerced.

Let's see if Avery
can come in and make an ID.

You got it.

Number four.

Number one.

Three.

You did great, Avery.

They look smaller in there,
scared.

Well, they should be, Avery.

They're in trouble.

Did they say why they
did this to me?

I'm not stupid.
I wasn't being cheeky.

It wasn't anything you did.

We need to get back
to the hospital.

Excuse me...

Are you the Parkers?
I'm Darius' mother.

Mrs. McCrae,
now may not be the best time.

Hold on.
I want to hear her out.

My son is really sorry
for hurting you.

Did he tell you
why he did this to me?

- Avery, let's go.
- Just wait a minute.

Ask him, please.

Okay, we need to leave, now.

Come on, this way, folks.

Wait, my son has to
spend the night here?

No, he's gonna
be able to go home.

The desk sergeant's gonna

give you a appearance ticket
for tomorrow in family court.

I have to work tomorrow.

I'm a home care attendant.

Well, you're gonna
have to call in sick.

You got to be there.

Those poor parents, right?

Yeah.

- You want one?
- Yeah, please.

Hey, Rollins...

let me ask you something.

What makes a boy
decide to be a girl?

I mean,
is it that he likes boys?

He just doesn't want to be gay?

Um...

There's a difference

between gender identity
and sexuality, Carisi.

Yeah, yeah.

You know, my parents,

they think this is
all about getting attention.

Uhhuh.

You were a 14-year-old boy once.

And would you or
any other boy you knew

put on a skirt

if it didn't come
from a really real place?

No, not a chance.

_

Good afternoon.

Which one of you
is Marcus Green?

- Come with me, please.
- Counselor, you want us inside?

If I need anything,
I'll let you know.

Keon Williams?

Excuse me, I'm missing work.

I'll let you know
when it's your turn, okay?

Keon?

It won't be long.

Thank you so much, Ms. Cox.

I promise you.
Keon has learned his lesson.

- The other boys got probation?
- That will be my recommendation.

It's their first offense,
and they were both very clear

that Darius was the one
who started this.

They were going at him, too.

But you were the one
who pushed Avery off the bridge.

I didn't mean to.
I just bugged out.

He was touching me.

You "bugged out."

Did it have anything to do
with Avery wearing a skirt?

I'm sorry,
my boy's not prejudiced.

I was just afraid.

How do you think Avery felt?

This is not fair.

The other boys get probation,

but she wants my Darius
to do three months in juvie?

That's what she wants.

A judge still has to rule.

She also told me
that if it goes to trial,

Darius could get a year.

I said I wanted
to talk to a lawyer,

but she said no one
was available today.

Well, that's your right.

They're gonna have to wait.

Talk to that lady about Darius.

Let her know he's...
he's no thug,

and he's had a lot to deal with.

I'll do what I can.

Darius, we have to pick up
your sister.

Detective Tutuola, can you
make sure Avery gets this?

I need him to know I'm sorry.

- What's that, drawings?
- It's an apology.

Well, and it's
an admission of guilt.

You know, if you were Avery,
would you want to hear anything

that Darius has
to say right now?

My son got the crap
kicked out of him

when he was a boy
just for being gay.

No one ever apologized to him.

Darius McCrae
wrote something for me?

He did.

He wanted to apologize.

You don't have to read it
if you don't want to.

No, I do.

"If I could get a do-over,
I wouldn't do it."

_

Did you tell him
I was into graphic novels?

No, we didn't know.

The boys took a plea.

Does that mean Avery
won't have to testify?

The third boy, Darius,
is speaking with a lawyer,

so we should know more tomorrow.

What Avery's gone through,
she's a tough kid.

You must be proud.

Yeah, we are.

Code blue.
Code blue.

That's Avery's room.

- Clear.
- Let's go.

My baby!

Please,
you have to wait outside.

- No!
- No.

- Avery?
- No, come on.

- Check the heart...
- No pulse.

Let's... go on,
just give them some room.

- Let's go again.
- Nothing.

Come on, Avery.
Stay with me, honey.

Stay with me.
Clear!

One minute Avery's fine and
then she's gone just like that?

- What happened?
- A fatty embolism.

Oh, no.
From the fractured leg, right?

Yes.

When the femur fractured,
fatty globules were released.

They traveled to the lungs.

Death is almost instantaneous.

So this embolism was
a direct result of Avery's fall?

No question.

Excuse me.

Oh, God.

What do we say to them?
I'm sorry?

Never gets easier.

Mr. and Mrs. Parker...

I'm so sorry.

Thank you.

The M.E. confirm
cause of death?

Saddle embolism to the lungs,

direct result of
the broken femur from the fall.

No intervening cause.

What does that mean
for these boys?

Well, Markus and Keon
didn't push her.

They didn't cause the death.

But Darius McCrae did.

Sergeant Benson,

we need to talk
about the Avery Parker murder.

Of course.

Kenneth O'Dwyer, meet Pippa Cox.

It's nice to see you again,
Ms. Cox.

You'll want to be
in on this meeting, too.

The D.A.'s office
is taking over the prosecution.

Hold up.

Now, you know Darius McCrae's
only 15 years old?

Yes, and if he's tried
in family court,

he'll be charged
with juvenile delinquency

and be back out on
the street again when he's 18.

You're looking
to charge him as an adult?

Second-degree manslaughter.

We can charge that
in family court.

We can, but we won't, and I
want to attach a hate crime.

Okay, wow.

There's an epidemic
of attacks on trans persons.

We have to take a stand.

Yes, but I don't think
that this is that case.

Darius seems like a good kid.

He went after Avery,
he taunted her,

and he pushed her off a bridge.

But you want to charge
a 15-year-old as an adult?

He could get 20 years.

It's more like seven,

and while I appreciate
your sympathy for Darius McCrae,

we can't wait for
a more overtly evil perp.

We have to draw a line.

Darius and I, we feel
horrible that Avery died,

but that was
because of something

that went wrong at the hospital.

Well, the autopsy shows

that it was a complication
resulting from the fall.

So what does...
what does that mean?

They're charging him
with manslaughter.

He'll be tried as an adult.

My Darius?

Mm,
Mm-mm-mm.

Mm-mm.

He's... he's just a kid.

But the DA and the mayor
want to send a message

that hate crimes aren't
acceptable in New York City.

Hate crimes?

The only person Darius
hates right now is himself.

I'm sorry.
This is where we are.

You said Darius
was in his room?

No, you got
to take him right now?

Yeah, he's got to be arraigned.

Can you call him, please?

Darius?

Darius, can you
come here, please?

- Detective Tutuola?
- You have to come with us.

Darius.

_

It's been wonderful
to hear so many people

talk about Avery's life today.

You don't know me, but I feel
like I know all of you.

I was Avery's therapist,

and she told me about the people
who were important to her,

like Melody and Rain,

who embraced her the first day
Avery wore a dress to school.

Avery was inspired
by the compassion

of her classmates,
her teachers,

and even the police.

This is Avery's legacy;

tolerance, love,

forgiveness.

Thank you.

- Thank you for coming.
- Beautiful, beautiful ceremony.

Avery was loved.

I can see that.

We heard that Darius McCrae
is gonna be charged as an adult.

I wish the DA
had come to the service.

Everything Avery believed
was about forgiveness.

Well, the DA wants to make sure

that what happened to Avery
never happens again.

How?
By locking up a 15-year-old?

Tell the DA
that's not what we want.

Lisa, please.

It's not what Avery would want.

- Excuse me.
- Of course.

Look, we feel the same way.

All right, I'll call you back.
That was Barba.

He argued that the case
should stay in family court,

and that's
when O'Dwyer stepped in.

O'Dwyer's no dummy.
The new DA says jump,

- he laces up his sneakers.
- Counselor.

Well, at least you're not
bad-mouthing me behind my back.

Look, I'm sorry, Counselor.
It's just, you know,

Avery's mom wants this
in family court.

I know. I got your messages.
I spoke to her.

You just ignored her wishes?

She's suffered a terrible loss.

I told her that she could speak
at the sentencing hearing.

Sentencing hearing?

Darius's lawyer
is pleading guilty?

Not exactly.
He's asked for a bench trial.

Bench trial?

So he's using
the Clarence Darrow strategy.

Juries are more emotional than
judges, so if you give a judge

absolute power
to declare someone guilty...

They're less likely
to impose a harsh sentence.

Yeah.

_

It was Darius's idea.

Yo, what's up with the skirt?

He saw Avery on that bridge.

He asked you a question.

He said we should see
what's under that skirt.

- Get away from me.
- Let's see, tranny.

What's under there?

Darius called Avery a tranny?

Yeah, then he
grabbed at his skirt.

And what was happening here?

I tossed the camera to Darius.

He played keep-away.

When Avery reached for it,
he fell on Darius.

It's not funny.

And Darius, like, wigged out.

He just pushed him
off that bridge.

What happened next?

I took Avery's
initial statement.

She had a concussion
and a broken femur.

How did Avery
describe the attack?

Avery felt targeted, bullied.

She was upset about the slurs
used: tranny, slut, he-she.

Later, after she ID'd Darius,

she made it very clear to me
that she was not "being cheeky."

She'd done nothing
to provoke them.

Avery died two days later.

The M.E. has already testified
that her death was

a result of that assault.
Do you agree?

Yes, there were
no intervening factors.

The saddle embolism that killed
Avery was a direct result

of the broken femur
caused by the fall.

Thank you, Doctor.

Ms. Davis, you have been
Darius's English teacher

and advisor
for the past two years.

Has he ever had a problem
with LGBTQ students?

No. Darius has
a little sister,

which may be why he was
protective of younger students

being bullied,

including one instance,
a student I believe to be gay.

And he himself has been
affected by violence?

Yes, last Christmas Darius
saw his older cousin get shot.

It made an impact.
His behavior changed.

He began to study,
really apply himself.

He didn't want
to become a statistic.

He wanted to graduate,
become a graphic artist.

He's quite talented.

And the day after
his encounter with Avery,

- how did he behave?
- He was distraught.

We were going to talk,
but then the police came.

I know the video
looks bad, Your Honor,

but Darius is not a bad kid.

He has a good heart,
and I know it's no excuse,

but he's never been
exposed to transgender people,

and I think he just got...
confused.

Thank you, Ms. Davis.

Nothing further.

Mr. O'Dwyer?

No questions.

How are you two holding up?

We need to be here for Avery.

We also feel Darius
should be found guilty.

I'm just worried about what'll
happen to him when he is.

Judge Barth
keeps an open mind, so.

Olivia?

Dr. Lindstrom.

Let me walk you guys in,
all right?

Thank you, great.

The victim's parents.

They may not like my testimony.

Well, despite their loss

they've managed to find
some compassion for Darius.

Grace is usually
a better choice than bitterness.

_

Darius McCrae
is 15 years old,

and, like most
male teenagers,

his impulse control
is not quite evolved.

The amygdala,
that part of the brain

which is responsible
for impulsive behavior,

is very active.

More so than reasoning
and judgment?

Yes.

That is controlled
by the frontal lobe,

which is still developing well
into an average person's 20s.

What, in your medical opinion,

happened to Darius when he
encountered Avery Parker?

Avery was someone
very different

from the biological boys
Darius knows,

someone "other" in ways
that were threatening to a boy

just beginning to mature
sexually and emotionally.

Do you think that Darius

could have been motivated
by hate that afternoon?

No, I think it had
much more to do

with Darius' own insecurity.

He was flooded with fear
and the need to show his peers

that he was a straight...

a "real"... man.

In conversations with Darius,
it became clear

that he had very little exposure
to transgender individuals,

certainly not enough to develop
either tolerance or hatred.

Thank you, Doctor.
Nothing further.

You testify that Mr. McCrae

had little exposure
to transgender persons,

that he was flooded with fear
when he saw Avery,

yet he deliberately
approached her.

He called her a tranny, a slut.

He even said, "Let's see
what's under that skirt."

He was posturing
for his friends, yes.

Was he?

When he taunted Avery,
when he harassed her,

when he killed her,

that was nothing
but poor judgment,

lack of impulse control
typical of all teenagers?

Many teenagers
when compared to adults, yes.

That's why most violent crime
is committed by youths

under the age of 25,

and it's certainly
why a 15-year-old

should not be tried as an adult.

So, what, give him a mulligan?

Boys will be boys?

Are you saying
that when Mr. McCrae

singled out a member
of a protected class,

taunting Avery
because of her gender identity,

he wasn't discriminating?

I don't believe so, no.

Then why didn't he push
someone else off the bridge?

As I said, his insecurity
caused him to react impulsively.

The same could be said of
gay-bashing, skinhead violence,

- and even lynchings.
- Objection, Your Honor.

Sustained, I'll disregard.

Have you an actual question,
Mr. O'Dwyer?

I guess my question is
isn't that why

we have hate crime laws
in this state?

Those laws
should be for adults.

This case is exactly
when we should remember

that the mind of
a child is still forming,

and it is very different
than the mind of an adult.

Well, I think we need
to remember

that there are hundreds

of thousands of children
in New York City,

yet only Darius McCrae pushed
another child off a bridge

because, as you said,
Avery was "other."

When I saw Avery
fall off the bridge,

I felt sick to my stomach.

I feel sick all the time now.

Why is that?

'Cause I know
how it feels to lose someone

you love, like your...

like your guts
are being ripped out,

and that's what
I did to Avery's parents.

I didn't want him...
her to die.

I didn't hate Avery.

I can never forgive myself.

Thank you, Darius.

Mr. O'Dwyer?

You say that you did not mean
to push Avery off the bridge.

Why were you on the bridge
in the first place?

I just wanted to talk to Avery.

Talk or tease?

A little bit of both, I guess.

And that was a choice
that you made?

Yes, sir.

When you approached Avery,
did she ask to be left alone?

Yes, sir.

And yet you
grabbed at her skirt.

- Was that a choice?
- Yes, sir.

And when you wouldn't give
Avery her camera back,

- was that a choice?
- Yes, sir.

But pushing her
was not a choice?

No, he just fell on me,
and I just reacted.

Why did Avery fall?

Is it because you made
the choice to go after her,

to tease her, to taunt her?

Why would you do that?

I don't know.

I don't even know, sir.

I'm so sorry.
I'm so sorry.

We all are, Mr. McCrae.

Nothing further.

I understand you have
one last witness, Mr. Varma?

Yes, Your Honor,
Mr. Eric Parker.

With all due respect
to Mr. Parker, his testimony

is clearly more appropriate
for a victim impact statement.

Your Honor, he only
approached me yesterday,

and I do believe
that Mr. Parker's testimony

will influence your decision as
to the hate crime charge itself.

All right, I'll allow it.

Will you explain to the court
what that is, Mr. Parker?

An apology drawing
from Darius to Avery.

Avery saw this shortly
before she died.

It meant a lot.

I know Avery felt forgiveness
toward Darius.

Defense Exhibit D, Your Honor.

Mr. Parker,

you wish to testify on behalf
of the defendant,

the boy who has caused
your family so much pain?

Yes.

My wife and I want to make sure
that Avery's death

means something,

that no transgender child
should ever again

be singled out or hurt,

but we also want
to make sure that the tragedy

is not compounded by the tragedy

of taking another child
away from his family.

Thank you for your compassion.

Do I think Darius McCrae
left home that morning

with the intent
to kill Avery Parker?

No, but intent
can be formed in an instant,

and in that instant Mr. McCrae
saw Avery as "other,"

someone he could taunt, tease,

someone
he could push off a bridge.

Darius knows that
what he did was wrong.

That's evidenced by his remorse
and the apology letter he drew.

Now, what happened
on that bridge was tragic,

but sending a 15-year-old boy
to prison

for an instant's loss of control
will not bring Avery back.

We have heard
that Mr. McCrae is a good kid,

that his actions
were not motivated by hatred,

but one purpose of punishment
is deterrence, to send a message

that there are some actions
not acceptable to society.

Avery's parents have asked
this court for mercy.

They believe the message

that Avery would want to send
is one of compassion.

Is sending a 15-year-old boy
to an adult prison

really what's best for society?

Are we living in the Dark Ages,
an eye for an eye?

This is two lives lost.

Transgender teens
have a tough road.

They're ostracized,
bullied, driven to suicide.

I don't normally
go against the wishes

of a victim's parents,

but I never want to see
another child die

simply for being who they are.

Thank you, Counselors.

I appreciate all
of your arguments.

We'll take a short recess.

I thought it was real nice
of Mr. Parker

to say the things that he said.

Mmhmm.

It's gonna be okay, isn't it?

I hope so, Ms. McCrae.

The judge is coming back in.

Okay.

Are we all settled?

Will the defendant please rise?

I was moved by what witnesses
said about your character

and capacity, Mr. McCrae.

I was particularly moved
by Mr. Parker's testimony.

However...

it is unrealistic
to believe that violence

against protected classes

can be extinguished
without appropriate punishment

under the law.

Darius McCrae, I find you
guilty of manslaughter

in the second degree with
the hate crime statute attached.

No, that's my baby!

Order, order.

Darius McCrae,

you are hereby remanded
to Brookwood Secure Center

until your 18 birthday,
at which time you will

be transferred to Green
Haven Correctional Facility

to serve out the remainder
of your seven-year term.

Court is adjourned.

- sync and corrections by Zac -
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