1 00:00:02,420 --> 00:00:05,620 Male narrator: In the criminal justice system, 2 00:00:05,620 --> 00:00:07,320 sexually-based offenses are considered especially heinous. 3 00:00:07,320 --> 00:00:08,650 In New York City the dedicated detectives 4 00:00:08,660 --> 00:00:10,660 who investigate these vicious felonies 5 00:00:10,660 --> 00:00:12,260 are members of an elite squad 6 00:00:12,260 --> 00:00:14,490 known as the Special Victims Unit. 7 00:00:14,500 --> 00:00:16,240 These are their stories. 8 00:00:18,070 --> 00:00:21,040 [upbeat music] 9 00:00:21,040 --> 00:00:24,470 ♪ 10 00:00:24,470 --> 00:00:28,600 - [sighs] 11 00:00:28,610 --> 00:00:30,370 [exhales] 12 00:00:47,500 --> 00:00:49,070 Morning. - Hey. 13 00:00:49,070 --> 00:00:50,840 - Hey, honey. - Is that smoothie for me? 14 00:00:50,840 --> 00:00:52,490 - It is now. 15 00:00:52,500 --> 00:00:54,130 - Love the heels, but be careful in the park. 16 00:00:54,140 --> 00:00:55,410 They'll catch in the grass. 17 00:00:55,410 --> 00:00:56,840 - Mom, I'll be fine. 18 00:00:56,840 --> 00:00:59,280 - [laughs] - Love you. 19 00:00:59,280 --> 00:01:01,510 - Love you. - Bye, Dad. 20 00:01:01,510 --> 00:01:02,770 - Where's Mom? 21 00:01:02,780 --> 00:01:04,680 - Left a note, had to work a double. 22 00:01:06,520 --> 00:01:07,780 - Eee! 23 00:01:07,780 --> 00:01:09,550 - [exhales] 24 00:01:10,790 --> 00:01:12,460 - Okay, I'm hitting the park. 25 00:01:12,460 --> 00:01:14,560 [giggling] 26 00:01:15,520 --> 00:01:17,320 - All right, cool. Check you later. 27 00:01:19,460 --> 00:01:21,220 - [laughs] 28 00:01:21,230 --> 00:01:23,760 - Afternoon, Darius! 29 00:01:23,770 --> 00:01:25,800 This yours? - Yeah. 30 00:01:25,800 --> 00:01:30,670 - Keep it out of English class, but keep drawing. 31 00:01:30,670 --> 00:01:32,170 You have talent. 32 00:01:34,380 --> 00:01:36,650 - You have talent. - Shut up. 33 00:01:38,650 --> 00:01:40,620 - [laughs] - That was nice. 34 00:01:40,620 --> 00:01:42,420 All right, here's your money. 35 00:01:42,420 --> 00:01:44,190 Here's your money. 36 00:01:44,190 --> 00:01:45,390 I was about to give you a little bit more than... 37 00:01:45,390 --> 00:01:47,325 - There's more. - No, that's it. 38 00:01:47,326 --> 00:01:49,720 What happened to the coins? - Where's my money? 39 00:01:49,730 --> 00:01:51,530 - I didn't see you dancing, little girl. 40 00:01:51,530 --> 00:01:54,230 - Yo, check out this dude in the dress. 41 00:01:56,770 --> 00:01:59,370 - Nah, son. That's a tore-up girl. 42 00:01:59,370 --> 00:02:02,510 - Only one way to find out. 43 00:02:02,510 --> 00:02:05,240 - Let's go home. I'm hungry. 44 00:02:05,240 --> 00:02:06,500 - Hey, what's up with the skirt? 45 00:02:06,510 --> 00:02:07,740 - Excuse me. 46 00:02:07,740 --> 00:02:10,340 - He asked you a question. 47 00:02:10,350 --> 00:02:11,680 - You one of them he-shes? 48 00:02:11,680 --> 00:02:14,140 - Maybe you got a bra on under there. 49 00:02:14,150 --> 00:02:15,580 - Let's see, tranny. 50 00:02:15,590 --> 00:02:17,220 - Nah, that can't be a girl, man. 51 00:02:17,220 --> 00:02:18,720 - Nah, that's a dude. - Get away from me. 52 00:02:18,720 --> 00:02:21,180 - What the hell? Beat his ass. 53 00:02:21,190 --> 00:02:22,750 - Come on, slut. - Get away. 54 00:02:22,760 --> 00:02:25,200 - Yo, just record it, just record it. 55 00:02:25,200 --> 00:02:27,700 - Darius, we're gonna get in trouble. 56 00:02:27,700 --> 00:02:29,170 - [laughs] You want it? 57 00:02:29,170 --> 00:02:31,600 - That's not funny. 58 00:02:31,600 --> 00:02:34,230 - Okay, white girl. - [laughs] 59 00:02:34,240 --> 00:02:36,410 You're not getting that camera back, uh-uh. 60 00:02:36,410 --> 00:02:38,180 - Just give it back. 61 00:02:38,180 --> 00:02:39,650 - Aw, she likes you, Darius. 62 00:02:39,650 --> 00:02:40,940 - They dancing now. 63 00:02:40,940 --> 00:02:43,170 - Get off me, you freak. 64 00:02:43,180 --> 00:02:44,250 [gasping] 65 00:02:44,250 --> 00:02:46,650 [thud] - [gasps] 66 00:02:57,830 --> 00:02:59,300 - We got to go. We got to go. Come on. 67 00:02:59,300 --> 00:03:02,230 - Run. - Come on. 68 00:03:02,230 --> 00:03:03,490 - Let's get out of here. 69 00:03:03,500 --> 00:03:05,370 - Run, man. 70 00:03:05,370 --> 00:03:07,310 - Come on. 71 00:03:09,240 --> 00:03:11,340 - Look. Down there. 72 00:03:14,710 --> 00:03:16,580 - Hey. Is she conscious? 73 00:03:16,580 --> 00:03:20,520 - In and out, and she's not a she. 74 00:03:20,520 --> 00:03:21,720 - Transgender? 75 00:03:21,720 --> 00:03:23,490 - Boy dressed as a girl, that makes him... 76 00:03:23,490 --> 00:03:25,320 Her a special victim, right? 77 00:03:25,320 --> 00:03:26,980 - Yeah, good call. 78 00:03:26,990 --> 00:03:28,530 So, what, 4:00 in the afternoon, 79 00:03:28,530 --> 00:03:30,360 and these two are the only witnesses? 80 00:03:30,360 --> 00:03:32,800 - Yeah, tourists, they stuck around, said everyone else ran. 81 00:03:32,800 --> 00:03:34,460 - Everyone else? 82 00:03:34,460 --> 00:03:36,790 - Apparently three black kids were teasing him... 83 00:03:36,800 --> 00:03:39,000 Her... pulling up the skirt. 84 00:03:39,000 --> 00:03:41,260 Some others were egging them on, recorded it. 85 00:03:41,270 --> 00:03:43,470 Then the vic got pushed off the bridge and everyone ran. 86 00:03:44,770 --> 00:03:46,540 - What high schools are around here? 87 00:03:46,540 --> 00:03:49,370 - Private, Felix Adler Academy. Public, Shirley Chisholm. 88 00:03:49,380 --> 00:03:51,020 - Three guesses which kids went where. 89 00:03:55,480 --> 00:03:58,480 [dramatic music] 90 00:03:58,490 --> 00:04:06,490 ♪ 91 00:04:43,070 --> 00:04:45,300 I was taking pictures on the bridge 92 00:04:45,300 --> 00:04:46,560 when they surrounded me. 93 00:04:46,570 --> 00:04:48,910 - Avery, can you describe them? 94 00:04:48,910 --> 00:04:52,380 - Black, my age. 95 00:04:52,380 --> 00:04:56,010 [inhales] They were giving me the look. 96 00:04:56,010 --> 00:04:57,470 - What look is that? 97 00:04:58,910 --> 00:05:03,380 - The "freak needs to learn a lesson" look. 98 00:05:07,790 --> 00:05:12,530 I tried to go, but they started saying stuff. 99 00:05:12,530 --> 00:05:14,030 - What were they saying? 100 00:05:15,900 --> 00:05:18,940 - Tranny. 101 00:05:18,940 --> 00:05:23,010 He-she. My personal fave. 102 00:05:26,780 --> 00:05:29,710 I told them to leave me alone. 103 00:05:29,710 --> 00:05:33,340 One grabbed my skirt, another my camera. 104 00:05:35,850 --> 00:05:39,480 I was pushed, and I tripped on my heels. 105 00:05:41,520 --> 00:05:45,590 - Avery, can you remember anything else about the boys, 106 00:05:45,600 --> 00:05:50,600 anything they said or that they did? 107 00:05:50,600 --> 00:05:53,800 - It was all a blur of shoving, 108 00:05:53,800 --> 00:05:58,470 people laughing, taking video. 109 00:05:59,680 --> 00:06:01,050 - This isn't the first time, 110 00:06:01,050 --> 00:06:04,070 and the local precinct never follows up. 111 00:06:04,080 --> 00:06:05,920 - We will. 112 00:06:05,920 --> 00:06:08,920 We take this very seriously. 113 00:06:08,920 --> 00:06:10,890 I give you my word, Mr. Parker. 114 00:06:14,520 --> 00:06:15,850 You got something? 115 00:06:15,860 --> 00:06:17,400 - Well, we were checking social media, 116 00:06:17,400 --> 00:06:19,490 lensing the area where the crime occurred, 117 00:06:19,500 --> 00:06:20,970 and these finally popped up. 118 00:06:20,970 --> 00:06:23,430 - "These"? 119 00:06:23,430 --> 00:06:25,930 - Three separate cell phone videos so far. 120 00:06:25,940 --> 00:06:29,670 They all begin after it started, but you get the idea. 121 00:06:29,670 --> 00:06:31,430 - Let's see, slut. 122 00:06:31,440 --> 00:06:33,670 What's under there? - Beat his ass. 123 00:06:33,680 --> 00:06:35,180 [smack] - Oh, he's slapping him around. 124 00:06:35,180 --> 00:06:36,750 - Darius, we're going to get in trouble. 125 00:06:36,750 --> 00:06:38,480 - All these people watching. Nobody helps. 126 00:06:38,480 --> 00:06:40,110 - How long do they go on? - To the fall. 127 00:06:40,120 --> 00:06:41,820 - You're not getting that camera back, uh-uh. 128 00:06:41,820 --> 00:06:43,890 - Aw, she likes you Darius. - They dancing. 129 00:06:43,890 --> 00:06:45,620 - Just give it back. 130 00:06:45,620 --> 00:06:49,520 - Get off me, you freak. [gasping] 131 00:06:49,530 --> 00:06:51,195 - Do we have any idea who posted these? 132 00:06:51,196 --> 00:06:53,890 - Well, according to Facebook, it's two sophomores 133 00:06:53,900 --> 00:06:56,770 and one junior from Shirley Chisholm. 134 00:06:56,770 --> 00:06:59,070 - That's it, guys, let's go, full court. 135 00:07:04,210 --> 00:07:06,110 - I didn't do nothing. I just took a video. 136 00:07:06,110 --> 00:07:07,580 - You watched a person get assaulted 137 00:07:07,580 --> 00:07:08,950 and thrown over a bridge. 138 00:07:08,950 --> 00:07:10,680 - I didn't touch that freak show, 139 00:07:10,680 --> 00:07:13,185 and why is he wearing a skirt, acting all... whatever. 140 00:07:13,186 --> 00:07:14,940 - Who were the guys messing with Avery? 141 00:07:14,950 --> 00:07:16,810 - I don't know. 142 00:07:16,820 --> 00:07:19,620 That's your job. 143 00:07:19,620 --> 00:07:21,950 - Yo, they slapping him around. - This is deeply disturbing. 144 00:07:21,960 --> 00:07:24,560 - Yes, it is, and three different students 145 00:07:24,560 --> 00:07:27,220 from your school posted those videos. 146 00:07:27,230 --> 00:07:29,030 - Well, let me be clear. 147 00:07:29,030 --> 00:07:32,760 This behavior is in no way indicative of our community. 148 00:07:32,770 --> 00:07:34,110 We strive for inclusion. 149 00:07:34,110 --> 00:07:36,800 - We understand. 150 00:07:36,810 --> 00:07:38,780 Who are these kids? 151 00:07:40,710 --> 00:07:45,050 [indistinct chatter] 152 00:07:45,050 --> 00:07:46,520 - All right, quiet. 153 00:07:47,850 --> 00:07:50,560 Keon Williams and Markus Green, come with me. 154 00:07:50,560 --> 00:07:52,980 - Why? - We didn't do nothing. 155 00:07:52,990 --> 00:07:54,560 - Now. 156 00:07:57,130 --> 00:07:58,700 - Why are you looking for Darius? 157 00:07:58,700 --> 00:08:01,830 - It's a police matter. Where is he? 158 00:08:01,830 --> 00:08:03,960 - He was here before school began, 159 00:08:03,970 --> 00:08:05,740 very upset about something. 160 00:08:05,740 --> 00:08:07,705 I told him we could talk after lunch. 161 00:08:07,706 --> 00:08:09,600 - He live nearby? - He won't be there. 162 00:08:09,610 --> 00:08:12,110 He hates the projects. 163 00:08:12,110 --> 00:08:14,610 There is one place he likes to go. 164 00:08:22,850 --> 00:08:24,850 - Darius McCrae? 165 00:08:24,850 --> 00:08:26,650 - Hey, NYPD. 166 00:08:26,660 --> 00:08:29,260 Darius, get up. 167 00:08:29,260 --> 00:08:31,295 - Come on. I didn't do anything. 168 00:08:31,296 --> 00:08:34,060 - Come on, Darius, stand up. Let's make this easy. 169 00:08:37,270 --> 00:08:39,200 - Yes, sir. 170 00:08:57,750 --> 00:08:59,650 - So you're saying it wasn't your fault? 171 00:08:59,660 --> 00:09:01,930 - That tranny started it, all up in our face with, 172 00:09:01,930 --> 00:09:04,230 you know, being weird. 173 00:09:04,230 --> 00:09:06,930 - That boy goes around dressed like a girl? 174 00:09:06,930 --> 00:09:10,100 You should be talking to his parents, not my son. 175 00:09:10,100 --> 00:09:12,170 - Well, they're in the hospital, 176 00:09:12,170 --> 00:09:15,870 and you're here, so think about that. 177 00:09:17,270 --> 00:09:21,340 - Markus, did you beat up on a girl? 178 00:09:21,340 --> 00:09:23,040 - He's not a girl, Grandma. 179 00:09:23,050 --> 00:09:25,150 He's one of them he-shes. - Wow. 180 00:09:25,150 --> 00:09:27,820 - Acts like one, wears makeup. 181 00:09:27,820 --> 00:09:29,120 - Why would anyone do that? 182 00:09:29,120 --> 00:09:31,190 - That's not the issue. 183 00:09:31,190 --> 00:09:35,830 The issue is your grandson pushed a kid off a bridge. 184 00:09:35,830 --> 00:09:37,260 - You did what? 185 00:09:37,260 --> 00:09:38,760 - I didn't push him off a bridge, Grandma. 186 00:09:38,760 --> 00:09:39,960 I swear. 187 00:09:39,960 --> 00:09:42,020 - Then you better tell them who did. 188 00:09:45,070 --> 00:09:48,300 - I don't know. - Markus, look at me. 189 00:09:48,300 --> 00:09:51,800 I know that your grandmother did not raise you to lie. 190 00:09:55,810 --> 00:09:57,810 - It was Darius. 191 00:09:57,810 --> 00:09:59,770 He's a grade above me. 192 00:10:06,920 --> 00:10:08,180 - Have a seat. 193 00:10:12,390 --> 00:10:13,890 - Am I going to jail? 194 00:10:13,900 --> 00:10:15,200 - When your mom gets here we need to talk, 195 00:10:15,200 --> 00:10:16,740 but the best thing to do is tell the truth. 196 00:10:16,730 --> 00:10:18,060 - You want a soda, a sandwich or something? 197 00:10:18,070 --> 00:10:20,400 - My stomach's not feeling good. 198 00:10:20,400 --> 00:10:23,400 - Darius? - This way, ma'am. 199 00:10:23,410 --> 00:10:26,080 I'm Sergeant Benson. - Ms. McCrae. 200 00:10:26,080 --> 00:10:29,010 I'm Detective Tutuola. This is Detective Rollins. 201 00:10:29,010 --> 00:10:30,310 - I'm sorry, Mom. 202 00:10:30,310 --> 00:10:32,810 I didn't mean to do anything bad. 203 00:10:32,820 --> 00:10:34,685 - What do they think you did? 204 00:10:34,686 --> 00:10:37,050 - A teenager was assaulted in Fort Tryon Park 205 00:10:37,050 --> 00:10:39,780 and is now in the hospital. 206 00:10:39,790 --> 00:10:42,830 - I didn't mean to hurt him. 207 00:10:42,830 --> 00:10:44,095 - Darius is a good kid. 208 00:10:44,096 --> 00:10:45,850 He takes care of his little sister. 209 00:10:45,860 --> 00:10:47,860 He goes to... to church. 210 00:10:47,860 --> 00:10:50,830 - Okay, well, ma'am, we still just need to talk to him, okay. 211 00:10:50,830 --> 00:10:52,130 - But he's only 15. 212 00:10:52,140 --> 00:10:53,870 - Which is why we waited for you. 213 00:10:53,870 --> 00:10:56,940 We needed you to be here while we read him his rights. 214 00:10:56,940 --> 00:11:03,010 . 215 00:11:04,710 --> 00:11:06,680 - We were just talking to him. 216 00:11:06,680 --> 00:11:08,710 I asked what was up with the dress. 217 00:11:08,720 --> 00:11:10,760 - So Markus and Keon were telling the truth? 218 00:11:10,760 --> 00:11:12,410 It was your idea? 219 00:11:12,420 --> 00:11:16,920 - Yes, but we were all messing with him, 220 00:11:16,930 --> 00:11:19,430 tried to lift up the skirt. 221 00:11:19,430 --> 00:11:23,070 - Darius, why would you do that? 222 00:11:23,070 --> 00:11:24,970 - I didn't want my friends to think I was gay. 223 00:11:24,970 --> 00:11:26,240 - So you were being tough around your boys. 224 00:11:26,240 --> 00:11:27,940 Is that why you pushed Avery? 225 00:11:27,940 --> 00:11:31,340 - No, he fell on me, and I just pushed him away. 226 00:11:31,340 --> 00:11:33,380 I didn't mean for him to go over the bridge. 227 00:11:33,380 --> 00:11:35,450 - Then why'd you run? 228 00:11:35,450 --> 00:11:38,450 - Because it was the worst thing I ever did. 229 00:11:38,450 --> 00:11:41,850 I thought I killed someone. 230 00:11:41,850 --> 00:11:43,880 - This kid seems genuinely upset. 231 00:11:43,890 --> 00:11:45,860 The other two, they just think it's funny. 232 00:11:45,860 --> 00:11:47,830 - Yeah, well, the other two didn't push Avery off a bridge. 233 00:11:47,830 --> 00:11:49,220 I mean, she could have died. 234 00:11:49,230 --> 00:11:50,790 - Bright side, all three confessed. 235 00:11:50,790 --> 00:11:52,050 We got the video evidence. We're done. 236 00:11:52,060 --> 00:11:53,890 - Look, the video is shaky. 237 00:11:53,900 --> 00:11:55,160 The kids are underaged. 238 00:11:55,160 --> 00:11:56,420 I just don't want anyone claiming 239 00:11:56,430 --> 00:11:59,830 that those confessions were coerced. 240 00:11:59,840 --> 00:12:02,770 Let's see if Avery can come in and make an ID. 241 00:12:02,770 --> 00:12:04,130 - You got it. 242 00:12:11,180 --> 00:12:12,750 [sighs] 243 00:12:19,150 --> 00:12:23,280 - Number four. 244 00:12:23,290 --> 00:12:27,920 Number one. 245 00:12:27,930 --> 00:12:29,200 Three. 246 00:12:29,200 --> 00:12:33,170 - You did great, Avery. 247 00:12:33,170 --> 00:12:36,440 - They look smaller in there, scared. 248 00:12:36,440 --> 00:12:38,280 - Well, they should be, Avery. 249 00:12:38,280 --> 00:12:39,900 They're in trouble. 250 00:12:39,910 --> 00:12:42,045 - Did they say why they did this to me? 251 00:12:42,046 --> 00:12:44,440 I'm not stupid. I wasn't being cheeky. 252 00:12:44,450 --> 00:12:46,050 - It wasn't anything you did. 253 00:12:46,050 --> 00:12:47,190 We need to get back to the hospital. 254 00:12:47,190 --> 00:12:50,910 - Excuse me... 255 00:12:50,920 --> 00:12:52,560 Are you the Parkers? I'm Darius' mother. 256 00:12:52,560 --> 00:12:54,890 - Mrs. McCrae, now may not be the best time. 257 00:12:54,890 --> 00:12:56,990 - Hold on. I want to hear her out. 258 00:12:59,290 --> 00:13:03,020 - My son is really sorry for hurting you. 259 00:13:03,030 --> 00:13:04,790 - Did he tell you why he did this to me? 260 00:13:04,800 --> 00:13:07,900 - Avery, let's go. - Just wait a minute. 261 00:13:07,900 --> 00:13:09,330 Ask him, please. 262 00:13:09,340 --> 00:13:11,140 - Okay, we need to leave, now. 263 00:13:11,140 --> 00:13:13,140 - Come on, this way, folks. 264 00:13:18,880 --> 00:13:20,490 - Wait, my son has to spend the night here? 265 00:13:20,490 --> 00:13:22,310 - No, he's gonna be able to go home. 266 00:13:22,320 --> 00:13:24,450 The desk sergeant's gonna 267 00:13:24,450 --> 00:13:28,180 give you a appearance ticket for tomorrow in family court. 268 00:13:28,190 --> 00:13:29,450 - I have to work tomorrow. 269 00:13:29,460 --> 00:13:31,095 I'm a home care attendant. 270 00:13:31,096 --> 00:13:33,050 - Well, you're gonna have to call in sick. 271 00:13:33,060 --> 00:13:34,290 You got to be there. 272 00:13:34,300 --> 00:13:35,830 - [exhales] 273 00:13:40,970 --> 00:13:42,940 - Those poor parents, right? 274 00:13:42,940 --> 00:13:44,140 - Yeah. 275 00:13:44,140 --> 00:13:48,140 You want one? - Yeah, please. 276 00:13:48,140 --> 00:13:49,840 Hey, Rollins... 277 00:13:49,850 --> 00:13:52,080 let me ask you something. 278 00:13:52,080 --> 00:13:55,210 What makes a boy decide to be a girl? 279 00:13:55,220 --> 00:13:57,520 I mean, is it that he likes boys? 280 00:13:57,520 --> 00:13:59,020 He just doesn't want to be gay? 281 00:13:59,020 --> 00:14:00,980 - Um... 282 00:14:02,320 --> 00:14:03,920 There's a difference 283 00:14:03,930 --> 00:14:06,530 between gender identity and sexuality, Carisi. 284 00:14:06,530 --> 00:14:09,130 - Yeah, yeah. 285 00:14:09,130 --> 00:14:10,990 You know, my parents, 286 00:14:11,000 --> 00:14:13,040 they think this is all about getting attention. 287 00:14:13,040 --> 00:14:14,900 - Uh-huh. 288 00:14:14,900 --> 00:14:18,500 You were a 14-year-old boy once. [laughs] 289 00:14:18,510 --> 00:14:22,510 And would you or any other boy you knew 290 00:14:22,510 --> 00:14:24,510 put on a skirt 291 00:14:24,510 --> 00:14:27,010 if it didn't come from a really real place? 292 00:14:27,020 --> 00:14:31,890 - [scoffs] No, not a chance. 293 00:14:37,030 --> 00:14:38,530 - Good afternoon. 294 00:14:38,530 --> 00:14:40,300 Which one of you is Marcus Green? 295 00:14:43,030 --> 00:14:45,260 Come with me, please. - Counselor, you want us inside? 296 00:14:45,270 --> 00:14:46,830 - If I need anything, I'll let you know. 297 00:14:57,380 --> 00:14:59,250 Keon Williams? 298 00:15:02,450 --> 00:15:05,190 - Excuse me, I'm missing work. 299 00:15:05,190 --> 00:15:07,930 - I'll let you know when it's your turn, okay? 300 00:15:07,930 --> 00:15:09,520 Keon? 301 00:15:18,930 --> 00:15:20,560 - It won't be long. 302 00:15:27,940 --> 00:15:30,000 - Thank you so much, Ms. Cox. 303 00:15:30,010 --> 00:15:32,340 I promise you. Keon has learned his lesson. 304 00:15:45,490 --> 00:15:46,720 - The other boys got probation? 305 00:15:46,730 --> 00:15:48,665 - That will be my recommendation. 306 00:15:48,666 --> 00:15:51,060 It's their first offense, and they were both very clear 307 00:15:51,070 --> 00:15:53,340 that Darius was the one who started this. 308 00:15:53,340 --> 00:15:55,000 - They were going at him, too. 309 00:15:55,000 --> 00:15:57,100 - But you were the one who pushed Avery off the bridge. 310 00:15:57,110 --> 00:16:00,210 - I didn't mean to. I just bugged out. 311 00:16:00,210 --> 00:16:01,450 He was touching me. 312 00:16:01,450 --> 00:16:03,600 - You "bugged out." 313 00:16:03,610 --> 00:16:07,540 Did it have anything to do with Avery wearing a skirt? 314 00:16:07,550 --> 00:16:09,620 - I'm sorry, my boy's not prejudiced. 315 00:16:09,620 --> 00:16:13,360 - I was just afraid. 316 00:16:13,360 --> 00:16:15,360 - How do you think Avery felt? 317 00:16:18,590 --> 00:16:20,560 - This is not fair. 318 00:16:20,560 --> 00:16:22,220 The other boys get probation, 319 00:16:22,230 --> 00:16:25,430 but she wants my Darius to do three months in juvie? 320 00:16:25,430 --> 00:16:27,000 - That's what she wants. 321 00:16:27,000 --> 00:16:28,730 A judge still has to rule. 322 00:16:28,740 --> 00:16:31,140 - She also told me that if it goes to trial, 323 00:16:31,140 --> 00:16:33,180 Darius could get a year. 324 00:16:33,180 --> 00:16:34,650 I said I wanted to talk to a lawyer, 325 00:16:34,650 --> 00:16:37,270 but she said no one was available today. 326 00:16:37,280 --> 00:16:39,280 - Well, that's your right. 327 00:16:39,280 --> 00:16:41,640 They're gonna have to wait. 328 00:16:41,650 --> 00:16:44,550 - Talk to that lady about Darius. 329 00:16:44,550 --> 00:16:47,350 Let her know he's... He's no thug, 330 00:16:47,360 --> 00:16:49,060 and he's had a lot to deal with. 331 00:16:49,060 --> 00:16:50,430 - I'll do what I can. 332 00:16:53,560 --> 00:16:57,160 - Darius, we have to pick up your sister. 333 00:16:57,170 --> 00:17:03,170 - Detective Tutuola, can you make sure Avery gets this? 334 00:17:03,170 --> 00:17:04,470 I need him to know I'm sorry. 335 00:17:08,340 --> 00:17:11,210 - What's that, drawings? - It's an apology. 336 00:17:11,210 --> 00:17:14,210 - Well, and it's an admission of guilt. 337 00:17:14,220 --> 00:17:16,050 You know, if you were Avery, would you want to hear anything 338 00:17:16,050 --> 00:17:17,610 that Darius has to say right now? 339 00:17:17,620 --> 00:17:19,760 - My son got the crap kicked out of him 340 00:17:19,760 --> 00:17:22,630 when he was a boy just for being gay. 341 00:17:22,630 --> 00:17:25,200 No one ever apologized to him. 342 00:17:29,500 --> 00:17:31,640 - Darius McCrae wrote something for me? 343 00:17:31,640 --> 00:17:33,730 - He did. 344 00:17:33,740 --> 00:17:36,370 He wanted to apologize. 345 00:17:36,370 --> 00:17:38,630 - You don't have to read it if you don't want to. 346 00:17:38,640 --> 00:17:41,300 - No, I do. 347 00:17:43,650 --> 00:17:45,580 [inhales] 348 00:17:51,750 --> 00:17:56,280 "If I could get a do-over, I wouldn't do it." 349 00:18:15,410 --> 00:18:17,780 Did you tell him I was into graphic novels? 350 00:18:17,780 --> 00:18:20,650 - No, we didn't know. 351 00:18:26,750 --> 00:18:28,380 - The boys took a plea. 352 00:18:28,390 --> 00:18:30,460 Does that mean Avery won't have to testify? 353 00:18:30,460 --> 00:18:33,360 - The third boy, Darius, is speaking with a lawyer, 354 00:18:33,360 --> 00:18:35,160 so we should know more tomorrow. 355 00:18:35,160 --> 00:18:39,730 - What Avery's gone through, she's a tough kid. 356 00:18:39,740 --> 00:18:41,500 You must be proud. 357 00:18:41,500 --> 00:18:43,870 - Yeah, we are. 358 00:18:43,870 --> 00:18:47,140 - Code blue. Code blue. 359 00:18:52,250 --> 00:18:54,220 - That's Avery's room. 360 00:18:57,850 --> 00:18:59,510 - Clear. - Let's go. 361 00:18:59,520 --> 00:19:00,780 - My baby! 362 00:19:00,790 --> 00:19:02,190 - Please, you have to wait outside. 363 00:19:02,190 --> 00:19:03,250 - No! - No. 364 00:19:03,260 --> 00:19:04,460 - Avery? - No, come on. 365 00:19:04,460 --> 00:19:05,830 - Check the heart... - No pulse. 366 00:19:05,830 --> 00:19:07,700 - Let's... go on, just give them some room. 367 00:19:07,700 --> 00:19:10,370 - Let's go again. - Nothing. 368 00:19:10,370 --> 00:19:11,640 - Come on, Avery. Stay with me, honey. 369 00:19:11,640 --> 00:19:13,490 Stay with me. Clear! 370 00:19:13,500 --> 00:19:15,160 - [sobs] 371 00:19:19,770 --> 00:19:22,770 - One minute Avery's fine and then she's gone just like that? 372 00:19:22,780 --> 00:19:24,515 - What happened? - A fatty embolism. 373 00:19:24,516 --> 00:19:26,910 - Oh, no. From the fractured leg, right? 374 00:19:26,920 --> 00:19:28,750 - Yes. 375 00:19:28,750 --> 00:19:32,250 When the femur fractured, fatty globules were released. 376 00:19:32,250 --> 00:19:33,680 They traveled to the lungs. 377 00:19:33,690 --> 00:19:35,530 Death is almost instantaneous. 378 00:19:35,530 --> 00:19:39,790 - So this embolism was a direct result of Avery's fall? 379 00:19:39,800 --> 00:19:42,230 - No question. 380 00:19:42,230 --> 00:19:44,790 - [sighs] - Excuse me. 381 00:19:44,800 --> 00:19:46,640 - [sighs] Oh, God. 382 00:19:46,640 --> 00:19:48,770 What do we say to them? I'm sorry? 383 00:19:48,770 --> 00:19:50,570 - Never gets easier. 384 00:19:55,780 --> 00:19:59,680 Mr. and Mrs. Parker... 385 00:19:59,680 --> 00:20:02,210 I'm so sorry. 386 00:20:02,220 --> 00:20:05,290 - Thank you. 387 00:20:05,290 --> 00:20:07,490 [sobbing] 388 00:20:15,400 --> 00:20:16,830 - The M.E. confirm cause of death? 389 00:20:16,830 --> 00:20:18,560 - Saddle embolism to the lungs, 390 00:20:18,570 --> 00:20:20,940 direct result of the broken femur from the fall. 391 00:20:20,940 --> 00:20:22,500 No intervening cause. 392 00:20:22,500 --> 00:20:24,530 - What does that mean for these boys? 393 00:20:24,540 --> 00:20:26,410 - Well, Markus and Keon didn't push her. 394 00:20:26,410 --> 00:20:28,250 They didn't cause the death. 395 00:20:28,250 --> 00:20:30,270 - But Darius McCrae did. 396 00:20:30,280 --> 00:20:31,650 - Sergeant Benson, 397 00:20:31,650 --> 00:20:33,750 we need to talk about the Avery Parker murder. 398 00:20:33,750 --> 00:20:35,380 - Of course. 399 00:20:35,380 --> 00:20:37,250 Kenneth O'Dwyer, meet Pippa Cox. 400 00:20:37,250 --> 00:20:38,650 - It's nice to see you again, Ms. Cox. 401 00:20:38,650 --> 00:20:40,920 You'll want to be in on this meeting, too. 402 00:20:40,920 --> 00:20:43,620 The D.A.'s office is taking over the prosecution. 403 00:20:46,530 --> 00:20:48,260 - Hold up. 404 00:20:48,260 --> 00:20:49,920 Now, you know Darius McCrae's only 15 years old? 405 00:20:49,930 --> 00:20:52,360 - Yes, and if he's tried in family court, 406 00:20:52,370 --> 00:20:53,940 he'll be charged with juvenile delinquency 407 00:20:53,940 --> 00:20:56,270 and be back out on the street again when he's 18. 408 00:20:56,270 --> 00:20:58,400 - You're looking to charge him as an adult? 409 00:20:58,410 --> 00:20:59,710 - Second-degree manslaughter. 410 00:20:59,710 --> 00:21:01,710 - We can charge that in family court. 411 00:21:01,710 --> 00:21:04,420 - We can, but we won't, and I want to attach a hate crime. 412 00:21:06,550 --> 00:21:08,520 - Okay, wow. 413 00:21:08,520 --> 00:21:11,520 - There's an epidemic of attacks on trans persons. 414 00:21:11,520 --> 00:21:12,960 We have to take a stand. 415 00:21:12,960 --> 00:21:15,330 - Yes, but I don't think that this is that case. 416 00:21:15,330 --> 00:21:17,550 Darius seems like a good kid. 417 00:21:17,560 --> 00:21:20,360 - He went after Avery, he taunted her, 418 00:21:20,360 --> 00:21:21,790 and he pushed her off a bridge. 419 00:21:21,800 --> 00:21:24,600 - But you want to charge a 15-year-old as an adult? 420 00:21:24,600 --> 00:21:26,540 He could get 20 years. 421 00:21:26,540 --> 00:21:28,040 - It's more like seven, 422 00:21:28,040 --> 00:21:30,570 and while I appreciate your sympathy for Darius McCrae, 423 00:21:30,570 --> 00:21:34,470 we can't wait for a more overtly evil perp. 424 00:21:34,480 --> 00:21:37,580 We have to draw a line. 425 00:21:41,450 --> 00:21:43,950 - Darius and I, we feel horrible that Avery died, 426 00:21:43,950 --> 00:21:46,310 but that was because of something 427 00:21:46,320 --> 00:21:47,580 that went wrong at the hospital. 428 00:21:47,590 --> 00:21:49,430 - Well, the autopsy shows 429 00:21:49,430 --> 00:21:52,395 that it was a complication resulting from the fall. 430 00:21:52,396 --> 00:21:54,360 - So what does... What does that mean? 431 00:21:54,360 --> 00:21:56,060 - They're charging him with manslaughter. 432 00:21:56,070 --> 00:21:58,040 He'll be tried as an adult. 433 00:22:04,340 --> 00:22:06,740 - My Darius? 434 00:22:06,740 --> 00:22:08,870 Mm, Mm-mm-mm. 435 00:22:08,880 --> 00:22:10,910 Mm-mm. 436 00:22:10,910 --> 00:22:13,540 He's... he's just a kid. 437 00:22:13,550 --> 00:22:16,550 - But the DA and the mayor want to send a message 438 00:22:16,550 --> 00:22:19,950 that hate crimes aren't acceptable in New York City. 439 00:22:19,960 --> 00:22:22,560 - Hate crimes? 440 00:22:22,560 --> 00:22:25,800 The only person Darius hates right now is himself. 441 00:22:25,800 --> 00:22:29,060 - I'm sorry. This is where we are. 442 00:22:30,400 --> 00:22:32,640 - You said Darius was in his room? 443 00:22:37,140 --> 00:22:39,610 - No, you got to take him right now? 444 00:22:39,610 --> 00:22:41,780 - Yeah, he's got to be arraigned. 445 00:22:41,780 --> 00:22:44,050 Can you call him, please? 446 00:22:46,410 --> 00:22:48,510 - [sobs] 447 00:22:57,690 --> 00:22:59,590 Darius? 448 00:23:00,730 --> 00:23:03,070 Darius, can you come here, please? 449 00:23:07,140 --> 00:23:08,970 - Detective Tutuola? 450 00:23:08,970 --> 00:23:11,570 - You have to come with us. 451 00:23:11,570 --> 00:23:13,730 - Darius. [cries] 452 00:23:34,560 --> 00:23:37,660 [sobs] 453 00:23:46,970 --> 00:23:48,840 - It's been wonderful to hear so many people 454 00:23:48,840 --> 00:23:52,710 talk about Avery's life today. 455 00:23:52,710 --> 00:23:56,810 You don't know me, but I feel like I know all of you. 456 00:23:56,820 --> 00:23:59,220 I was Avery's therapist, 457 00:23:59,220 --> 00:24:03,680 and she told me about the people who were important to her, 458 00:24:03,690 --> 00:24:07,490 like Melody and Rain, 459 00:24:07,500 --> 00:24:12,200 who embraced her the first day Avery wore a dress to school. 460 00:24:12,200 --> 00:24:14,660 Avery was inspired by the compassion 461 00:24:14,670 --> 00:24:20,580 of her classmates, her teachers, and even the police. 462 00:24:20,580 --> 00:24:24,010 This is Avery's legacy; 463 00:24:24,010 --> 00:24:28,540 tolerance, love, 464 00:24:28,550 --> 00:24:31,660 forgiveness. 465 00:24:33,990 --> 00:24:36,090 - Thank you. 466 00:24:36,090 --> 00:24:38,850 Thank you for coming. - Beautiful, beautiful ceremony. 467 00:24:38,860 --> 00:24:40,220 - Avery was loved. 468 00:24:40,230 --> 00:24:42,730 - I can see that. 469 00:24:42,730 --> 00:24:46,890 - We heard that Darius McCrae is gonna be charged as an adult. 470 00:24:46,900 --> 00:24:49,000 - I wish the DA had come to the service. 471 00:24:49,000 --> 00:24:50,900 Everything Avery believed was about forgiveness. 472 00:24:50,910 --> 00:24:53,040 - Well, the DA wants to make sure 473 00:24:53,040 --> 00:24:57,200 that what happened to Avery never happens again. 474 00:24:57,210 --> 00:25:00,840 - How? By locking up a 15-year-old? 475 00:25:00,850 --> 00:25:02,820 Tell the DA that's not what we want. 476 00:25:02,820 --> 00:25:04,150 - Lisa, please. 477 00:25:04,150 --> 00:25:06,080 - It's not what Avery would want. 478 00:25:08,720 --> 00:25:10,220 - Excuse me. - Of course. 479 00:25:19,170 --> 00:25:21,940 - Look, we feel the same way. 480 00:25:21,940 --> 00:25:23,610 All right, I'll call you back. That was Barba. 481 00:25:23,610 --> 00:25:24,980 He argued that the case should stay in family court, 482 00:25:24,980 --> 00:25:26,670 and that's when O'Dwyer stepped in. 483 00:25:26,680 --> 00:25:28,745 - O'Dwyer's no dummy. The new DA says jump, 484 00:25:28,746 --> 00:25:30,600 he laces up his sneakers. - Counselor. 485 00:25:30,610 --> 00:25:32,670 - Well, at least you're not bad-mouthing me behind my back. 486 00:25:32,680 --> 00:25:34,240 - Look, I'm sorry, Counselor. It's just, you know, 487 00:25:34,250 --> 00:25:36,620 Avery's mom wants this in family court. 488 00:25:36,620 --> 00:25:38,220 - I know. I got your messages. I spoke to her. 489 00:25:38,220 --> 00:25:40,260 - You just ignored her wishes? 490 00:25:40,260 --> 00:25:42,020 - She's suffered a terrible loss. 491 00:25:42,020 --> 00:25:44,290 I told her that she could speak at the sentencing hearing. 492 00:25:44,290 --> 00:25:46,120 - Sentencing hearing? 493 00:25:46,130 --> 00:25:47,965 Darius's lawyer is pleading guilty? 494 00:25:47,966 --> 00:25:50,060 - Not exactly. He's asked for a bench trial. 495 00:25:50,070 --> 00:25:51,730 - Bench trial? 496 00:25:51,730 --> 00:25:54,030 So he's using the Clarence Darrow strategy. 497 00:25:54,040 --> 00:25:56,740 Juries are more emotional than judges, so if you give a judge 498 00:25:56,740 --> 00:25:58,310 absolute power to declare someone guilty... 499 00:25:58,310 --> 00:26:01,210 - They're less likely to impose a harsh sentence. 500 00:26:01,210 --> 00:26:03,180 - Yeah. 501 00:26:09,080 --> 00:26:10,710 - It was Darius's idea. 502 00:26:10,720 --> 00:26:11,990 - Yo, what's up with the skirt? 503 00:26:11,990 --> 00:26:13,720 - He saw Avery on that bridge. 504 00:26:13,720 --> 00:26:15,280 - He asked you a question. 505 00:26:15,290 --> 00:26:18,660 - He said we should see what's under that skirt. 506 00:26:22,600 --> 00:26:24,270 - Get away from me. - Let's see, tranny. 507 00:26:24,270 --> 00:26:25,270 - What's under there? 508 00:26:25,270 --> 00:26:29,040 - Darius called Avery a tranny? 509 00:26:29,040 --> 00:26:33,180 - Yeah, then he grabbed at his skirt. 510 00:26:33,180 --> 00:26:35,145 - And what was happening here? 511 00:26:35,146 --> 00:26:37,040 - I tossed the camera to Darius. 512 00:26:37,050 --> 00:26:38,980 He played keep-away. 513 00:26:38,980 --> 00:26:41,980 When Avery reached for it, he fell on Darius. 514 00:26:41,980 --> 00:26:43,280 - It's not funny. 515 00:26:43,290 --> 00:26:45,750 - And Darius, like, wigged out. 516 00:26:45,750 --> 00:26:48,250 He just pushed him off that bridge. 517 00:26:48,260 --> 00:26:50,160 - What happened next? 518 00:26:50,160 --> 00:26:51,730 - I took Avery's initial statement. 519 00:26:51,730 --> 00:26:54,370 She had a concussion and a broken femur. 520 00:26:54,370 --> 00:26:57,260 - How did Avery describe the attack? 521 00:26:57,270 --> 00:27:00,340 - Avery felt targeted, bullied. 522 00:27:00,340 --> 00:27:05,270 She was upset about the slurs used: tranny, slut, he-she. 523 00:27:05,270 --> 00:27:07,130 Later, after she ID'd Darius, 524 00:27:07,140 --> 00:27:10,040 she made it very clear to me that she was not "being cheeky." 525 00:27:10,050 --> 00:27:12,220 She'd done nothing to provoke them. 526 00:27:12,220 --> 00:27:14,240 - Avery died two days later. 527 00:27:14,250 --> 00:27:17,250 The M.E. has already testified that her death was 528 00:27:17,250 --> 00:27:19,380 a result of that assault. Do you agree? 529 00:27:19,390 --> 00:27:22,360 - Yes, there were no intervening factors. 530 00:27:22,360 --> 00:27:25,130 The saddle embolism that killed Avery was a direct result 531 00:27:25,130 --> 00:27:28,000 of the broken femur caused by the fall. 532 00:27:28,000 --> 00:27:30,670 - Thank you, Doctor. 533 00:27:30,670 --> 00:27:33,970 - Ms. Davis, you have been Darius's English teacher 534 00:27:33,970 --> 00:27:37,310 and advisor for the past two years. 535 00:27:37,310 --> 00:27:40,810 Has he ever had a problem with LGBTQ students? 536 00:27:40,810 --> 00:27:43,350 - No. Darius has a little sister, 537 00:27:43,350 --> 00:27:45,450 which may be why he was protective of younger students 538 00:27:45,450 --> 00:27:47,150 being bullied, 539 00:27:47,150 --> 00:27:50,850 including one instance, a student I believe to be gay. 540 00:27:50,850 --> 00:27:53,810 - And he himself has been affected by violence? 541 00:27:53,820 --> 00:27:58,790 - Yes, last Christmas Darius saw his older cousin get shot. 542 00:28:00,900 --> 00:28:02,430 It made an impact. 543 00:28:02,430 --> 00:28:03,990 His behavior changed. 544 00:28:04,000 --> 00:28:05,870 He began to study, really apply himself. 545 00:28:05,870 --> 00:28:07,940 He didn't want to become a statistic. 546 00:28:07,940 --> 00:28:09,940 He wanted to graduate, become a graphic artist. 547 00:28:09,940 --> 00:28:11,870 He's quite talented. 548 00:28:11,870 --> 00:28:14,800 - And the day after his encounter with Avery, 549 00:28:16,340 --> 00:28:19,140 how did he behave? - He was distraught. 550 00:28:19,150 --> 00:28:21,820 We were going to talk, but then the police came. 551 00:28:23,850 --> 00:28:27,150 I know the video looks bad, Your Honor, 552 00:28:27,160 --> 00:28:29,160 but Darius is not a bad kid. 553 00:28:29,160 --> 00:28:32,760 He has a good heart, and I know it's no excuse, 554 00:28:32,760 --> 00:28:35,290 but he's never been exposed to transgender people, 555 00:28:35,300 --> 00:28:39,370 and I think he just got... confused. 556 00:28:40,770 --> 00:28:42,305 - Thank you, Ms. Davis. 557 00:28:42,306 --> 00:28:44,360 Nothing further. 558 00:28:44,370 --> 00:28:46,170 - Mr. O'Dwyer? 559 00:28:46,170 --> 00:28:47,500 - No questions. 560 00:28:50,950 --> 00:28:53,010 - How are you two holding up? 561 00:28:53,010 --> 00:28:55,240 - We need to be here for Avery. 562 00:28:55,250 --> 00:28:58,020 We also feel Darius should be found guilty. 563 00:28:58,020 --> 00:29:00,220 - I'm just worried about what'll happen to him when he is. 564 00:29:00,220 --> 00:29:02,150 - Judge Barth keeps an open mind, so. 565 00:29:03,960 --> 00:29:06,030 - Olivia? 566 00:29:06,030 --> 00:29:07,960 - Dr. Lindstrom. 567 00:29:07,960 --> 00:29:09,360 - Let me walk you guys in, all right? 568 00:29:09,360 --> 00:29:10,860 - Thank you, great. 569 00:29:13,070 --> 00:29:14,840 - The victim's parents. 570 00:29:14,840 --> 00:29:16,910 - They may not like my testimony. 571 00:29:16,910 --> 00:29:18,770 - Well, despite their loss 572 00:29:18,770 --> 00:29:23,100 they've managed to find some compassion for Darius. 573 00:29:23,110 --> 00:29:26,170 - Grace is usually a better choice than bitterness. 574 00:29:31,950 --> 00:29:37,050 Darius McCrae is 15 years old, and, like most male teenagers, 575 00:29:37,060 --> 00:29:40,460 his impulse control is not quite evolved. 576 00:29:40,460 --> 00:29:42,190 The amygdala, that part of the brain 577 00:29:42,200 --> 00:29:45,170 which is responsible for impulsive behavior, 578 00:29:45,170 --> 00:29:46,370 is very active. 579 00:29:46,370 --> 00:29:47,910 - More so than reasoning and judgment? 580 00:29:47,910 --> 00:29:49,200 - Yes. 581 00:29:49,200 --> 00:29:51,170 That is controlled by the frontal lobe, 582 00:29:51,170 --> 00:29:54,570 which is still developing well into an average person's 20s. 583 00:29:54,580 --> 00:29:56,345 - What, in your medical opinion, 584 00:29:56,346 --> 00:29:59,470 happened to Darius when he encountered Avery Parker? 585 00:29:59,480 --> 00:30:02,810 - Avery was someone very different 586 00:30:02,820 --> 00:30:07,490 from the biological boys Darius knows, 587 00:30:07,490 --> 00:30:10,190 someone "other" in ways that were threatening to a boy 588 00:30:10,190 --> 00:30:13,420 just beginning to mature sexually and emotionally. 589 00:30:13,430 --> 00:30:16,570 - Do you think that Darius 590 00:30:16,570 --> 00:30:19,435 could have been motivated by hate that afternoon? 591 00:30:19,436 --> 00:30:21,160 - No, I think it had much more to do 592 00:30:21,170 --> 00:30:23,440 with Darius' own insecurity. 593 00:30:23,440 --> 00:30:27,440 He was flooded with fear and the need to show his peers 594 00:30:27,440 --> 00:30:29,440 that he was a straight... 595 00:30:29,440 --> 00:30:31,910 A "real"... man. 596 00:30:31,910 --> 00:30:33,570 In conversations with Darius, it became clear 597 00:30:33,580 --> 00:30:37,110 that he had very little exposure to transgender individuals, 598 00:30:37,120 --> 00:30:40,520 certainly not enough to develop either tolerance or hatred. 599 00:30:40,520 --> 00:30:42,250 - Thank you, Doctor. Nothing further. 600 00:30:46,190 --> 00:30:47,620 - You testify that Mr. McCrae 601 00:30:47,630 --> 00:30:50,270 had little exposure to transgender persons, 602 00:30:50,270 --> 00:30:54,300 that he was flooded with fear when he saw Avery, 603 00:30:54,300 --> 00:30:56,330 yet he deliberately approached her. 604 00:30:56,340 --> 00:30:59,370 He called her a tranny, a slut. 605 00:30:59,370 --> 00:31:02,440 He even said, "Let's see what's under that skirt." 606 00:31:02,440 --> 00:31:05,210 - He was posturing for his friends, yes. 607 00:31:05,210 --> 00:31:07,040 - Was he? 608 00:31:07,050 --> 00:31:11,590 When he taunted Avery, when he harassed her, 609 00:31:11,590 --> 00:31:13,290 when he killed her, 610 00:31:13,290 --> 00:31:16,260 that was nothing but poor judgment, 611 00:31:16,260 --> 00:31:19,230 lack of impulse control typical of all teenagers? 612 00:31:19,230 --> 00:31:22,230 - Many teenagers when compared to adults, yes. 613 00:31:22,230 --> 00:31:25,400 That's why most violent crime is committed by youths 614 00:31:25,400 --> 00:31:26,970 under the age of 25, 615 00:31:26,970 --> 00:31:28,410 and it's certainly why a 15-year-old 616 00:31:28,410 --> 00:31:30,230 should not be tried as an adult. 617 00:31:30,240 --> 00:31:32,910 - So, what, give him a mulligan? 618 00:31:32,910 --> 00:31:34,140 Boys will be boys? 619 00:31:34,140 --> 00:31:36,470 Are you saying that when Mr. McCrae 620 00:31:36,480 --> 00:31:39,220 singled out a member of a protected class, 621 00:31:39,220 --> 00:31:42,380 taunting Avery because of her gender identity, 622 00:31:42,380 --> 00:31:44,140 he wasn't discriminating? 623 00:31:44,150 --> 00:31:45,980 - I don't believe so, no. 624 00:31:45,990 --> 00:31:48,630 - Then why didn't he push someone else off the bridge? 625 00:31:48,630 --> 00:31:53,020 - As I said, his insecurity caused him to react impulsively. 626 00:31:53,030 --> 00:31:56,400 - The same could be said of gay-bashing, skinhead violence, 627 00:31:56,400 --> 00:31:58,335 and even lynchings. - Objection, Your Honor. 628 00:31:58,336 --> 00:32:00,060 - Sustained, I'll disregard. 629 00:32:00,070 --> 00:32:03,240 Have you an actual question, Mr. O'Dwyer? 630 00:32:03,240 --> 00:32:05,110 - I guess my question is isn't that why 631 00:32:05,110 --> 00:32:08,110 we have hate crime laws in this state? 632 00:32:08,110 --> 00:32:09,480 - Those laws should be for adults. 633 00:32:09,480 --> 00:32:11,480 This case is exactly when we should remember 634 00:32:11,480 --> 00:32:15,050 that the mind of a child is still forming, 635 00:32:15,050 --> 00:32:16,950 and it is very different than the mind of an adult. 636 00:32:16,950 --> 00:32:18,310 - Well, I think we need to remember 637 00:32:18,320 --> 00:32:19,620 that there are hundreds 638 00:32:19,620 --> 00:32:22,050 of thousands of children in New York City, 639 00:32:22,060 --> 00:32:27,060 yet only Darius McCrae pushed another child off a bridge 640 00:32:27,060 --> 00:32:30,720 because, as you said, Avery was "other." 641 00:32:35,370 --> 00:32:38,370 - When I saw Avery fall off the bridge, 642 00:32:38,370 --> 00:32:40,630 I felt sick to my stomach. 643 00:32:40,640 --> 00:32:43,070 I feel sick all the time now. 644 00:32:43,080 --> 00:32:44,450 - Why is that? 645 00:32:46,110 --> 00:32:49,480 - 'Cause I know how it feels to lose someone 646 00:32:49,480 --> 00:32:51,110 you love, like your... 647 00:32:51,120 --> 00:32:53,620 Like your guts are being ripped out, 648 00:32:53,620 --> 00:32:59,020 and that's what I did to Avery's parents. 649 00:32:59,030 --> 00:33:04,100 I didn't want him... Her to die. 650 00:33:04,100 --> 00:33:06,600 I didn't hate Avery. 651 00:33:06,600 --> 00:33:09,700 I can never forgive myself. 652 00:33:12,510 --> 00:33:15,610 - Thank you, Darius. 653 00:33:15,610 --> 00:33:17,210 - Mr. O'Dwyer? 654 00:33:19,480 --> 00:33:22,250 - You say that you did not mean to push Avery off the bridge. 655 00:33:22,250 --> 00:33:25,255 Why were you on the bridge in the first place? 656 00:33:25,256 --> 00:33:27,110 - I just wanted to talk to Avery. 657 00:33:27,120 --> 00:33:29,580 - Talk or tease? 658 00:33:33,690 --> 00:33:36,560 - A little bit of both, I guess. 659 00:33:36,560 --> 00:33:38,330 - And that was a choice that you made? 660 00:33:41,340 --> 00:33:43,170 - Yes, sir. 661 00:33:43,170 --> 00:33:45,800 - When you approached Avery, did she ask to be left alone? 662 00:33:50,040 --> 00:33:51,300 - Yes, sir. 663 00:33:51,310 --> 00:33:53,670 - And yet you grabbed at her skirt. 664 00:33:53,680 --> 00:33:56,640 Was that a choice? - Yes, sir. 665 00:33:56,650 --> 00:33:59,410 - And when you wouldn't give Avery her camera back, 666 00:33:59,420 --> 00:34:02,220 was that a choice? - Yes, sir. 667 00:34:02,220 --> 00:34:03,680 - But pushing her was not a choice? 668 00:34:03,690 --> 00:34:08,190 - No, he just fell on me, and I just reacted. 669 00:34:10,230 --> 00:34:11,630 - Why did Avery fall? 670 00:34:11,630 --> 00:34:13,830 Is it because you made the choice to go after her, 671 00:34:13,840 --> 00:34:17,070 to tease her, to taunt her? 672 00:34:17,070 --> 00:34:19,170 Why would you do that? 673 00:34:27,410 --> 00:34:30,080 - I don't know. 674 00:34:30,090 --> 00:34:33,190 [whispering] I don't even know, sir. 675 00:34:38,460 --> 00:34:42,170 I'm so sorry. I'm so sorry. 676 00:34:47,500 --> 00:34:51,570 - We all are, Mr. McCrae. 677 00:34:51,570 --> 00:34:52,870 Nothing further. 678 00:35:02,550 --> 00:35:05,220 - I understand you have one last witness, Mr. Varma? 679 00:35:05,220 --> 00:35:07,220 - Yes, Your Honor, Mr. Eric Parker. 680 00:35:07,220 --> 00:35:09,180 - With all due respect to Mr. Parker, his testimony 681 00:35:09,190 --> 00:35:11,660 is clearly more appropriate for a victim impact statement. 682 00:35:11,660 --> 00:35:13,760 - Your Honor, he only approached me yesterday, 683 00:35:13,760 --> 00:35:16,120 and I do believe that Mr. Parker's testimony 684 00:35:16,130 --> 00:35:20,760 will influence your decision as to the hate crime charge itself. 685 00:35:20,770 --> 00:35:24,510 - All right, I'll allow it. 686 00:35:24,510 --> 00:35:26,750 - Will you explain to the court what that is, Mr. Parker? 687 00:35:28,210 --> 00:35:32,920 - An apology drawing from Darius to Avery. 688 00:35:34,350 --> 00:35:38,460 Avery saw this shortly before she died. 689 00:35:40,620 --> 00:35:41,920 It meant a lot. 690 00:35:44,390 --> 00:35:49,590 I know Avery felt forgiveness toward Darius. 691 00:35:49,600 --> 00:35:52,840 - Defense Exhibit D, Your Honor. 692 00:35:55,270 --> 00:35:56,840 - [exhales] 693 00:36:08,420 --> 00:36:10,590 Mr. Parker, 694 00:36:10,590 --> 00:36:15,460 you wish to testify on behalf of the defendant, 695 00:36:15,460 --> 00:36:17,530 the boy who has caused your family so much pain? 696 00:36:19,290 --> 00:36:21,890 - Yes. 697 00:36:21,900 --> 00:36:25,330 My wife and I want to make sure that Avery's death 698 00:36:25,330 --> 00:36:27,360 means something, 699 00:36:27,370 --> 00:36:30,440 that no transgender child should ever again 700 00:36:30,440 --> 00:36:34,210 be singled out or hurt, 701 00:36:34,210 --> 00:36:38,910 but we also want to make sure that the tragedy 702 00:36:38,910 --> 00:36:42,880 is not compounded by the tragedy 703 00:36:42,880 --> 00:36:46,750 of taking another child away from his family. 704 00:36:50,520 --> 00:36:52,950 - Thank you for your compassion. 705 00:36:58,630 --> 00:37:01,730 - Do I think Darius McCrae left home that morning 706 00:37:01,740 --> 00:37:03,910 with the intent to kill Avery Parker? 707 00:37:03,910 --> 00:37:07,380 No, but intent can be formed in an instant, 708 00:37:07,380 --> 00:37:12,450 and in that instant Mr. McCrae saw Avery as "other," 709 00:37:12,450 --> 00:37:16,350 someone he could taunt, tease, 710 00:37:16,350 --> 00:37:18,710 someone he could push off a bridge. 711 00:37:18,720 --> 00:37:21,590 - Darius knows that what he did was wrong. 712 00:37:21,590 --> 00:37:25,660 That's evidenced by his remorse and the apology letter he drew. 713 00:37:25,660 --> 00:37:29,260 Now, what happened on that bridge was tragic, 714 00:37:29,260 --> 00:37:32,730 but sending a 15-year-old boy to prison 715 00:37:32,730 --> 00:37:36,360 for an instant's loss of control will not bring Avery back. 716 00:37:36,370 --> 00:37:39,400 - We have heard that Mr. McCrae is a good kid, 717 00:37:39,410 --> 00:37:43,040 that his actions were not motivated by hatred, 718 00:37:43,040 --> 00:37:48,040 but one purpose of punishment is deterrence, to send a message 719 00:37:48,050 --> 00:37:52,890 that there are some actions not acceptable to society. 720 00:37:52,890 --> 00:37:56,920 - Avery's parents have asked this court for mercy. 721 00:37:56,920 --> 00:37:58,650 They believe the message 722 00:37:58,660 --> 00:38:02,330 that Avery would want to send is one of compassion. 723 00:38:02,330 --> 00:38:07,540 Is sending a 15-year-old boy to an adult prison 724 00:38:07,540 --> 00:38:10,540 really what's best for society? 725 00:38:10,540 --> 00:38:14,340 Are we living in the Dark Ages, an eye for an eye? 726 00:38:14,340 --> 00:38:16,400 This is two lives lost. 727 00:38:16,410 --> 00:38:18,670 - Transgender teens have a tough road. 728 00:38:18,680 --> 00:38:22,850 They're ostracized, bullied, driven to suicide. 729 00:38:22,850 --> 00:38:24,950 I don't normally go against the wishes 730 00:38:24,950 --> 00:38:28,350 of a victim's parents, 731 00:38:28,360 --> 00:38:31,330 but I never want to see another child die 732 00:38:31,330 --> 00:38:33,660 simply for being who they are. 733 00:38:36,430 --> 00:38:38,970 - Thank you, Counselors. 734 00:38:38,970 --> 00:38:40,740 I appreciate all of your arguments. 735 00:38:40,740 --> 00:38:42,110 We'll take a short recess. 736 00:38:44,810 --> 00:38:46,740 - [sighs] 737 00:38:52,850 --> 00:38:55,950 I thought it was real nice of Mr. Parker 738 00:38:55,950 --> 00:38:58,490 to say the things that he said. 739 00:38:58,490 --> 00:39:00,490 - Mm-hmm. 740 00:39:09,860 --> 00:39:11,990 - It's gonna be okay, isn't it? 741 00:39:12,000 --> 00:39:14,970 - I hope so, Ms. McCrae. 742 00:39:18,670 --> 00:39:20,730 - The judge is coming back in. 743 00:39:23,880 --> 00:39:25,850 - Okay. 744 00:39:30,850 --> 00:39:33,980 - Are we all settled? 745 00:39:33,990 --> 00:39:36,130 Will the defendant please rise? 746 00:39:41,660 --> 00:39:46,460 I was moved by what witnesses said about your character 747 00:39:46,470 --> 00:39:49,870 and capacity, Mr. McCrae. 748 00:39:49,870 --> 00:39:53,730 I was particularly moved by Mr. Parker's testimony. 749 00:39:55,910 --> 00:39:58,980 However... 750 00:39:58,980 --> 00:40:02,820 it is unrealistic to believe that violence 751 00:40:02,820 --> 00:40:04,990 against protected classes 752 00:40:04,990 --> 00:40:08,090 can be extinguished without appropriate punishment 753 00:40:08,090 --> 00:40:11,890 under the law. 754 00:40:11,890 --> 00:40:15,090 Darius McCrae, I find you guilty of manslaughter 755 00:40:15,100 --> 00:40:19,000 in the second degree with the hate crime statute attached. 756 00:40:19,000 --> 00:40:22,440 - No, that's my baby! 757 00:40:22,440 --> 00:40:24,470 - Order, order. [strikes gavel] 758 00:40:27,970 --> 00:40:29,600 Darius McCrae, 759 00:40:29,610 --> 00:40:33,050 you are hereby remanded to Brookwood Secure Center 760 00:40:33,050 --> 00:40:36,180 until your 18 birthday, at which time you will 761 00:40:36,180 --> 00:40:38,110 be transferred to Green Haven Correctional Facility 762 00:40:38,120 --> 00:40:40,460 to serve out the remainder of your seven-year term. 763 00:40:41,490 --> 00:40:42,730 Court is adjourned. 764 00:40:42,730 --> 00:40:44,080 [strikes gavel] 765 00:40:47,490 --> 00:40:50,490 - [cries] 766 00:40:50,500 --> 00:40:54,240 [sobs] 767 00:40:54,240 --> 00:40:56,110 [handcuffs click]