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[ominous music]
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- This is Mike's first
apartment in New York City!
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- That's right.
- Ow!
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* *
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- The online dating scene
was still pretty new
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and fairly unregulated.
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- I've been single
for, like, five years.
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I've lived on Long Island
forever.
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All of a sudden,
I'm in Brooklyn, I move,
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and everyone's like,
"Oh, what are you doing?
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"Do you want to hang out?
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I thought
you'd want to hang out."
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You know, it's like,
no, I can't hang out.
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I'm in Brooklyn.
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You know, I moved here
to find a husband.
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[laughter]
- Stop!
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[sirens wailing]
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- Numerous calls come in
to 911
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stating that someone's
been struck
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by a vehicle
on the Belt Parkway.
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* *
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Those last seconds of his life
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were seconds
that he didn't deserve.
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- I was just shocked.
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Just kind go through
this point of disbelief.
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- It was Michael Sandy.
It could have been anyone.
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They weren't looking
for a Black man,
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they weren't looking
for a white man,
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they were looking for a victim.
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* *
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- You can feel
how he must have felt
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when he saw these guys
coming down,
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and then running for his life.
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- Imagine the sheer terror
that he was probably feeling.
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* *
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- This guy was lured
to his death.
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- We had a rogue device
on this wireless network.
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So the idea was, all right,
well, where are they?
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- Kind of just feel your whole
body collapse in that moment.
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It takes your breath away.
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[tense suspenseful music]
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* *
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[soft upbeat music]
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narrator: July 2006.
Brooklyn, New York.
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28-year-old Michael Sandy
is on top of the world.
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He's just landed a job
as a designer for IKEA
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and is finally pursuing
his dreams in the big city.
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- This is my new apartment.
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- This is Mike's first
apartment in New York City!
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- That's right.
- Ow!
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narrator: And his best friend,
Patrick, is by his side.
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- Michael was really excited
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about his first
Brooklyn apartment.
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I mean, he was all joy.
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He had a laugh that could,
like, carry a room.
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- [chuckles]
I think it's cool.
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* *
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- Press play.
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- Well, it's a wrap.
We finished the bed.
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Made much more space out
of this tiny, little room.
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It looks wonderful.
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I'm glad my hair has changed.
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- It's rocking.
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- [laughs]
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Oh, my gosh.
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I mean, what did we look
like there, right?
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We were just
absolute best friends,
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um, comfortable.
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Really comfortable
with each other.
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He was that friend that would,
like, do anything for you.
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Loyal, sensitive,
compassionate.
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* *
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[shakily] And those people
don't come around very often.
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narrator: Life hasn't always
been easy for Michael
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growing up as a young,
gay Black man
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in conservative
Bellport, New York.
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- His struggle with being gay
in Long Island
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was definitely a thing.
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* *
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Some parts of it was because
he wasn't necessarily, like,
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out to his parents,
but I think that they all
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had this beautiful kind of
unspoken understanding.
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- I've known Michael Sandy
since we were kids.
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And Michael spoke very closely
with his friends
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about who he wanted
to make connections with.
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And being in a small town,
a conservative town
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and a conservative family,
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these things were kind of hard
to explore.
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He wanted to work in Brooklyn,
live in Brooklyn,
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breathe Brooklyn.
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So I think what was
very attractive to him
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was really that social element
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and to really find
a connection, to find love.
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I feel like he had
to make that move to survive
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and to express who he was
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and to be
who he was meant to be.
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[upbeat music]
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* *
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narrator: Michael is now
living his dream
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in hip Williamsburg, Brooklyn,
an artsy neighborhood
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just a quick subway ride
from Manhattan.
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- Michael, he's very agile,
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and he made everything he did
look very easy.
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Okay.
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* *
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Yeah, that was great.
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But he was
a very natural dancer.
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[bittersweet music]
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So that was Michael dancing
in a parking garage.
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Actually, I was filming this.
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We were, "One and two
and three and punch,"
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and, you know,
"turn and spin."
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So we had it all choreographed.
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* *
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You know, it's tough
to kind of think
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about the last time
you see someone.
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But it was a good
last in-person memory.
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* *
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- As much as he was
so gregarious and outgoing,
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personally, he was very shy.
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He had never dated anyone
in 11 years of me knowing him,
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never had a boyfriend.
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- He was on the hunt
to find love.
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* *
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narrator:
In the early fall of 2006,
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just a few months
after moving to Brooklyn...
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[suspenseful music]
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Michael goes out with Patrick
and a small group of friends.
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Another friend captures a
lighthearted moment on video.
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- I've been single
for, like, five years.
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I've lived on Long Island
forever.
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No one ever wanted
to take me to dinner.
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No one would ever go out.
All of a sudden,
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I'm in Brooklyn, I move,
and everyone's like,
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"Oh, what are you doing?
Do you want to hang out?
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I thought
you'd want to hang out."
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You know, it's like,
no, I can't hang out.
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I'm in Brooklyn.
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What happened five years ago?
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[laughs]
Right?
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It's insane.
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You know, I moved here
to find a husband.
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[laughter]
- Stop!
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* *
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The last time
I hung out with Michael was
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very close to the time
that he had died.
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[inhales deeply]
So...
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* *
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[sirens wailing]
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- On the evening
of October 8, 2006,
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numerous calls come in to 911
stating that someone's
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been struck by a vehicle
on the Belt Parkway.
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narrator: It's 10:00 p.m.,
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and the scene is
a dark section of the highway
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near Sheepshead Bay, Brooklyn,
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in an area
known as Plumb Beach.
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- That car never stopped.
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It was a hit and run.
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Very serious car accident.
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From injuries,
he's unconscious.
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narrator: The victim,
a young, Black male
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gravely injured
but still clinging to life,
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is rushed
to Brookdale Hospital.
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- We have a victim.
We don't know who he is.
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We don't know necessarily
how he got there.
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Now we have to figure out
why this occurred.
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narrator: Investigators
questioned witnesses
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at the scene.
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- This incident
occurs at night
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when it's dark and
everyone's vision is limited.
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No one really has a good
description of the vehicle
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and/or the license plate.
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narrator:
Police search the area
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and soon make
a crucial discovery.
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- They come across a vehicle
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that's parked in a parking lot
across the highway.
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The car was still running.
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narrator: Police recover
a photo ID from the vehicle.
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It's an unmistakable match
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with the man gravely injured
on the parkway.
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- And through the
documentation that they find,
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they come to find out
that this vehicle is owned
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by a young man
by the name of Michael Sandy.
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* *
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So we have a victim.
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We know his address.
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And we wanted to know why
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he would have driven
from Williamsburg
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to the other side of Brooklyn
at night in the dark.
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- Plumb Beach is just
a dead stretch of sand,
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kind of a weedy beach where
nobody really takes the sun.
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And it's just a quiet,
little stretch of beach.
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- So something's
not adding up here.
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What's going on?
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narrator: Later that night,
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some eyewitnesses reveal
a disturbing detail.
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- So some of the accounts
that the officers are getting
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are stating that this young,
Black male is being chased
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by a number of white males
from the parking lot
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along the Belt Parkway
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and then being struck by a
vehicle as he's being chased.
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00:09:01,007 --> 00:09:02,742
So based on witness accounts,
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00:09:02,776 --> 00:09:06,413
these young men now start
to pull him off the highway.
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- His body got dragged back
to the side of the road.
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They rifled through his
pockets before running off.
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00:09:13,319 --> 00:09:15,422
And witnesses saw that.
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00:09:15,455 --> 00:09:19,092
- Given the races that people
are specifically noting,
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00:09:19,125 --> 00:09:23,697
we're wondering, is this
something racially motivated?
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You know, this may have been
a targeted attack.
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[tense music]
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narrator: A new detail
about Michael's final moments
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00:09:32,405 --> 00:09:34,107
comes to light.
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00:09:34,140 --> 00:09:36,376
- The computer logged into
America Online,
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00:09:36,409 --> 00:09:39,846
and the conversation
was visible on the screen.
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00:09:39,879 --> 00:09:41,448
narrator:
The more police learn,
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00:09:41,481 --> 00:09:45,185
the more personal and tragic
the case becomes.
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00:09:45,218 --> 00:09:47,554
- It all is a thing to me
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that stems from his willingness
and wanting connection.
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00:09:53,493 --> 00:09:54,861
* *
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00:09:54,894 --> 00:09:57,697
- He left pointers.
He left the breadcrumbs.
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00:09:57,731 --> 00:10:00,033
And like, that
"I'll see you in 20 minutes"
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00:10:11,077 --> 00:10:11,978
[tense music]
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00:10:12,779 --> 00:10:14,647
narrator:
Eyewitnesses tell police
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00:10:14,681 --> 00:10:17,283
they saw Michael Sandy
being chased
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00:10:17,317 --> 00:10:19,686
by several
unidentified white men
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00:10:19,719 --> 00:10:21,988
alongside
a New York City highway
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00:10:22,022 --> 00:10:25,625
before he was struck
by a hit and run driver.
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00:10:25,658 --> 00:10:27,827
Hours later
in the early morning,
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Michael lies in a coma
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00:10:29,896 --> 00:10:32,365
at Brookdale Hospital
in Brooklyn.
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00:10:32,399 --> 00:10:36,236
- He's unconscious,
so he can't speak to us
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00:10:36,269 --> 00:10:39,239
to tell us
how this all went down.
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00:10:39,272 --> 00:10:40,407
* *
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00:10:40,440 --> 00:10:42,942
narrator: Meanwhile,
word of the shocking incident
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00:10:42,976 --> 00:10:47,414
is slowly spreading
among Michael's loved ones.
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00:10:47,447 --> 00:10:48,915
- I got a phone call,
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00:10:48,948 --> 00:10:52,152
and I don't believe
anyone knew the full details.
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00:10:52,185 --> 00:10:54,788
I didn't really receive
any information
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00:10:54,821 --> 00:10:56,056
other than the fact that
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he was in the hospital
on life support.
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[somber piano music]
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00:11:00,894 --> 00:11:02,896
- One of my good friends
called,
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00:11:02,929 --> 00:11:06,933
and he said, "Michael was
in a pretty severe accident."
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00:11:06,966 --> 00:11:09,669
Like, I just felt my whole body
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00:11:09,703 --> 00:11:11,805
fall to the ground
hearing that.
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00:11:11,838 --> 00:11:13,640
Then you started
seeing it on the news.
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00:11:13,673 --> 00:11:16,743
[sirens wailing]
248
00:11:16,776 --> 00:11:20,280
* *
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- I was working as a reporter
for the "New York Post"
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when this happened.
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We were told
that he was still alive,
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he was in critical condition,
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00:11:26,619 --> 00:11:28,221
and he was unable
to communicate to police
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00:11:28,254 --> 00:11:29,422
exactly what happened.
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00:11:29,456 --> 00:11:32,759
[suspenseful music]
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00:11:32,792 --> 00:11:34,427
- We're talking to the family,
257
00:11:34,461 --> 00:11:37,397
kind of getting a clearer
picture as to who Michael is.
258
00:11:37,430 --> 00:11:39,499
You know, they find out
that Michael is 28,
259
00:11:39,532 --> 00:11:41,334
soon to be 29-year-old male,
260
00:11:41,368 --> 00:11:43,770
and he was
an interior designer
261
00:11:43,803 --> 00:11:46,639
and was just a super nice guy.
262
00:11:46,673 --> 00:11:49,009
Probably had zero enemies.
263
00:11:49,109 --> 00:11:50,510
And we wanted
to try to figure out
264
00:11:50,543 --> 00:11:53,513
why he may have suddenly
found himself in a conflict
265
00:11:53,546 --> 00:11:55,682
with other people.
266
00:11:55,715 --> 00:11:57,917
* *
267
00:11:57,951 --> 00:12:00,086
- When I was at the hospital,
268
00:12:00,120 --> 00:12:03,757
his parents were just
desperately trying
269
00:12:03,790 --> 00:12:08,962
to find any resource and help
that they could.
270
00:12:09,062 --> 00:12:10,530
[somber music]
271
00:12:10,563 --> 00:12:13,066
- It wasn't until I spoke
with Mr. and Mrs. Sandy
272
00:12:13,066 --> 00:12:15,969
to really know
the severity of the impact.
273
00:12:16,069 --> 00:12:17,370
They were holding up.
274
00:12:17,404 --> 00:12:19,673
They had wonderful support
with their family,
275
00:12:19,706 --> 00:12:21,975
but it was hard
to see them hurting
276
00:12:22,075 --> 00:12:24,411
the way that they were.
277
00:12:24,444 --> 00:12:27,080
- We were able to see him.
278
00:12:27,080 --> 00:12:30,350
And he looked rough.
279
00:12:30,383 --> 00:12:33,720
I mean, his head
was completely swollen.
280
00:12:33,753 --> 00:12:36,723
* *
281
00:12:36,756 --> 00:12:41,828
And you know,
being on life support,
282
00:12:41,861 --> 00:12:44,164
there was very little,
283
00:12:44,197 --> 00:12:48,702
kind of, hope in the outcome.
284
00:12:48,735 --> 00:12:53,573
And I was just shocked.
285
00:12:53,606 --> 00:12:54,908
Yeah, you just kind of
go through
286
00:12:54,941 --> 00:12:57,877
this point of disbelief.
287
00:12:57,911 --> 00:13:00,046
- All the machines beeping
and blaring
288
00:13:00,080 --> 00:13:02,482
and all the hustle and bustle
in the hospital to begin with,
289
00:13:02,515 --> 00:13:08,121
it was hard to fully absorb
what was happening.
290
00:13:08,154 --> 00:13:10,957
But it was tough to see him
in that position.
291
00:13:11,057 --> 00:13:14,160
It feels like a dream
happening, a very bad dream.
292
00:13:14,194 --> 00:13:16,429
Um...
293
00:13:16,463 --> 00:13:18,198
[tense music]
294
00:13:18,231 --> 00:13:19,532
narrator:
Detectives have little
295
00:13:19,566 --> 00:13:21,735
to explain the attack
on Michael,
296
00:13:21,768 --> 00:13:23,436
other than
the vague possibility
297
00:13:23,470 --> 00:13:25,205
it was racially motivated,
298
00:13:25,238 --> 00:13:28,208
so they head to Michael's
apartment in Williamsburg,
299
00:13:28,241 --> 00:13:30,477
hoping his roommates
can shed some light
300
00:13:30,510 --> 00:13:33,079
on his plans that evening.
301
00:13:33,079 --> 00:13:34,848
- So the investigators
are now looking
302
00:13:34,881 --> 00:13:37,817
to interview his roommates.
303
00:13:37,851 --> 00:13:40,286
Want to find out
if he has any problems.
304
00:13:40,320 --> 00:13:42,188
Did he have a beef
with somebody?
305
00:13:42,222 --> 00:13:44,190
Was he looking
to settle a score?
306
00:13:44,224 --> 00:13:46,393
You know, we need to figure
out why he may have gone
307
00:13:46,426 --> 00:13:49,863
from Williamsburg
to Sheepshead Bay
308
00:13:49,896 --> 00:13:52,866
and to see, maybe,
is there any conflict
309
00:13:52,899 --> 00:13:55,235
that was occurring
that evening?
310
00:13:55,268 --> 00:13:57,303
narrator: His roommates
don't recall anything
311
00:13:57,337 --> 00:13:59,339
out of the ordinary
that evening,
312
00:13:59,372 --> 00:14:01,274
but they mention
that they saw Michael
313
00:14:01,307 --> 00:14:04,244
chatting on the internet
earlier in the night.
314
00:14:04,277 --> 00:14:07,514
They chalk it up to some
innocent online dating.
315
00:14:07,547 --> 00:14:10,550
- We are hearing
from Michael Sandy's roommates
316
00:14:10,583 --> 00:14:12,952
that he is single.
317
00:14:13,053 --> 00:14:14,854
And like many people
were doing
318
00:14:14,888 --> 00:14:17,223
when this whole
online dating thing
319
00:14:17,257 --> 00:14:19,359
was starting
to really take hold,
320
00:14:19,392 --> 00:14:22,562
he was going out
and talking to people online
321
00:14:22,595 --> 00:14:23,830
and going out to meet them.
322
00:14:23,863 --> 00:14:26,433
* *
323
00:14:26,466 --> 00:14:30,170
- The internet really emerged
when we were young adults,
324
00:14:30,203 --> 00:14:32,305
and this is one way
where we could connect
325
00:14:32,339 --> 00:14:36,076
to people of our age and have
that social interaction,
326
00:14:36,076 --> 00:14:39,312
even if it was a digital form
of connection.
327
00:14:39,346 --> 00:14:41,414
* *
328
00:14:41,448 --> 00:14:45,485
- So back in 2006,
the online dating scene
329
00:14:45,518 --> 00:14:49,089
was still pretty new
and fairly unregulated.
330
00:14:49,122 --> 00:14:52,092
So you were talking
to people online
331
00:14:52,092 --> 00:14:54,394
and not really knowing
who was on the other end.
332
00:14:54,427 --> 00:14:57,130
* *
333
00:14:57,163 --> 00:14:59,466
narrator: Now investigators
begin to question
334
00:14:59,499 --> 00:15:02,302
if race had anything to do
with the crime
335
00:15:02,335 --> 00:15:05,705
or whether Michael's innocent
search for love online
336
00:15:05,739 --> 00:15:09,709
may have led him down
a dangerous path.
337
00:15:09,743 --> 00:15:12,946
- Every new thing has its
benefits and its drawbacks,
338
00:15:13,046 --> 00:15:15,849
and we had seen,
certainly by 2006,
339
00:15:15,882 --> 00:15:19,285
that the online environment
was one that was being used
340
00:15:19,319 --> 00:15:22,589
pretty heavily by gay men
in particular.
341
00:15:22,622 --> 00:15:25,825
And one of the drawbacks of
the internet and online dating
342
00:15:25,859 --> 00:15:30,063
is that people will use them
as avenues to target others.
343
00:15:30,063 --> 00:15:31,898
* *
344
00:15:31,931 --> 00:15:33,733
- So now we potentially
want to look
345
00:15:33,767 --> 00:15:35,168
at Michael Sandy's computer
346
00:15:35,201 --> 00:15:36,703
to see if that is going
to give us
347
00:15:36,736 --> 00:15:41,441
any investigative evidence
to corroborate that.
348
00:15:42,776 --> 00:15:45,111
narrator: Investigators
find Michael's laptop
349
00:15:45,145 --> 00:15:47,213
in his bedroom.
350
00:15:47,247 --> 00:15:49,249
- Now we start to shift
our attention to,
351
00:15:49,282 --> 00:15:51,985
did Michael Sandy maybe talk
to somebody online
352
00:15:52,085 --> 00:15:53,620
and went to go meet them,
353
00:15:53,653 --> 00:15:56,489
and maybe that scenario
went wrong?
354
00:15:56,523 --> 00:15:57,424
* *
355
00:15:57,457 --> 00:15:59,492
narrator:
To explore the possibility
356
00:15:59,526 --> 00:16:02,262
that a crime may have
originated on the internet,
357
00:16:02,295 --> 00:16:05,165
investigators reach out
to computer specialist,
358
00:16:05,198 --> 00:16:07,500
Denise Dragos.
359
00:16:07,534 --> 00:16:09,035
- The New York City
Police Department had one
360
00:16:09,069 --> 00:16:11,037
of the very first
computer crime units
361
00:16:11,037 --> 00:16:12,138
in the country.
362
00:16:12,172 --> 00:16:14,274
It was called CIT
back in those days,
363
00:16:14,307 --> 00:16:16,209
Computer Investigation
and Technology unit.
364
00:16:16,242 --> 00:16:19,045
Eventually, it became
the Computer Crime Squad.
365
00:16:19,045 --> 00:16:20,513
[suspenseful music]
366
00:16:20,547 --> 00:16:22,782
The detective squad,
they needed assistance
367
00:16:22,816 --> 00:16:25,418
to actually handle the laptop
as evidence
368
00:16:25,452 --> 00:16:28,388
and preserve
what was visible on the screen
369
00:16:28,421 --> 00:16:31,791
and whatever else
may be on that computer.
370
00:16:31,825 --> 00:16:35,228
So I got my kit together,
371
00:16:35,261 --> 00:16:37,697
which we would bring out
to digital crime scenes--
372
00:16:37,731 --> 00:16:41,234
hard drives, USB drives,
other tools, potentially,
373
00:16:41,267 --> 00:16:45,071
that may come in handy,
and we responded.
374
00:16:45,105 --> 00:16:47,607
The computer was logged
into America Online,
375
00:16:47,640 --> 00:16:50,810
and a conversation was visible
on the screen.
376
00:17:00,086 --> 00:17:01,454
[tense music]
377
00:17:02,589 --> 00:17:05,525
narrator: New York City police
believe a computer chat
378
00:17:05,558 --> 00:17:08,661
may have lured Michael Sandy
into an attack.
379
00:17:08,695 --> 00:17:12,232
As Michael lays gravely
injured in the hospital,
380
00:17:12,265 --> 00:17:15,435
NYPD computer specialist
Denise Dragos
381
00:17:15,468 --> 00:17:17,771
discovers that
Michael's computer
382
00:17:17,804 --> 00:17:21,941
is still logged into
a chat room on America Online.
383
00:17:22,042 --> 00:17:23,743
- The chat conversation
happened
384
00:17:23,777 --> 00:17:28,948
the evening of the 8th
before the incident.
385
00:17:29,049 --> 00:17:31,284
Basically, it's two users,
386
00:17:31,317 --> 00:17:33,486
FishEYEFox,
and a second account,
387
00:17:33,520 --> 00:17:37,057
which went by the screen name
Drumnbass007,
388
00:17:37,057 --> 00:17:39,092
which is Michael's account.
389
00:17:39,125 --> 00:17:42,395
[suspenseful music]
390
00:17:42,429 --> 00:17:44,330
They're having a conversation.
391
00:17:44,364 --> 00:17:46,499
They're talking
about potentially
392
00:17:46,533 --> 00:17:48,401
smoking marijuana together.
393
00:17:48,435 --> 00:17:50,670
And, you know, they say
how old each of them are,
394
00:17:50,704 --> 00:17:52,138
what they look like.
395
00:17:52,172 --> 00:17:53,440
* *
396
00:17:53,473 --> 00:17:54,841
- So in
the initial conversation
397
00:17:54,874 --> 00:17:58,078
that Michael Sandy's having
with this FishEYEFox,
398
00:17:58,078 --> 00:17:59,346
they agree to meet up.
399
00:18:00,880 --> 00:18:03,750
They talked about meeting up
in Plumb Beach, Brooklyn,
400
00:18:03,783 --> 00:18:06,152
which is where
he is struck by a vehicle.
401
00:18:06,186 --> 00:18:11,024
* *
402
00:18:11,024 --> 00:18:13,860
narrator: They make plans
to meet there at 8:00,
403
00:18:13,893 --> 00:18:18,131
but it's clear that things
didn't go as planned.
404
00:18:18,164 --> 00:18:21,768
- So searching through
Michael's AOL chat history,
405
00:18:21,801 --> 00:18:25,305
when they meet up,
FishEYEFox is not alone.
406
00:18:25,338 --> 00:18:27,173
There are other people around,
407
00:18:27,207 --> 00:18:30,043
which makes Michael Sandy
feel uneasy.
408
00:18:30,043 --> 00:18:33,079
So he gets spooked
and he leaves.
409
00:18:33,113 --> 00:18:35,849
* *
410
00:18:35,882 --> 00:18:38,618
narrator: By 8:45,
Michael returns to the chat
411
00:18:38,651 --> 00:18:42,222
from his apartment
in Williamsburg.
412
00:18:42,255 --> 00:18:44,391
- And he goes back
to his computer,
413
00:18:44,424 --> 00:18:46,393
and FishEYEFox is saying,
you know,
414
00:18:46,426 --> 00:18:48,828
"Hey, what happened to you?"
and, "Why'd you leave?"
415
00:18:48,862 --> 00:18:50,196
And Michael Sandy says,
416
00:18:50,230 --> 00:18:52,365
"Well, I thought
we were meeting one-on-one,
417
00:18:52,399 --> 00:18:54,134
"and there were
other people around,
418
00:18:54,167 --> 00:18:56,302
so it just felt weird,
so I left."
419
00:18:56,336 --> 00:18:57,704
* *
420
00:18:57,737 --> 00:18:59,906
And now FishEYEFox is trying
to convince him,
421
00:19:00,006 --> 00:19:02,375
"Oh, yeah, I don't know
who those guys were,"
422
00:19:02,409 --> 00:19:04,344
or, you know,
"We can just meet one-on-one.
423
00:19:04,377 --> 00:19:05,879
"It'll just be the two of us.
424
00:19:05,912 --> 00:19:07,914
So come on back out,
and we'll meet up again."
425
00:19:08,014 --> 00:19:13,486
* *
426
00:19:13,520 --> 00:19:15,455
narrator: By 10:00,
Michael is found
427
00:19:15,488 --> 00:19:17,290
by the side of the Parkway,
428
00:19:17,323 --> 00:19:21,361
just yards from
the Plumb Beach parking lot.
429
00:19:21,394 --> 00:19:23,930
- It all is a thing to me
430
00:19:24,030 --> 00:19:29,836
that stems from his willingness
and wanting connection.
431
00:19:29,869 --> 00:19:31,171
* *
432
00:19:31,204 --> 00:19:34,240
Like, so much
433
00:19:34,274 --> 00:19:38,578
went out of his brain
for that possibility.
434
00:19:38,611 --> 00:19:40,947
And the real hard part is that
435
00:19:41,047 --> 00:19:45,952
he just didn't listen
to his instinct that day...
436
00:19:46,052 --> 00:19:49,656
and he went back.
437
00:19:49,689 --> 00:19:51,958
* *
438
00:19:52,058 --> 00:19:54,461
- Looking back,
I got the impression that
439
00:19:54,494 --> 00:19:56,930
he might have had an idea
of what he was doing
440
00:19:56,963 --> 00:19:59,132
was potentially risky.
441
00:19:59,165 --> 00:20:00,367
I don't think
it was an accident
442
00:20:00,400 --> 00:20:05,105
that he left his computer on
with the chat window open.
443
00:20:05,138 --> 00:20:07,974
He left pointers.
He left the breadcrumbs.
444
00:20:08,008 --> 00:20:10,610
And like, that
"I'll see you in 20 minutes"
445
00:20:10,643 --> 00:20:14,314
was his final moments
as he walked out the door.
446
00:20:14,347 --> 00:20:17,517
[somber music]
447
00:20:17,550 --> 00:20:19,386
[suspenseful music]
448
00:20:19,419 --> 00:20:21,654
narrator: Police now believe
this online chat
449
00:20:21,688 --> 00:20:25,925
between Michael and FishEYEFox
is a key piece of evidence,
450
00:20:25,959 --> 00:20:30,463
and they're hoping
it may lead them to a suspect.
451
00:20:30,497 --> 00:20:33,667
- We started doing live
system analysis at the time,
452
00:20:33,700 --> 00:20:35,568
just to preserve
the information that was there.
453
00:20:35,602 --> 00:20:37,971
So even without touching it--
it's a little old-school--
454
00:20:38,004 --> 00:20:40,774
took pictures,
traditional pictures of it,
455
00:20:40,807 --> 00:20:43,009
just to make sure
that even if it crashed,
456
00:20:43,043 --> 00:20:44,344
at least we had that.
457
00:20:44,377 --> 00:20:46,012
We were running
special software
458
00:20:46,046 --> 00:20:48,882
on the machines which copied
out all of the system memory
459
00:20:48,915 --> 00:20:51,351
to an external drive,
so in that case,
460
00:20:51,384 --> 00:20:52,986
we were able
to get a lot of information
461
00:20:53,019 --> 00:20:56,222
and preserve it, forensically,
in real time.
462
00:20:56,256 --> 00:20:58,124
* *
463
00:20:58,158 --> 00:21:00,927
narrator: For investigators,
it's now imperative
464
00:21:00,960 --> 00:21:03,963
that they track down the man
Michael was chatting with,
465
00:21:04,064 --> 00:21:07,434
who goes by the screen name
FishEYEFox.
466
00:21:07,467 --> 00:21:09,669
But due to privacy laws,
467
00:21:09,703 --> 00:21:12,672
that will require
a court order.
468
00:21:12,706 --> 00:21:15,208
- You have to remember
back in 2006,
469
00:21:15,241 --> 00:21:16,843
the internet
was a very different place.
470
00:21:16,876 --> 00:21:18,311
Some of these
social media companies
471
00:21:18,345 --> 00:21:19,746
were not necessarily
forthcoming
472
00:21:19,779 --> 00:21:21,881
with information
about their clients.
473
00:21:21,915 --> 00:21:23,149
* *
474
00:21:23,183 --> 00:21:26,686
- We started doing the process
to subpoena America Online
475
00:21:26,720 --> 00:21:29,823
to see who owns
this FishEYEFox account,
476
00:21:29,856 --> 00:21:31,991
if we could, you know,
identify that person.
477
00:21:32,092 --> 00:21:33,927
* *
478
00:21:33,960 --> 00:21:35,829
narrator: On October 9th,
479
00:21:35,862 --> 00:21:39,966
a day after Michael Sandy was
struck on the Belt Parkway,
480
00:21:40,000 --> 00:21:41,701
the Brooklyn
district attorney's office
481
00:21:41,735 --> 00:21:44,104
issues a subpoena
to America Online
482
00:21:44,104 --> 00:21:46,439
to disclose the name
of the individual
483
00:21:46,473 --> 00:21:49,743
who goes by the chat handle
FishEYEFox.
484
00:21:49,776 --> 00:21:52,612
* *
485
00:21:52,645 --> 00:21:54,814
- So in the investigation,
we come to find out that
486
00:21:54,848 --> 00:21:59,486
FishEYEFox is a screen name
that is owned by someone
487
00:21:59,519 --> 00:22:01,087
by the name of John Fox...
488
00:22:01,121 --> 00:22:03,289
* *
489
00:22:03,323 --> 00:22:07,494
Who has an IP address
that comes back to Brooklyn.
490
00:22:07,527 --> 00:22:09,696
And thus,
the investigators now go
491
00:22:09,729 --> 00:22:12,065
to that address in Brooklyn
492
00:22:12,098 --> 00:22:15,402
where the ping of this
IP address is coming back to.
493
00:22:16,770 --> 00:22:18,571
narrator:
The address on Brigham Street
494
00:22:18,605 --> 00:22:21,107
is just a few blocks
from Plumb Beach
495
00:22:21,141 --> 00:22:26,112
in Sheepshead Bay, Brooklyn,
where Michael was struck.
496
00:22:26,146 --> 00:22:29,449
- It was rowhouses on this
block on Brigham Street.
497
00:22:29,482 --> 00:22:32,585
We pretty much set up
a surveillance operation
498
00:22:32,619 --> 00:22:36,089
with numerous detectives
in different cars.
499
00:22:36,089 --> 00:22:37,991
And as, you know, all
the teams are sitting there,
500
00:22:38,091 --> 00:22:40,326
somebody shows up
at that house
501
00:22:40,360 --> 00:22:42,562
and walks up
to the front gate.
502
00:22:42,595 --> 00:22:45,398
All of the police cars,
you know, come screeching up,
503
00:22:45,432 --> 00:22:47,434
and you know,
the detectives jump out
504
00:22:47,467 --> 00:22:49,803
and approach the individual.
505
00:22:49,836 --> 00:22:53,139
We identified ourselves
as being detectives, NYPD.
506
00:22:53,173 --> 00:22:57,610
* *
507
00:22:57,644 --> 00:22:59,946
And he says,
"What's going on, guys?"
508
00:23:10,957 --> 00:23:11,758
[tense music]
509
00:23:12,826 --> 00:23:15,061
narrator: NYPD detectives
have tracked the source
510
00:23:15,095 --> 00:23:16,963
of a computer
chat room message
511
00:23:17,063 --> 00:23:19,299
they believe was used
to lure Michael Sandy
512
00:23:19,332 --> 00:23:21,134
to a vicious attack.
513
00:23:21,167 --> 00:23:24,437
Based on the IP address
linked to the message,
514
00:23:24,471 --> 00:23:27,974
they descend on a house
in Brooklyn.
515
00:23:28,074 --> 00:23:30,110
- The gentleman who lived
at that address, he said,
516
00:23:30,143 --> 00:23:31,511
"I just got off work."
517
00:23:31,544 --> 00:23:33,980
You know,
"Can I help you guys?"
518
00:23:34,080 --> 00:23:36,816
So we asked him his name.
519
00:23:36,850 --> 00:23:39,152
narrator: The chat room
message was from a user
520
00:23:39,185 --> 00:23:44,724
called FishEYEFox, who police
have identified as John Fox,
521
00:23:44,758 --> 00:23:47,527
but that is not
the man's name
522
00:23:47,560 --> 00:23:49,596
and there's no one
named John Fox
523
00:23:49,629 --> 00:23:52,098
who lives at his address.
524
00:23:52,098 --> 00:23:54,601
- So that was a little bit
of a pucker moment.
525
00:23:54,634 --> 00:23:57,170
You know, like, "Oh, crap."
526
00:23:57,203 --> 00:23:59,939
We asked, "Do you have
internet service?"
527
00:24:00,040 --> 00:24:02,108
He goes, "Yeah,
as a matter of fact,
528
00:24:02,142 --> 00:24:03,610
I just got a new router."
529
00:24:03,643 --> 00:24:05,345
* *
530
00:24:05,378 --> 00:24:06,680
So we're like,
"All right, can we come inside
531
00:24:06,713 --> 00:24:08,581
and talk to you
about a situation?"
532
00:24:08,615 --> 00:24:11,651
He goes, "Yeah."
You know, "Come on inside."
533
00:24:11,685 --> 00:24:15,055
* *
534
00:24:15,088 --> 00:24:17,691
As soon as we walk
into the kitchen,
535
00:24:17,724 --> 00:24:19,059
right there
on the kitchen table,
536
00:24:19,092 --> 00:24:24,164
we can see a brand-new
wireless router.
537
00:24:24,197 --> 00:24:27,133
narrator: So new
that no security has
538
00:24:27,167 --> 00:24:28,968
been set up on it yet.
539
00:24:29,069 --> 00:24:31,838
Detective Dragos
realizes that means
540
00:24:31,871 --> 00:24:34,974
anyone could have tapped into
this internet service,
541
00:24:35,075 --> 00:24:38,845
and a quick check reveals
her theory to be correct.
542
00:24:38,878 --> 00:24:41,548
- It appeared that now
we had a rogue device
543
00:24:41,581 --> 00:24:43,216
on this wireless network.
544
00:24:43,249 --> 00:24:46,453
The homeowner just
had a new router,
545
00:24:46,486 --> 00:24:51,424
and it wasn't secured and was
logged into surreptitiously
546
00:24:51,458 --> 00:24:53,593
by this FishEYEFox user.
547
00:24:55,161 --> 00:24:56,896
narrator:
Detective Dragos knows that
548
00:24:56,930 --> 00:24:59,566
if the rogue device
is logged into this router,
549
00:24:59,599 --> 00:25:04,804
it must be close by, within
range of the Wi-Fi signal.
550
00:25:04,838 --> 00:25:06,573
- All right.
Well, where are they?
551
00:25:06,606 --> 00:25:08,842
They have to be
within a stone's throw.
552
00:25:08,875 --> 00:25:12,612
So let's try and figure out
where they are right now.
553
00:25:12,645 --> 00:25:14,748
So I'm like,
I can try to talk to them
554
00:25:14,781 --> 00:25:16,750
and stir the pot
and see what happens.
555
00:25:16,783 --> 00:25:19,552
So I have
an undercover account,
556
00:25:19,586 --> 00:25:21,888
and I'm like,
"Hey, what's up?"
557
00:25:21,921 --> 00:25:24,190
It was just a shot in the dark
to see, you know,
558
00:25:24,224 --> 00:25:27,660
if I could figure out where
the heck this computer was.
559
00:25:27,694 --> 00:25:30,964
I get a response
from FishEYEFox.
560
00:25:31,064 --> 00:25:34,601
So now I'm talking
to FishEYEFox myself.
561
00:25:34,634 --> 00:25:35,935
And so I'm like,
"Hey, what's going on?
562
00:25:35,969 --> 00:25:38,405
How you been?
When we getting together?"
563
00:25:38,438 --> 00:25:41,207
And he's, "Ah," you know,
"I'm back at school."
564
00:25:41,241 --> 00:25:44,411
* *
565
00:25:44,444 --> 00:25:46,146
So we're confounded right now.
566
00:25:48,948 --> 00:25:51,251
narrator: Detective Dragos
reaches out to her contact
567
00:25:51,284 --> 00:25:54,120
at America Online,
who is able to determine
568
00:25:54,154 --> 00:25:57,290
that John Fox,
AKA FishEYEFox,
569
00:25:57,323 --> 00:26:01,127
is now chatting from
a different location entirely.
570
00:26:01,161 --> 00:26:04,864
And we're like, "Well,
what's this other location?"
571
00:26:04,898 --> 00:26:10,036
They said it goes back
to SUNY Maritime...
572
00:26:10,036 --> 00:26:12,539
which is State University
of New York, Maritime College,
573
00:26:12,572 --> 00:26:15,108
which was a college
in the Bronx.
574
00:26:15,141 --> 00:26:17,143
* *
575
00:26:17,177 --> 00:26:19,646
narrator: A check with
the campus security office
576
00:26:19,679 --> 00:26:23,483
reveals there is a sophomore
enrolled at SUNY Maritime
577
00:26:23,516 --> 00:26:25,852
named John Fox.
578
00:26:27,354 --> 00:26:29,322
- It was after midnight,
I'm sure, at that point.
579
00:26:29,356 --> 00:26:31,558
And basically, we all responded
580
00:26:31,591 --> 00:26:33,493
in a caravan
from that location.
581
00:26:33,526 --> 00:26:35,562
Everybody drove out
to the Bronx
582
00:26:35,595 --> 00:26:38,665
to go and talk to John Fox.
583
00:26:38,698 --> 00:26:44,337
* *
584
00:26:44,371 --> 00:26:46,339
narrator:
The investigators coordinate
585
00:26:46,373 --> 00:26:50,710
with SUNY campus police to
locate John Fox's dorm room.
586
00:26:50,744 --> 00:26:52,612
- It's 1:00 a.m.
in the morning,
587
00:26:52,645 --> 00:26:54,647
and now you're going
to talk to someone
588
00:26:54,681 --> 00:26:57,350
whose part in this whole thing
is still unclear.
589
00:26:57,384 --> 00:26:59,085
* *
590
00:26:59,119 --> 00:27:03,256
We do know that John Fox is
connected to the screen name
591
00:27:03,289 --> 00:27:05,925
that Michael Sandy
was talking to.
592
00:27:08,561 --> 00:27:11,398
So everyone's antennas are up.
593
00:27:11,431 --> 00:27:13,366
* *
594
00:27:13,400 --> 00:27:16,136
narrator: When the 19-year-old
student comes to the door,
595
00:27:16,169 --> 00:27:21,041
he appears surprised,
but his demeanor is calm.
596
00:27:21,041 --> 00:27:23,576
- So the investigators
are now talking to John Fox
597
00:27:23,610 --> 00:27:25,879
at his dorm,
and they're asking him,
598
00:27:25,912 --> 00:27:28,381
"What was your weekend like?"
599
00:27:28,415 --> 00:27:29,949
And he proceeds to tell them,
600
00:27:30,050 --> 00:27:31,951
"Well, I was just hanging out
with some friends
601
00:27:32,052 --> 00:27:34,054
"and we were just
drinking some beers,
602
00:27:34,087 --> 00:27:35,889
"just chilling out
for the weekend.
603
00:27:35,922 --> 00:27:38,892
Just a few friends
having a good time."
604
00:27:38,925 --> 00:27:42,062
During this interview,
John Fox starts to get nervous.
605
00:27:43,630 --> 00:27:46,700
And his answers start
to contradict themselves.
606
00:27:48,435 --> 00:27:51,404
This is going from an interview
turning into an interrogation.
607
00:27:51,438 --> 00:27:55,375
[dramatic music]
608
00:27:55,408 --> 00:27:58,378
narrator: John Fox agrees
to accompany the detectives
609
00:27:58,411 --> 00:28:01,214
to the 61st Precinct
in Brooklyn.
610
00:28:01,247 --> 00:28:02,749
* *
611
00:28:02,782 --> 00:28:05,418
- John Fox is saying
in his statement
612
00:28:05,452 --> 00:28:08,655
that he and Anthony Fortunato
and Gary Timmons
613
00:28:08,688 --> 00:28:11,157
and the Russian kid, Alex,
614
00:28:11,191 --> 00:28:13,927
are hanging out
by a local deli.
615
00:28:14,027 --> 00:28:16,429
They decide to go back
to the house,
616
00:28:16,463 --> 00:28:20,600
where John Fox logs into
the computer.
617
00:28:20,633 --> 00:28:26,172
And he admits that FishEYEFox
is his screen name...
618
00:28:26,206 --> 00:28:29,442
but that his friends must have
been using his screen name
619
00:28:29,476 --> 00:28:31,945
to have a conversation,
620
00:28:32,045 --> 00:28:35,348
'cause he knew nothing
about this conversation.
621
00:28:35,382 --> 00:28:37,851
But then he starts
to turn around and say,
622
00:28:37,884 --> 00:28:40,453
"Well, you know, we were just
looking to have a little fun."
623
00:28:40,487 --> 00:28:41,621
* *
624
00:28:41,654 --> 00:28:43,056
What does that mean?
625
00:28:44,257 --> 00:28:47,827
What does it mean that we're
looking to have a little fun?
626
00:28:47,861 --> 00:28:50,330
And he starts to basically
incriminate himself.
627
00:28:51,965 --> 00:28:54,701
And he claims
Anthony Fortunato is the one
628
00:28:54,734 --> 00:28:58,371
who sort of hatched
this scheme
629
00:28:58,405 --> 00:29:03,009
to go into a gay chat room,
630
00:29:03,009 --> 00:29:05,478
talk with someone
who's looking to meet up
631
00:29:05,512 --> 00:29:08,682
with another man,
632
00:29:08,715 --> 00:29:11,217
and then meet up
with that person
633
00:29:11,251 --> 00:29:13,353
to rob them
under the assumption
634
00:29:13,386 --> 00:29:16,022
that the gay man won't
go to the police.
635
00:29:18,258 --> 00:29:20,427
- The reality that some folks
636
00:29:20,460 --> 00:29:23,029
actually feel
a certain amount of shame,
637
00:29:23,063 --> 00:29:25,298
and so they would be
less likely to report.
638
00:29:25,331 --> 00:29:27,467
They would be less likely
to make a complaint.
639
00:29:29,169 --> 00:29:33,640
- It's a very powerful
set of facts.
640
00:29:33,673 --> 00:29:36,042
There was something
particularly chilling
641
00:29:36,042 --> 00:29:38,845
about how this man was lured
642
00:29:38,878 --> 00:29:42,382
out to his death, basically.
643
00:29:42,415 --> 00:29:44,517
* *
644
00:29:44,551 --> 00:29:45,852
- It could have been anyone.
645
00:29:45,885 --> 00:29:47,354
They weren't looking
for a Black man,
646
00:29:47,387 --> 00:29:48,521
they weren't looking
for a white man,
647
00:29:48,555 --> 00:29:49,923
they were looking
for a victim.
648
00:30:01,067 --> 00:30:01,468
[tense music]
649
00:30:02,469 --> 00:30:05,405
narrator: John Fox admits
to NYPD detectives
650
00:30:05,438 --> 00:30:09,009
that he, Anthony Fortunato,
and a group of their friends
651
00:30:09,042 --> 00:30:12,379
used the screen name
FishEYEFox in a chat room
652
00:30:12,412 --> 00:30:14,647
to set up a meeting
with Michael Sandy
653
00:30:14,681 --> 00:30:16,416
under the guise of a date
654
00:30:16,449 --> 00:30:19,019
with the intention
of robbing him.
655
00:30:19,052 --> 00:30:21,254
[ominous music]
656
00:30:21,287 --> 00:30:23,390
- So they met on the street.
657
00:30:23,423 --> 00:30:25,725
John Fox and him
had a brief conversation.
658
00:30:25,759 --> 00:30:28,728
And Fortunato and then
a couple of their other friends
659
00:30:28,762 --> 00:30:30,897
actually were in the area.
660
00:30:30,930 --> 00:30:33,266
So Michael got spooked.
661
00:30:33,299 --> 00:30:34,768
You know,
his Spidey Sense was tingling.
662
00:30:34,801 --> 00:30:37,237
He left.
All was good.
663
00:30:39,005 --> 00:30:40,306
narrator:
Detectives believe that
664
00:30:40,340 --> 00:30:42,409
while Michael returned home,
665
00:30:42,442 --> 00:30:47,013
John Fox and his friends
didn't want to give up.
666
00:30:47,047 --> 00:30:48,682
- They start
drinking beers again,
667
00:30:48,715 --> 00:30:51,084
and they say, "Oh, maybe
we can find somebody else."
668
00:30:51,117 --> 00:30:55,355
You know, in the interim,
Michael reaches back out.
669
00:30:55,388 --> 00:30:56,923
Said "Hey, I just want
to hang out with you.
670
00:30:56,956 --> 00:30:58,324
"I don't to do a group thing,
671
00:30:58,358 --> 00:31:00,060
so let's just
me and you hang out."
672
00:31:00,060 --> 00:31:01,928
So John was like,
"All right, cool.
673
00:31:01,961 --> 00:31:03,296
We'll do that."
674
00:31:03,329 --> 00:31:04,497
So he came back.
675
00:31:04,531 --> 00:31:08,201
* *
676
00:31:08,234 --> 00:31:10,170
- They all get to Plumb Beach,
677
00:31:10,203 --> 00:31:12,972
and they approach
a blue Mazda,
678
00:31:13,073 --> 00:31:14,507
which is Michael Sandy's car.
679
00:31:14,541 --> 00:31:18,445
Alex starts to assault
Michael Sandy.
680
00:31:18,478 --> 00:31:20,714
Michael Sandy breaks away
from the assault,
681
00:31:20,747 --> 00:31:21,881
and they start to chase him.
682
00:31:21,915 --> 00:31:23,583
* *
683
00:31:23,616 --> 00:31:25,318
- Where was he going to go?
684
00:31:25,352 --> 00:31:26,720
If they were going
to prevent him
685
00:31:26,753 --> 00:31:28,755
from getting into his car...
686
00:31:28,788 --> 00:31:30,990
* *
687
00:31:31,091 --> 00:31:32,459
He's going on to the highway.
688
00:31:34,227 --> 00:31:39,366
- Imagine the sheer terror
that he was probably feeling
689
00:31:39,399 --> 00:31:41,101
when he's chased
onto a busy highway
690
00:31:41,101 --> 00:31:44,404
running for his life...
691
00:31:44,437 --> 00:31:47,974
and running into
a speeding vehicle.
692
00:31:48,008 --> 00:31:51,478
Those last seconds of his life
693
00:31:51,511 --> 00:31:54,114
were seconds
that he didn't deserve.
694
00:31:54,114 --> 00:31:55,548
* *
695
00:31:55,582 --> 00:31:59,185
- That car takes off.
Never stops.
696
00:31:59,219 --> 00:32:02,455
Then the men, they drag him
to the side of the road.
697
00:32:04,491 --> 00:32:06,626
One of them goes
into his pockets,
698
00:32:06,659 --> 00:32:09,129
empties everything,
and they take off.
699
00:32:09,162 --> 00:32:11,731
- John Fox, he says,
they all fled the scene.
700
00:32:11,765 --> 00:32:13,933
And then they all went
back to the house.
701
00:32:13,967 --> 00:32:17,637
And they were all shaken up
by this whole scenario.
702
00:32:17,671 --> 00:32:20,407
- It's almost like
classic, stupid kids,
703
00:32:20,440 --> 00:32:23,410
but there was a coldness
about it as well.
704
00:32:23,443 --> 00:32:28,248
* *
705
00:32:28,281 --> 00:32:30,350
narrator: Police begin
to investigate the friends
706
00:32:30,383 --> 00:32:33,486
John Fox says took part
in the scheme,
707
00:32:33,520 --> 00:32:36,656
and when they learned the home
address of Anthony Fortunato,
708
00:32:36,690 --> 00:32:40,427
the pieces of the puzzle start
to come together.
709
00:32:40,460 --> 00:32:44,097
Fortunato's house is next door
to the Brooklyn home
710
00:32:44,130 --> 00:32:46,433
the detectives visited
the night before
711
00:32:46,466 --> 00:32:50,103
where a rogue computer
was logged into the Wi-Fi.
712
00:32:51,604 --> 00:32:53,940
- So they go
to Anthony Fortunato's house
713
00:32:53,973 --> 00:32:55,642
to talk to him,
and he claims,
714
00:32:55,675 --> 00:32:56,943
"Yeah, I'll come talk to you.
715
00:32:56,976 --> 00:32:58,545
"I'm just going
to get a lawyer
716
00:32:58,578 --> 00:33:01,448
and I'll come down to the
station to talk to you guys."
717
00:33:01,481 --> 00:33:03,049
* *
718
00:33:03,083 --> 00:33:05,051
narrator:
But Fortunato never shows up
719
00:33:05,085 --> 00:33:07,554
at the precinct as promised.
720
00:33:07,587 --> 00:33:08,888
* *
721
00:33:08,922 --> 00:33:11,624
[phone ringing]
722
00:33:11,658 --> 00:33:14,694
- Then suddenly,
we get a call from his mother,
723
00:33:14,728 --> 00:33:17,063
stating that,
"Well, Anthony can't
724
00:33:17,097 --> 00:33:19,966
"come talk to you because
he's in the hospital.
725
00:33:20,066 --> 00:33:21,534
He tried to kill himself."
726
00:33:21,568 --> 00:33:26,606
* *
727
00:33:26,639 --> 00:33:29,909
However, John Fox has
implicated two other people,
728
00:33:29,943 --> 00:33:32,312
Gary Timmons and this other kid
729
00:33:32,345 --> 00:33:35,181
known as
"the Russian kid," Alex.
730
00:33:35,215 --> 00:33:37,550
So the investigators,
looking through Myspace
731
00:33:37,584 --> 00:33:40,587
with the information
given to them by John Fox,
732
00:33:40,620 --> 00:33:44,090
find out the Russian kid's
true identity is now revealed
733
00:33:44,090 --> 00:33:46,292
by someone by the name
of Ilya Shurov.
734
00:33:46,326 --> 00:33:48,895
So now investigators
can go talk to them.
735
00:33:48,928 --> 00:33:50,964
* *
736
00:33:50,997 --> 00:33:52,866
narrator:
Fox, Timmons, and Shurov
737
00:33:52,899 --> 00:33:55,669
all confessed to their roles
in the attack,
738
00:33:55,702 --> 00:34:01,074
pointing to Fortunato
as the mastermind of the plan.
739
00:34:01,107 --> 00:34:03,743
[somber music]
740
00:34:03,777 --> 00:34:05,445
* *
741
00:34:05,478 --> 00:34:07,747
Meanwhile,
at Brookdale Hospital,
742
00:34:07,781 --> 00:34:12,919
Michael Sandy's family
is facing a terrible choice.
743
00:34:12,952 --> 00:34:15,755
- So Michael Sandy's
in the hospital, unconscious.
744
00:34:15,789 --> 00:34:17,123
He's dying.
745
00:34:17,157 --> 00:34:18,758
He's not going to recover.
746
00:34:18,792 --> 00:34:21,294
The doctors know this.
747
00:34:21,327 --> 00:34:24,531
Doctors make the family
aware of this.
748
00:34:24,564 --> 00:34:28,068
And he will never be
the person that he was.
749
00:34:28,101 --> 00:34:29,769
* *
750
00:34:29,803 --> 00:34:31,371
narrator: On October 12th,
751
00:34:31,404 --> 00:34:34,374
Michael Sandy spends
his 29th birthday
752
00:34:34,407 --> 00:34:38,211
with his family holding vigil
in his ICU room.
753
00:34:38,244 --> 00:34:42,782
They know they are spending
their final moments with him.
754
00:34:42,816 --> 00:34:46,152
- They wanted to wait
755
00:34:46,186 --> 00:34:48,988
so that he didn't die
on his birthday.
756
00:34:49,089 --> 00:34:51,191
[heart monitor beeping]
757
00:34:51,224 --> 00:34:53,360
- So the day after
his 29th birthday,
758
00:34:53,393 --> 00:34:56,129
his family made that awful,
awful decision.
759
00:34:56,162 --> 00:34:59,532
* *
760
00:34:59,566 --> 00:35:01,768
- I received a call
from Mrs. Sandy and said,
761
00:35:01,801 --> 00:35:04,204
you know, "We took Michael
off life support."
762
00:35:04,237 --> 00:35:06,473
[somber music]
763
00:35:06,506 --> 00:35:11,044
So just always thinking
that this can't be true,
764
00:35:11,044 --> 00:35:13,513
but you know, these--
765
00:35:13,546 --> 00:35:15,315
these emotions just
kind of come over you,
766
00:35:15,348 --> 00:35:19,452
and I'm still trying
to process it.
767
00:35:19,486 --> 00:35:22,822
But...
768
00:35:22,856 --> 00:35:25,525
you know, you kind of
go through those moments
769
00:35:25,558 --> 00:35:31,364
when you can and be supportive
for the family, but...
770
00:35:31,398 --> 00:35:33,733
you kind of just
feel your whole body
771
00:35:33,767 --> 00:35:35,301
collapse in that moment.
772
00:35:35,335 --> 00:35:39,139
It takes your breath away,
you know, in that moment.
773
00:35:39,172 --> 00:35:42,342
* *
774
00:35:42,375 --> 00:35:45,345
- You need to let him go.
775
00:35:47,080 --> 00:35:50,850
You feel robbed, you know?
776
00:35:50,884 --> 00:35:52,452
You really...
777
00:35:54,421 --> 00:35:57,691
Especially when it comes
with an act
778
00:35:57,724 --> 00:35:59,859
that has such malice
779
00:35:59,893 --> 00:36:03,797
for anything of joy
and life and love.
780
00:36:03,830 --> 00:36:06,833
[tense music]
781
00:36:06,866 --> 00:36:09,769
* *
782
00:36:09,803 --> 00:36:11,871
narrator: Investigators
now have statements
783
00:36:11,905 --> 00:36:14,107
from three of their suspects,
784
00:36:14,140 --> 00:36:16,876
but they still can't speak
with Anthony Fortunato,
785
00:36:16,910 --> 00:36:19,145
the alleged mastermind
of the scheme,
786
00:36:19,179 --> 00:36:22,882
who remains hospitalized
after his suicide attempt.
787
00:36:22,916 --> 00:36:25,752
While they wait
for his condition to improve,
788
00:36:25,785 --> 00:36:29,289
they execute a search warrant
at his home.
789
00:36:29,322 --> 00:36:32,292
* *
790
00:36:32,325 --> 00:36:34,894
- We go back out
to the location,
791
00:36:34,928 --> 00:36:38,331
and when law enforcement
gets there, they said,
792
00:36:38,365 --> 00:36:40,133
"All right,
you're looking for computers.
793
00:36:40,166 --> 00:36:41,468
"Here's our computer.
794
00:36:41,501 --> 00:36:44,637
This is the only computer
we have."
795
00:36:44,671 --> 00:36:47,140
But we're able to actually
look at the computer
796
00:36:47,173 --> 00:36:49,342
and immediately say, "No,
797
00:36:49,376 --> 00:36:50,910
that's not the computer
we're looking for,"
798
00:36:50,944 --> 00:36:56,282
because you know, it is mapped
to the manufacturer.
799
00:36:56,316 --> 00:36:57,817
And in this case,
800
00:36:57,851 --> 00:36:59,886
we knew we were looking
for a Dell computer.
801
00:36:59,919 --> 00:37:01,621
The computer that
they happened to, like,
802
00:37:01,654 --> 00:37:03,757
pull out of a hat and say was
803
00:37:03,790 --> 00:37:06,526
the only computer in the house
was not a Dell,
804
00:37:06,559 --> 00:37:09,229
so we're like, "No, try again."
805
00:37:10,663 --> 00:37:12,932
And they didn't have
any other computers
806
00:37:13,033 --> 00:37:15,669
that they were willing
to voluntarily turn over,
807
00:37:15,702 --> 00:37:17,671
so a search
of the residence commenced
808
00:37:17,704 --> 00:37:19,506
as authorized
by the search warrant.
809
00:37:19,539 --> 00:37:23,843
Hidden in the basement
was a Dell laptop.
810
00:37:25,045 --> 00:37:28,581
That was the computer that was
connected to the IP address
811
00:37:28,615 --> 00:37:32,786
that was connected to
FishEYEFox during the crime.
812
00:37:32,819 --> 00:37:36,623
So we knew we found
what we were looking for.
813
00:37:36,656 --> 00:37:39,793
It basically was
the smoking gun.
814
00:37:39,826 --> 00:37:41,961
narrator: By the time
Fortunato is released
815
00:37:42,062 --> 00:37:45,198
from the hospital,
Kings County prosecutors
816
00:37:45,231 --> 00:37:47,233
are prepared to act.
817
00:37:47,267 --> 00:37:50,804
They now have everything
they need to file charges
818
00:37:50,837 --> 00:37:53,139
of attempted robbery
and manslaughter,
819
00:37:53,173 --> 00:37:54,708
but they're also considering
820
00:37:54,741 --> 00:37:56,843
a unique enhancement
to the charges
821
00:37:56,876 --> 00:38:00,413
that's rarely
been tried before.
822
00:38:00,447 --> 00:38:03,016
- This was
a real social problem
823
00:38:03,016 --> 00:38:06,453
that people were being targeted
as victims of a crime
824
00:38:06,486 --> 00:38:08,855
because they belonged
to certain groups.
825
00:38:08,888 --> 00:38:10,357
* *
826
00:38:10,390 --> 00:38:12,892
And in this case,
827
00:38:12,926 --> 00:38:15,362
they were looking
to select a gay person,
828
00:38:15,395 --> 00:38:17,530
and that's what they did.
829
00:38:29,876 --> 00:38:30,643
[ominous music]
830
00:38:31,544 --> 00:38:33,413
narrator:
Four men are facing charges
831
00:38:33,446 --> 00:38:36,616
in the attack
that killed Michael Sandy.
832
00:38:38,151 --> 00:38:41,321
And prosecutors are prepared
to also try them
833
00:38:41,354 --> 00:38:45,558
on a rare and untested
set of charges.
834
00:38:45,592 --> 00:38:49,796
- This was one of the first
cases I can recall clearly
835
00:38:49,829 --> 00:38:53,433
where the hate crimes
enhancement was actually used
836
00:38:53,466 --> 00:38:56,369
in New York state
for an anti-gay murder.
837
00:38:56,403 --> 00:38:58,171
* *
838
00:38:58,204 --> 00:39:01,741
And I think it was important
for the community
839
00:39:01,775 --> 00:39:04,778
for this to be called
what it was.
840
00:39:04,811 --> 00:39:07,013
It had a lot of meaning
for people.
841
00:39:07,013 --> 00:39:09,082
[tense music]
842
00:39:09,115 --> 00:39:11,918
narrator: On October 25, 2006,
843
00:39:12,018 --> 00:39:14,788
John Fox, Ilya Shurov,
844
00:39:14,821 --> 00:39:17,691
and Anthony Fortunato
are indicted on charges
845
00:39:17,724 --> 00:39:20,360
of second-degree murder,
attempted robbery,
846
00:39:20,393 --> 00:39:22,629
and manslaughter
as a hate crime.
847
00:39:22,662 --> 00:39:25,832
That same day, Gary Timmons,
848
00:39:25,865 --> 00:39:28,101
who was a minor
at the time of the crime,
849
00:39:28,134 --> 00:39:32,605
pleads guilty to attempted
robbery in the second degree.
850
00:39:32,639 --> 00:39:34,240
- You want to make sure
851
00:39:34,274 --> 00:39:37,644
that when a case is tried
as a hate crime,
852
00:39:37,677 --> 00:39:40,413
it has to specifically
plug into the statutes
853
00:39:40,447 --> 00:39:41,848
of the hate crimes law.
854
00:39:41,881 --> 00:39:44,417
And the sentence that
is usually handed down
855
00:39:44,451 --> 00:39:46,286
is a much heavier sentence.
856
00:39:46,319 --> 00:39:47,887
[suspenseful music]
857
00:39:47,921 --> 00:39:50,290
narrator: But as the date
of trial approaches
858
00:39:50,323 --> 00:39:53,560
in October 2007,
nearly a year to the day
859
00:39:53,593 --> 00:39:56,262
from the attack
on Michael at Plumb Beach,
860
00:39:56,296 --> 00:40:00,433
Anthony Fortunato's attorney
mounts a stunning defense
861
00:40:00,467 --> 00:40:03,136
to the hate crime charges.
862
00:40:03,169 --> 00:40:06,740
- Fortunato tried to pull
a rabbit out of the hat
863
00:40:06,773 --> 00:40:08,008
and said,
it can't be a hate crime,
864
00:40:08,041 --> 00:40:11,544
because he came out
of the closet himself.
865
00:40:11,578 --> 00:40:14,147
He identified himself
as being a gay man
866
00:40:14,180 --> 00:40:17,517
and said that because he's gay,
it can't be a hate crime
867
00:40:17,550 --> 00:40:20,286
because you can't hate
gay people if you're gay also.
868
00:40:21,688 --> 00:40:25,925
- It was an extremely flimsy
defense legally,
869
00:40:25,959 --> 00:40:30,764
because hate is not an aspect
of the crime itself.
870
00:40:30,797 --> 00:40:33,266
That's not something
that the prosecution
871
00:40:33,299 --> 00:40:35,268
has to establish
in order to establish
872
00:40:35,301 --> 00:40:37,837
somebody's guilt
of a hate crime.
873
00:40:37,871 --> 00:40:40,607
He could have mixed motives,
874
00:40:40,640 --> 00:40:42,475
but it doesn't
get him off the hook.
875
00:40:42,509 --> 00:40:43,977
From the get-go,
876
00:40:44,010 --> 00:40:48,548
the whole plan was based
on targeting a gay person.
877
00:40:48,581 --> 00:40:51,518
[somber music]
878
00:40:51,551 --> 00:40:54,254
* *
879
00:40:54,287 --> 00:40:56,790
narrator: John Fox
and Anthony Fortunato
880
00:40:56,823 --> 00:40:59,959
are acquitted of murder,
but convicted of manslaughter
881
00:41:00,060 --> 00:41:02,729
and attempted robbery
as hate crimes,
882
00:41:02,762 --> 00:41:06,666
receiving sentences
of seven to 21 years.
883
00:41:08,134 --> 00:41:11,071
A month later,
Ilya Shurov pleads guilty
884
00:41:11,071 --> 00:41:13,907
to the same charges
and receives a sentence
885
00:41:13,940 --> 00:41:16,509
of 17 1/2 years.
886
00:41:16,543 --> 00:41:20,347
Gary Timmons, who testifies
as a prosecution witness,
887
00:41:20,380 --> 00:41:24,551
receives a four-year sentence.
888
00:41:24,584 --> 00:41:26,486
* *
889
00:41:26,519 --> 00:41:28,088
- When they were found guilty,
890
00:41:28,121 --> 00:41:30,323
it was a natural release
891
00:41:30,357 --> 00:41:34,994
to have some vindication.
892
00:41:35,095 --> 00:41:40,266
But I don't know
about the justice part.
893
00:41:40,300 --> 00:41:42,102
- I absolutely cannot say
894
00:41:42,102 --> 00:41:46,606
as to whether or not justice
was served in this case.
895
00:41:46,639 --> 00:41:48,408
Maybe it's
for Michael's parents
896
00:41:48,441 --> 00:41:50,744
to answer that question,
897
00:41:50,777 --> 00:41:54,114
for Michael's soul or spirit
to answer that question,
898
00:41:54,147 --> 00:41:55,648
even, in an odd way,
899
00:41:55,682 --> 00:41:57,951
for his perpetrators
to answer that question,
900
00:41:57,984 --> 00:42:00,120
because I would have
a hard time feeling
901
00:42:00,153 --> 00:42:04,357
that justice was served
if they did not come
902
00:42:04,391 --> 00:42:09,062
to understand the gravity
and tragedy of what they did.
903
00:42:10,830 --> 00:42:14,401
- This case sort of impacted
me on a personal level...
904
00:42:14,434 --> 00:42:16,569
'cause back in 2006,
905
00:42:16,603 --> 00:42:21,074
I was a single, gay man
on the internet,
906
00:42:21,107 --> 00:42:24,277
talking to people
and meeting up with people.
907
00:42:24,310 --> 00:42:25,979
For all practical purposes,
908
00:42:26,079 --> 00:42:29,949
I could have been
Michael Sandy.
909
00:42:29,983 --> 00:42:35,155
* *
910
00:42:35,188 --> 00:42:37,123
narrator: Michael Sandy's
closest friends
911
00:42:37,157 --> 00:42:40,093
are left with nothing now
except their memories
912
00:42:40,093 --> 00:42:43,163
and a few artifacts
of his last days,
913
00:42:43,196 --> 00:42:46,599
like this video
from the fall of 2006
914
00:42:46,633 --> 00:42:48,601
when he enjoyed
a final evening out
915
00:42:48,635 --> 00:42:51,905
in Brooklyn with his friends.
916
00:42:51,938 --> 00:42:55,608
[soft dramatic music]
917
00:42:55,642 --> 00:42:56,943
- Can I put my glasses on?
918
00:42:56,976 --> 00:42:58,778
- I've been single
for, like, five years.
919
00:42:58,812 --> 00:43:00,547
I've lived on Long Island
forever.
920
00:43:00,580 --> 00:43:01,514
No one ever wanted
to take me to dinner.
921
00:43:01,548 --> 00:43:02,949
No one would ever go out.
922
00:43:03,049 --> 00:43:04,951
You know, I moved here
to find a husband.
923
00:43:05,051 --> 00:43:07,520
[laughter]
- Stop!
924
00:43:07,554 --> 00:43:09,322
* *
925
00:43:09,356 --> 00:43:12,192
That is too much.
926
00:43:12,225 --> 00:43:14,928
Um, you heard his laugh.
927
00:43:14,961 --> 00:43:16,863
- You know, I moved here
to find a husband.
928
00:43:16,896 --> 00:43:20,400
[laughter]
- Stop!
929
00:43:20,433 --> 00:43:23,203
* *
930
00:43:23,236 --> 00:43:27,107
- He was a wonderful
human being from head to toe.
931
00:43:27,140 --> 00:43:29,142
- It's wonderful.
932
00:43:29,175 --> 00:43:30,110
- It's rocking.
933
00:43:30,143 --> 00:43:34,981
- He exudes this wonderful
light that shines
934
00:43:35,081 --> 00:43:38,218
and magical laughter
and smiles.
935
00:43:38,251 --> 00:43:42,789
And he loved life
to the fullest.