"In the criminal justice system, sexually-based offenses are considered especially heinous." "In New York City the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit." "These are their stories." "Morning." "Hey." " Hey, honey." " Is that smoothie for me?" "It is now." "Love the heels, but be careful in the park." "They'll catch in the grass." "Mom, I'll be fine." "Love you." " Love you." " Bye, Dad." "Where's Mom?" "Left a note, had to work a double." "Eee!" "Okay, I'm hitting the park." "All right, cool." "Check you later." "Afternoon, Darius!" " This yours?" " Yeah." "Keep it out of English class, but keep drawing." "You have talent." " You have talent." " Shut up." "_" "That was nice." "All right, here's your money." "Here's your money." "I was about to give you a little bit more than..." " There's more." " No, that's it." " What happened to the coins?" " Where's my money?" "I didn't see you dancing, little girl." "Yo, check out this dude in the dress." "Nah, son." "That's a tore-up girl." "Only one way to find out." "Let's go home." "I'm hungry." "Hey, what's up with the skirt?" "Excuse me." "He asked you a question." "You one of them he-shes?" "Maybe you got a bra on under there." "Let's see, tranny." "Nah, that can't be a girl, man." " Nah, that's a dude." " Get away from me." "What the hell?" "Beat his ass." " Come on, slut." " Get away." "Yo, just record it, just record it." "Darius, we're gonna get in trouble." "You want it?" "That's not funny." "Okay, white girl." "You're not getting that camera back, uh-uh." "Just give it back." "Aw, she likes you, Darius." "They dancing now." "Get off me, you freak." "We got to go." "We got to go." "Come on." " Run." " Come on." "Let's get out of here." "Run, man." "Come on." "Look." "Down there." "Hey." "Is she conscious?" "In and out, and she's not a she." "Transgender?" "Boy dressed as a girl, that makes him... her a special victim, right?" "Yeah, good call." "So, what, 4:00 in the afternoon, and these two are the only witnesses?" "Yeah, tourists, they stuck around, said everyone else ran." "Everyone else?" "Apparently three black kids were teasing him... her... pulling up the skirt." "Some others were egging them on, recorded it." "Then the vic got pushed off the bridge and everyone ran." "What high schools are around here?" "Private, Felix Adler Academy." "Public, Shirley Chisholm." "Three guesses which kids went where." "I was taking pictures on the bridge when they surrounded me." "Avery, can you describe them?" "Black, my age." "They were giving me the look." "What look is that?" "The "freak needs to learn a lesson" look." "I tried to go, but they started saying stuff." "What were they saying?" "Tranny." "He-she." "My personal fave." "I told them to leave me alone." "One grabbed my skirt, another my camera." "I was pushed, and I tripped on my heels." "Avery, can you remember anything else about the boys, anything they said or that they did?" "It was all a blur of shoving, people laughing, taking video." "This isn't the first time, and the local precinct never follows up." "We will." "We take this very seriously." "I give you my word, Mr. Parker." "You got something?" "Well, we were checking social media, lensing the area where the crime occurred, and these finally popped up." ""These"?" "Three separate cell phone videos so far." "They all begin after it started, but you get the idea." "Let's see, slut." " What's under there?" " Beat his ass." "Oh, he's slapping him around." "Darius, we're going to get in trouble." "All these people watching." "Nobody helps." " How long do they go on?" " To the fall." " Aw, she likes you Darius." " They dancing." "Just give it back." "Get off me, you freak." "Do we have any idea who posted these?" "Well, according to Facebook, it's two sophomores and one junior from Shirley Chisholm." "That's it, guys, let's go, full court." "_" "I didn't do nothing." "I just took a video." "You watched a person get assaulted and thrown over a bridge." "I didn't touch that freak show, and why is he wearing a skirt, acting all... whatever." "Who were the guys messing with Avery?" "I don't know." "That's your job." " Yo, they slapping him around." " This is deeply disturbing." "Yes, it is, and three different students from your school posted those videos." "Well, let me be clear." "This behavior is in no way indicative of our community." "We strive for inclusion." "We understand." "Who are these kids?" "All right, quiet." "Keon Williams and Markus Green, come with me." " Why?" " We didn't do nothing." "Now." "Why are you looking for Darius?" "It's a police matter." "Where is he?" "He was here before school began, very upset about something." "I told him we could talk after lunch." " He live nearby?" " He won't be there." "He hates the projects." "There is one place he likes to go." "_" "Darius McCrae?" "Hey, NYPD." "Darius, get up." "Come on." "I didn't do anything." "Come on, Darius, stand up." "Let's make this easy." "Yes, sir." "So you're saying it wasn't your fault?" "That tranny started it, all up in our face with, you know, being weird." "That boy goes around dressed like a girl?" "You should be talking to his parents, not my son." "Well, they're in the hospital, and you're here, so think about that." "Markus, did you beat up on a girl?" "He's not a girl, Grandma." " He's one of them he-shes." " Wow." "Acts like one, wears makeup." " Why would anyone do that?" " That's not the issue." "The issue is your grandson pushed a kid off a bridge." "You did what?" "I didn't push him off a bridge, Grandma." "I swear." "Then you better tell them who did." " I don't know." " Markus, look at me." "I know that your grandmother did not raise you to lie." "It was Darius." "He's a grade above me." "Have a seat." "Am I going to jail?" "When your mom gets here we need to talk, but the best thing to do is tell the truth." "You want a soda, a sandwich or something?" "My stomach's not feeling good." " Darius?" " This way, ma'am." "I'm Sergeant Benson." "Ms. McCrae." "I'm Detective Tutuola." "This is Detective Rollins." "I'm sorry, Mom." "I didn't mean to do anything bad." "What do they think you did?" "A teenager was assaulted in Fort Tryon Park and is now in the hospital." "I didn't mean to hurt him." "Darius is a good kid." "He takes care of his little sister." "He goes to... to church." "Okay, well, ma'am, we still just need to talk to him, okay." "But he's only 15." "Which is why we waited for you." "We needed you to be here while we read him his rights." "We were just talking to him." "I asked what was up with the dress." "So Markus and Keon were telling the truth?" "It was your idea?" "Yes, but we were all messing with him, tried to lift up the skirt." "Darius, why would you do that?" "I didn't want my friends to think I was gay." "So you were being tough around your boys." "Is that why you pushed Avery?" "No, he fell on me, and I just pushed him away." "I didn't mean for him to go over the bridge." "Then why'd you run?" "Because it was the worst thing I ever did." "I thought I killed someone." "This kid seems genuinely upset." "The other two, they just think it's funny." "Yeah, well, the other two didn't push Avery off a bridge." "I mean, she could have died." "Bright side, all three confessed." "We got the video evidence." "We're done." "Look, the video is shaky." "The kids are underaged." "I just don't want anyone claiming that those confessions were coerced." "Let's see if Avery can come in and make an ID." "You got it." "Number four." "Number one." "Three." "You did great, Avery." "They look smaller in there, scared." "Well, they should be, Avery." "They're in trouble." "Did they say why they did this to me?" "I'm not stupid." "I wasn't being cheeky." "It wasn't anything you did." "We need to get back to the hospital." "Excuse me..." "Are you the Parkers?" "I'm Darius' mother." "Mrs. McCrae, now may not be the best time." "Hold on." "I want to hear her out." "My son is really sorry for hurting you." "Did he tell you why he did this to me?" " Avery, let's go." " Just wait a minute." "Ask him, please." "Okay, we need to leave, now." "Come on, this way, folks." "Wait, my son has to spend the night here?" "No, he's gonna be able to go home." "The desk sergeant's gonna give you a appearance ticket for tomorrow in family court." "I have to work tomorrow." "I'm a home care attendant." "Well, you're gonna have to call in sick." "You got to be there." "Those poor parents, right?" "Yeah." " You want one?" " Yeah, please." "Hey, Rollins... let me ask you something." "What makes a boy decide to be a girl?" "I mean, is it that he likes boys?" "He just doesn't want to be gay?" "Um..." "There's a difference between gender identity and sexuality, Carisi." "Yeah, yeah." "You know, my parents, they think this is all about getting attention." "Uhhuh." "You were a 14-year-old boy once." "And would you or any other boy you knew put on a skirt if it didn't come from a really real place?" "No, not a chance." "_" "Good afternoon." "Which one of you is Marcus Green?" " Come with me, please." " Counselor, you want us inside?" "If I need anything, I'll let you know." "Keon Williams?" "Excuse me, I'm missing work." "I'll let you know when it's your turn, okay?" "Keon?" "It won't be long." "Thank you so much, Ms. Cox." "I promise you." "Keon has learned his lesson." " The other boys got probation?" " That will be my recommendation." "It's their first offense, and they were both very clear that Darius was the one who started this." "They were going at him, too." "But you were the one who pushed Avery off the bridge." "I didn't mean to." "I just bugged out." "He was touching me." "You "bugged out."" "Did it have anything to do with Avery wearing a skirt?" "I'm sorry, my boy's not prejudiced." "I was just afraid." "How do you think Avery felt?" "This is not fair." "The other boys get probation, but she wants my Darius to do three months in juvie?" "That's what she wants." "A judge still has to rule." "She also told me that if it goes to trial," "Darius could get a year." "I said I wanted to talk to a lawyer, but she said no one was available today." "Well, that's your right." "They're gonna have to wait." "Talk to that lady about Darius." "Let her know he's..." "he's no thug, and he's had a lot to deal with." "I'll do what I can." "Darius, we have to pick up your sister." "Detective Tutuola, can you make sure Avery gets this?" "I need him to know I'm sorry." " What's that, drawings?" " It's an apology." "Well, and it's an admission of guilt." "You know, if you were Avery, would you want to hear anything that Darius has to say right now?" "My son got the crap kicked out of him when he was a boy just for being gay." "No one ever apologized to him." "Darius McCrae wrote something for me?" "He did." "He wanted to apologize." "You don't have to read it if you don't want to." "No, I do." ""If I could get a do-over, I wouldn't do it."" "_" "Did you tell him I was into graphic novels?" "No, we didn't know." "The boys took a plea." "Does that mean Avery won't have to testify?" "The third boy, Darius, is speaking with a lawyer, so we should know more tomorrow." "What Avery's gone through, she's a tough kid." "You must be proud." "Yeah, we are." "Code blue." "Code blue." "That's Avery's room." " Clear." " Let's go." "My baby!" "Please, you have to wait outside." " No!" " No." " Avery?" " No, come on." " Check the heart..." " No pulse." "Let's... go on, just give them some room." " Let's go again." " Nothing." "Come on, Avery." "Stay with me, honey." "Stay with me." "Clear!" "One minute Avery's fine and then she's gone just like that?" " What happened?" " A fatty embolism." "Oh, no." "From the fractured leg, right?" "Yes." "When the femur fractured, fatty globules were released." "They traveled to the lungs." "Death is almost instantaneous." "So this embolism was a direct result of Avery's fall?" "No question." "Excuse me." "Oh, God." "What do we say to them?" "I'm sorry?" "Never gets easier." "Mr. and Mrs. Parker..." "I'm so sorry." "Thank you." "The M.E. confirm cause of death?" "Saddle embolism to the lungs, direct result of the broken femur from the fall." "No intervening cause." "What does that mean for these boys?" "Well, Markus and Keon didn't push her." "They didn't cause the death." "But Darius McCrae did." "Sergeant Benson, we need to talk about the Avery Parker murder." "Of course." "Kenneth O'Dwyer, meet Pippa Cox." "It's nice to see you again, Ms. Cox." "You'll want to be in on this meeting, too." "The D.A.'s office is taking over the prosecution." "Hold up." "Now, you know Darius McCrae's only 15 years old?" "Yes, and if he's tried in family court, he'll be charged with juvenile delinquency and be back out on the street again when he's 18." "You're looking to charge him as an adult?" "Second-degree manslaughter." "We can charge that in family court." "We can, but we won't, and I want to attach a hate crime." "Okay, wow." "There's an epidemic of attacks on trans persons." "We have to take a stand." "Yes, but I don't think that this is that case." "Darius seems like a good kid." "He went after Avery, he taunted her, and he pushed her off a bridge." "But you want to charge a 15-year-old as an adult?" "He could get 20 years." "It's more like seven, and while I appreciate your sympathy for Darius McCrae, we can't wait for a more overtly evil perp." "We have to draw a line." "Darius and I, we feel horrible that Avery died, but that was because of something that went wrong at the hospital." "Well, the autopsy shows that it was a complication resulting from the fall." "So what does..." "what does that mean?" "They're charging him with manslaughter." "He'll be tried as an adult." "My Darius?" "Mm, Mm-mm-mm." "Mm-mm." "He's... he's just a kid." "But the DA and the mayor want to send a message that hate crimes aren't acceptable in New York City." "Hate crimes?" "The only person Darius hates right now is himself." "I'm sorry." "This is where we are." "You said Darius was in his room?" "No, you got to take him right now?" "Yeah, he's got to be arraigned." "Can you call him, please?" "Darius?" "Darius, can you come here, please?" " Detective Tutuola?" " You have to come with us." "Darius." "_" "It's been wonderful to hear so many people talk about Avery's life today." "You don't know me, but I feel like I know all of you." "I was Avery's therapist, and she told me about the people who were important to her, like Melody and Rain, who embraced her the first day Avery wore a dress to school." "Avery was inspired by the compassion of her classmates, her teachers, and even the police." "This is Avery's legacy;" "tolerance, love, forgiveness." "Thank you." " Thank you for coming." " Beautiful, beautiful ceremony." "Avery was loved." "I can see that." "We heard that Darius McCrae is gonna be charged as an adult." "I wish the DA had come to the service." "Everything Avery believed was about forgiveness." "Well, the DA wants to make sure that what happened to Avery never happens again." "How?" "By locking up a 15-year-old?" "Tell the DA that's not what we want." "Lisa, please." "It's not what Avery would want." " Excuse me." " Of course." "Look, we feel the same way." "All right, I'll call you back." "That was Barba." "He argued that the case should stay in family court, and that's when O'Dwyer stepped in." "O'Dwyer's no dummy." "The new DA says jump," " he laces up his sneakers." " Counselor." "Well, at least you're not bad-mouthing me behind my back." "Look, I'm sorry, Counselor." "It's just, you know," "Avery's mom wants this in family court." "I know." "I got your messages." "I spoke to her." "You just ignored her wishes?" "She's suffered a terrible loss." "I told her that she could speak at the sentencing hearing." "Sentencing hearing?" "Darius's lawyer is pleading guilty?" "Not exactly." "He's asked for a bench trial." "Bench trial?" "So he's using the Clarence Darrow strategy." "Juries are more emotional than judges, so if you give a judge absolute power to declare someone guilty..." "They're less likely to impose a harsh sentence." "Yeah." "_" "It was Darius's idea." "Yo, what's up with the skirt?" "He saw Avery on that bridge." "He asked you a question." "He said we should see what's under that skirt." " Get away from me." " Let's see, tranny." "What's under there?" "Darius called Avery a tranny?" "Yeah, then he grabbed at his skirt." "And what was happening here?" "I tossed the camera to Darius." "He played keep-away." "When Avery reached for it, he fell on Darius." "It's not funny." "And Darius, like, wigged out." "He just pushed him off that bridge." "What happened next?" "I took Avery's initial statement." "She had a concussion and a broken femur." "How did Avery describe the attack?" "Avery felt targeted, bullied." "She was upset about the slurs used: tranny, slut, he-she." "Later, after she ID'd Darius, she made it very clear to me that she was not "being cheeky."" "She'd done nothing to provoke them." "Avery died two days later." "The M.E. has already testified that her death was a result of that assault." "Do you agree?" "Yes, there were no intervening factors." "The saddle embolism that killed Avery was a direct result of the broken femur caused by the fall." "Thank you, Doctor." "Ms. Davis, you have been Darius's English teacher and advisor for the past two years." "Has he ever had a problem with LGBTQ students?" "No." "Darius has a little sister, which may be why he was protective of younger students being bullied, including one instance, a student I believe to be gay." "And he himself has been affected by violence?" "Yes, last Christmas Darius saw his older cousin get shot." "It made an impact." "His behavior changed." "He began to study, really apply himself." "He didn't want to become a statistic." "He wanted to graduate, become a graphic artist." "He's quite talented." "And the day after his encounter with Avery," " how did he behave?" " He was distraught." "We were going to talk, but then the police came." "I know the video looks bad, Your Honor, but Darius is not a bad kid." "He has a good heart, and I know it's no excuse, but he's never been exposed to transgender people, and I think he just got..." "confused." "Thank you, Ms. Davis." "Nothing further." "Mr. O'Dwyer?" "No questions." "How are you two holding up?" "We need to be here for Avery." "We also feel Darius should be found guilty." "I'm just worried about what'll happen to him when he is." "Judge Barth keeps an open mind, so." "Olivia?" "Dr. Lindstrom." "Let me walk you guys in, all right?" "Thank you, great." "The victim's parents." "They may not like my testimony." "Well, despite their loss they've managed to find some compassion for Darius." "Grace is usually a better choice than bitterness." "_" "Darius McCrae is 15 years old, and, like most male teenagers, his impulse control is not quite evolved." "The amygdala, that part of the brain which is responsible for impulsive behavior, is very active." "More so than reasoning and judgment?" "Yes." "That is controlled by the frontal lobe, which is still developing well into an average person's 20s." "What, in your medical opinion, happened to Darius when he encountered Avery Parker?" "Avery was someone very different from the biological boys Darius knows, someone "other" in ways that were threatening to a boy just beginning to mature sexually and emotionally." "Do you think that Darius could have been motivated by hate that afternoon?" "No, I think it had much more to do with Darius' own insecurity." "He was flooded with fear and the need to show his peers that he was a straight... a "real"... man." "In conversations with Darius, it became clear that he had very little exposure to transgender individuals, certainly not enough to develop either tolerance or hatred." "Thank you, Doctor." "Nothing further." "You testify that Mr. McCrae had little exposure to transgender persons, that he was flooded with fear when he saw Avery, yet he deliberately approached her." "He called her a tranny, a slut." "He even said, "Let's see what's under that skirt."" "He was posturing for his friends, yes." "Was he?" "When he taunted Avery, when he harassed her, when he killed her, that was nothing but poor judgment, lack of impulse control typical of all teenagers?" "Many teenagers when compared to adults, yes." "That's why most violent crime is committed by youths under the age of 25, and it's certainly why a 15-year-old should not be tried as an adult." "So, what, give him a mulligan?" "Boys will be boys?" "Are you saying that when Mr. McCrae singled out a member of a protected class, taunting Avery because of her gender identity, he wasn't discriminating?" "I don't believe so, no." "Then why didn't he push someone else off the bridge?" "As I said, his insecurity caused him to react impulsively." "The same could be said of gay-bashing, skinhead violence," " and even lynchings." " Objection, Your Honor." "Sustained, I'll disregard." "Have you an actual question, Mr. O'Dwyer?" "I guess my question is isn't that why we have hate crime laws in this state?" "Those laws should be for adults." "This case is exactly when we should remember that the mind of a child is still forming, and it is very different than the mind of an adult." "Well, I think we need to remember that there are hundreds of thousands of children in New York City, yet only Darius McCrae pushed another child off a bridge because, as you said, Avery was "other."" "When I saw Avery fall off the bridge," "I felt sick to my stomach." "I feel sick all the time now." "Why is that?" "'Cause I know how it feels to lose someone you love, like your... like your guts are being ripped out, and that's what I did to Avery's parents." "I didn't want him..." "her to die." "I didn't hate Avery." "I can never forgive myself." "Thank you, Darius." "Mr. O'Dwyer?" "You say that you did not mean to push Avery off the bridge." "Why were you on the bridge in the first place?" "I just wanted to talk to Avery." "Talk or tease?" "A little bit of both, I guess." "And that was a choice that you made?" "Yes, sir." "When you approached Avery, did she ask to be left alone?" "Yes, sir." "And yet you grabbed at her skirt." " Was that a choice?" " Yes, sir." "And when you wouldn't give Avery her camera back," " was that a choice?" " Yes, sir." "But pushing her was not a choice?" "No, he just fell on me, and I just reacted." "Why did Avery fall?" "Is it because you made the choice to go after her, to tease her, to taunt her?" "Why would you do that?" "I don't know." "I don't even know, sir." "I'm so sorry." "I'm so sorry." "We all are, Mr. McCrae." "Nothing further." "I understand you have one last witness, Mr. Varma?" "Yes, Your Honor, Mr. Eric Parker." "With all due respect to Mr. Parker, his testimony is clearly more appropriate for a victim impact statement." "Your Honor, he only approached me yesterday, and I do believe that Mr. Parker's testimony will influence your decision as to the hate crime charge itself." "All right, I'll allow it." "Will you explain to the court what that is, Mr. Parker?" "An apology drawing from Darius to Avery." "Avery saw this shortly before she died." "It meant a lot." "I know Avery felt forgiveness toward Darius." "Defense Exhibit D, Your Honor." "Mr. Parker, you wish to testify on behalf of the defendant, the boy who has caused your family so much pain?" "Yes." "My wife and I want to make sure that Avery's death means something, that no transgender child should ever again be singled out or hurt, but we also want to make sure that the tragedy is not compounded by the tragedy" "of taking another child away from his family." "Thank you for your compassion." "Do I think Darius McCrae left home that morning with the intent to kill Avery Parker?" "No, but intent can be formed in an instant, and in that instant Mr. McCrae saw Avery as "other,"" "someone he could taunt, tease, someone he could push off a bridge." "Darius knows that what he did was wrong." "That's evidenced by his remorse and the apology letter he drew." "Now, what happened on that bridge was tragic, but sending a 15-year-old boy to prison for an instant's loss of control will not bring Avery back." "We have heard that Mr. McCrae is a good kid, that his actions were not motivated by hatred, but one purpose of punishment is deterrence, to send a message that there are some actions not acceptable to society." "Avery's parents have asked this court for mercy." "They believe the message that Avery would want to send is one of compassion." "Is sending a 15-year-old boy to an adult prison really what's best for society?" "Are we living in the Dark Ages, an eye for an eye?" "This is two lives lost." "Transgender teens have a tough road." "They're ostracized, bullied, driven to suicide." "I don't normally go against the wishes of a victim's parents, but I never want to see another child die simply for being who they are." "Thank you, Counselors." "I appreciate all of your arguments." "We'll take a short recess." "I thought it was real nice of Mr. Parker to say the things that he said." "Mmhmm." "It's gonna be okay, isn't it?" "I hope so, Ms. McCrae." "The judge is coming back in." "Okay." "Are we all settled?" "Will the defendant please rise?" "I was moved by what witnesses said about your character and capacity, Mr. McCrae." "I was particularly moved by Mr. Parker's testimony." "However... it is unrealistic to believe that violence against protected classes can be extinguished without appropriate punishment under the law." "Darius McCrae, I find you guilty of manslaughter in the second degree with the hate crime statute attached." "No, that's my baby!" "Order, order." "Darius McCrae, you are hereby remanded to Brookwood Secure Center until your 18 birthday, at which time you will be transferred to Green Haven Correctional Facility to serve out the remainder of your seven-year term." "Court is adjourned."