Directed by Constantine Makris
Written by Lynn E Litt, Matt Witten, & Richard Sweren
After a race-related riot in Harlem, a middle-class white teenager named Michael Tobin is found dead. It is discovered he died after being beaten by local men, who saw him getting out of a police car and thought he was an informant. But there is no evidence of him ever working with the police. The detectives discover that Officers Smith and Flannery left the victim in the neighborhood - knowing he (an obviously wealthy white kid) would be targeted during the riot. The mayor's office decides that just charging Smith and Flannery with endangerment isn't enough, and would send a message that the police are above the law. Schiff orders McCoy to charge Smith and Flannery with murder on the grounds of reckless indifference. The case quickly becomes politically contentious.
Smith and Flannery claim they pulled Tobin over for driving while stoned. He sarcastically told them to go to Harlem and arrest a "real criminal", so they decided to teach him a lesson by leaving him there. McCoy offers a plea deal for manslaughter, but Schiff won't allow it. The defence successfully requests to refer the case upstate to Albany, arguing that Smith and Flannery won't receive a fair trial in New York City. Schiff doesn't want this to happen and insists McCoy make a deal with them. Their lawyer isn't interested, and now wants to take his chances with a jury in Albany. But the defendants are concerned that a jury in Albany will rule against them because Smith is Black. They accept a deal for manslaughter. Schiff isn't happy but accepts that at least the case is out of the news.
This episode contains examples of:
- "Angry Black Man" Stereotype: Several minor characters in the episode fit this stereotype.
- Asshole Victim: Smith and Flannery claim Tobin was arrogant, privileged and racist, leading them to decide to teach him a lesson by leaving him in Harlem which he stated was full of criminals.
- Crazy Homeless People: The riot broke out when a mentally ill homeless man was beaten and arrested by white police.
- Dating What Daddy Hates: Allie's father didn't approve of his daughter's interracial relationship, forcing her to sneak around.
- Domestic Abuse: The investigation reveals Smith was abusive towards his wife, and going through court-mandated therapy at the time of Tobin's death.
- Halfway Plot Switch: The first half of the plot focuses on the investigation into Tobin's death. The second half involves the question of what Smith and Flannery should be charged with.
- Morton's Fork: McCoy sees the case as this. If Smith and Flannery are charged, it will paint the people of Harlem as violent criminals; if they are not charged, it will give the impression that the police are above the law.
- Outliving One's Offspring: The victim's parents are alive throughout this episode.
- Police Brutality: The case hinges on this.
- Pushover Parents: The Tobins don't seem to have disciplined Michael much.
- The Stoner: The victim was one.
