When Emma opened her front door in the morning, Barba was already stood there. The grand jury was convening at 9am so they had forgone their daily run in order to drive. Locking up they made their way to the car and drove to the courthouse. Olivia had texted Emma that morning saying she would meet her there. Rafael kept muttering under his breath. Emma looked at him.

' Nervous?'

' What? Oh no, but it will be difficult, A young black boy, killed by three police officers. As much as i know he fit the description. I still don't believe he deserved to die.'

Emma put her hand on his knee and squeezed lightly.

'And that right there is what makes you human. Just keep thinking that in your mind.' Rafael smirked and looked at her.

' Isn't this your first rodeo?'

'Yeah. so?'

' And yet you're giving me advice when this is what i do every day?'

She pulled her hand back, crossed her arms and huffed.

' Well I'll make sure i don't bother next time!' Rafael knew she wasn't really offended by the slight smile on her face. He held her hand briefly and squeezed before putting his back on the wheel.

' Thanks Em.' He swore he hadn't seen her smile so brightly.

Walking into Barba's office they saw Olivia there watching the tv. She turned.

'We've got a problem.' She turned up the sound and they listened.

Thank you for coming today. I'd like to warn you that what you are about to see is as graphic as it is tragic. We've obtained cell phone footage of Terrance Reynolds running for his life from the police. A resident of the building across the way took it from his window. Here we see Terrance desperately trying to open a locked door while reaching for his keys.

Stop!

Hands where i can see 'em!

He attempts to put his hands up, turning towards the officer to comply with his commands. The officers begin firing their weapons. Here it is in slow motion.

Watch closely. He keeps trying to put his hands up even after his body hits the ground but the officers just continue to fire until the ninth and final bullet pierces his body.

R - This changes things.

O - Doesn't change a damn thing.

R - It does, It's out there.

O - Hold on, I know this looks bad, but this is not the angle that they had. If it were, of course they would never have taken the shot. They were in the heat of a chase. Following procedure. They were doing what any cop would have done in their situation.

R - Any cop? Even you?

RC - Anyone who's seen the smoking guns video knows that Terrance Reynolds was shot in cold blood for the crime of running while black.

Olivia walked out, Emma was about to follow when she hesitated. Striding across the office she gave Rafael a hug.

'Good luck Rafa.'

(In the courtroom.)

Fin - When we arrived at the bodega, we secured a security still of the suspect which closely matched our sketch of the rapist.

R - I'm this security photo, as well as the sketch, the suspect clearly has an afro. Terrance Reynolds hair was short-cropped.

Fin - With the cap, it's hard to tell, but they both wore a distinctive basketball jersey

R - Just to be clear, Terrance Reynolds... the man who was killed by police gunfire... was not at this ATM?

Carisi - No, but at the time , we had no way of knowing that. The 10 - 13 that came in said the suspect was running towards the Clayton Powell houses.

R - And what is a 10-13?

Carisi - Officer in need of assistance. Any cop that hears that, he drops what he's doing. He responds.

R - To your knowledge, was any officer actually in danger at that moment?

Carisi - They were on the heels of someone they believed to be an armed and violent rapist, so yeah, that would constitute danger.

R - If the suspect was much younger than the actual rapist, unarmed, and innocent, what would that constitute?

Carisi - Hindsight.

R - Is that what you would say to Mr Reynolds family?

Mr Reynolds - Terrance was a good son, he um, was working part-time at an animal hospital while he was going for his degree.

R - Has your son ever been charged with a crime, Mr Reynolds?

Mr Reynolds - (scoffs) He'd been ticket a few times. Once for running a stop sign on his bicycle, uh, once for a possession of a joint.

R - Nothing violent?

Mr Reynolds - No. Never.

R - Why do you think he ran that night when the cops stopped him?

Mr Reynolds - In our neighbourhood, relations with the police are not good. Many of Terrence's friends get arrested for no reason. They can't make bail. They lose their jobs. My son.. didn't do anything wrong, but he knew that wouldn't make a difference. He was just trying to go home.

Captain - When the suspect hid in the doorway, he moved his hand towards his belt in a way that indicated he might be reaching for a weapon. In no way is this reckless endangerment. In no way is this criminally negligent homicide. If it were me, i would have believed that our lives and the lives of bystanders were in danger. I would have done what my officers did.

R - Your officers made the assumption that he's reaching for a gun and not his keys?

Captain - They are trained to assess the situation by experience. In this case they were told the suspect had a weapon. So yes.

R - Would the assumption have been different if they'd been chasing a young white woman or a man in a suit?

Olivia - Well that's not a fair comparison. The officers were in pursuit of Mr. Reynolds because he matched the description of a dangerous rapist.

R - Lieutenant, how many rape suspects have you chased in your career?

O - I don't know. Uh, a hundred?

R - And how many times have you believed your life could be in danger? Would dozens be a fair estimate?

O - okay

R - According to your file, you've shot two such suspects. Is that correct?

O - Yes that's correct.

R - So you've had dozens of suspects run, even pull weapons on you... yet, time and time again, you've chosen not to shoot. Terrence Reynolds was shot. Why?

O - In my opinion, all police procedures were followed.

R - He was not facing them. Could they have waited, called for back up? They were also wearing vests. Could they have waited even half a second?

O - Waited for what? For their partner to be shot? For their own head to be blown off? They followed procedure. I cannot speak to what i would have done in that situation because i was not in that line of fire.

R - neither were any of the other officers. I'll ask again: Can you think of any option these officers had besides shooting Terrence Reynolds?

O - In my opinion, all police procedures were followed.

R - The victims of the rapist you believed you were pursuing were family member of a police officer. Could that have influenced your decision to shoot?

Officer - We were told he had a gun on the right side of his waistband. I shot because i thought the suspect was reaching for that gun.

R - But you didn't see a gun.

Officer - I saw him reach for his waistband. He was turning toward Officer Dumas. I was in fear for his life and mine. That's when instinct took over.

R - You fired 16 times, emptying your magazine after Terrance Reynolds was on the ground. Why?

Officer - We are trained to shoot until we perceive that there is no longer a threat. In the chaos, with bullets ricocheting, you fire until the shooting stops.

R - So you, Detective Campesi, and Sergeant Donlan, all thought the suspect was reaching for a gun? You ALL thought your lives were in danger?

Officer - Yes.

R - The only difference being, Detective Dumas, you fired just three shots. Why's that?

Officer - As i said, the situation was chaotic, but i and my fellow officers followed procedure.

R - Just to clarify for the jury, I'd like to show a video taken by a bystander.

Stop!

Hands where i can see 'em

(gunshots)

R - Do you recall this moment Detective?

Officer - Yes.

R - your fellow officers continued firing after the suspect was down.

Officer - we still didn't see his hands. We still had reason to believe he was armed.

R - so why did you stop firing?

Officer - Again, i didn't have the angle that you have here now.

R - Could it have been that you perceived that the threat had been eliminated?

Officer - I guess

R - you guess? Is it possible you had second thoughts? Do you think you should have waited to determine whether Terrence Reynolds was, in fact, armed? Was, in fact, an actual threat?

Officer - I..I don't know

R - If you and your fellow officers had waited half a second longer, Terrence Reynolds would be alive today? Would you agree with that?

Officer - Yes.

(Barba standing in front of the grand jury.)

You have in front of you the charges of reckless endangerment in the first degree or criminally negligent homicide.

Jury foreman - Before we vote, is it possible for us to indict on more serious charges?

R - Excuse me?

JF - Well, i don't think we're looking at recklessness or negligence. I..I think we're looking at murder here. Can...Can we bring a charge like that?

R - That is within your purview, but i would like the grand jury to understand that in order to prove manslaughter one or above, you have to prove intent. That's a much higher legal standard requiring an increased level of men's rea.. intent versus negligence.

JF - We'd like you to explain that standard, You know for manslaughter, murder, whatever. You know, walk us through everything.

R - I can, but before i do I'd like to see a show of hands. How many of you would like to hear a definition of those charges?

We are extremely grateful that the grand jury has decided to indict Sergeant Donlan and Detective Campesi on manslaughter one, and Detective Dumas on reckless endangerment. This is the first step towards justice for Terrance. We will do continue to do everything we can to make sure these officers are held accountable.

Emma watched Olivia and the rest of the team grumble about Barba. She didn't quite agree. He tried his best to get the lesser charges but the jury asked him outright if they could indict more serious ones. Saying goodnight to the team she stopped off at the store and then made her way home. After changing she grabbed the bottle of scotch and the orange juice she'd bought, and made her way upstairs.

Rafael sat on his couch with his head in his hands. He felt guilty. He wholeheartedly believed that Terrence did not deserve to die but he felt guilt that the officers had been indicted for worse than what he was going for. He knew Olivia and the team were pissed at him. That would blow over but he felt disappointed that the first case Emma sees him in action is one where he's resulted in not getting what he wants and pissing everyone off in the interim.

KNOCK KNOCK.

Heaving himself off the couch he opened his door and stopped. There stood Emma, dressed in her PJ's with a bottle of his favourite scotch and a carton of orange juice in her hands.

' Need some company?' She asked quietly, then without waiting for an answer she squeezed passed him and went into the apartment. Despite how shit the day went. Rafael smiled.