Alone on Christmas Eve, Ben is preoccupied by the new surveillance video evidence presented by Cornell and pays a visit to his lawyer John Garner. When Garner tells him he is going to be charged, Ben has a meltdown at the thought of getting arrested. Garner also informs him that if he can’t remember what happened the night Tom was killed, he can’t testify and will need to take a plea. Arriving home, Ben gets a call from Natalie, who expresses how miserable Christmas is at Michael’s. Christy has a phone conversation with Ben that doesn’t end well.
Dave shows up bearing gifts. In particular, he has a special gift for Ben: it’s the flashlight. Ben is ecstatic that his friend saved him from prison. The two decide to get rid of the flashlight – after all, everyone is with their families since it is Christmas. They take the flashlight to the abandoned warehouse Kevin took Ben. When Dave hesitates over the location, Ben assures him that because of what happened to him, no one would expect Ben to return there. They get rid of the flashlight once and for all, burying it deep underground.
After ditching the flashlight, Ben and Dave drive to Michael’s to see Natalie and Abby, unbeknownst to Christy. When they arrive, Christy is furious at Ben and the two get into a heated argument. Christy begins to call the police on Ben; Dave points out Natalie and Abby, who are watching the whole ordeal on the balcony. Christy runs after a tearful Abby while Ben and Dave leave. Back home, Ben expresses his worry over the case, telling Dave everything his lawyer told him and his concern over the fact that he can’t remember anything the night Tom was killed. It was the night Christy found out Ben cheated on her.
With a guilty conscience, Dave finally comes clean: he drugged Ben that night. Ben is outraged that Dave never told him. In tears, Dave reasons that he was going but was too scared. Ben eventually understands why he did it and Dave apologizes, determined to help him remember that fateful night. A flashback shows a usually calm and collected Ben getting uncharacteristically drunk, even bothering a lady at the bar. Ben tells Dave about the surveillance video. When Ben starts to believe he could have killed Tom, Dave is adamant he didn’t and suggests recreating the night to get to the bottom of it.
Dave and Ben go back to the bar. The same lady Ben upset is back and wary of him; he offers to buy her an apology drink and she obliges. He tells her they are trying to remember that night and she tells him about the picture he was waving around. The photo was of Christy’s ultrasound. When Cornell went to the bar and questioned everyone, she thought the photo Ben showed was of Tom, which is why she thought Ben knew Tom was his. It also comes to light that Ben made the call to Jess to warn her that Christy knew about them – not because he was going to kill Tom. With that cleared, they move on.
The two are set to part ways since Ben went home by himself that night. Before they leave, Ben reaches into the pocket and finds a tooth: it was Tom’s tooth. The memories come flooding back to Ben now. Ben and Garner go to Cornell and present her with the tooth. Ben tells Cornell that he can’t remember anything from that night because he was drugged. He shows her the picture of the ultrasound and clarifies it isn’t of Tom. He also explains he and Dave retraced the steps and it wasn’t until he found the tooth that his memory started coming back.
Ben tells Cornell he took the cab home and went to Jess’ house to warn her that Christy knew about them. He went inside as the door was unlocked, only to find Jess sleeping. As he was leaving, he saw Tom standing there and put him back to bed. When Tom mentions the tooth fairy didn’t take his tooth yet, Ben takes Tom’s tooth and puts money under the pillow for him. Ben firmly tells Cornell that he now knows that he didn’t kill Tom. Later, Ben goes to Jess and tells her what happened that night. She expresses her happiness that Tom got to feel what it was like to be Ben’s son.
Ben receives a phone call from Garner, who has had a revelation. His theory is that Christy may be the killer. He also brings up their divorce and the fact that she has money, revealing the $25,000 check that he received came from her. When Ben tells him she doesn’t have that kind of money, Garner reminds him that he is a twice-divorced criminal attorney. He informs him that Christy is hiding cash and there’s a lot more of it. Ben searches the house and finds exactly what he’s looking for in the attic: a moneybox filled with stacks of cold hard cash.