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1984 New York City Subway shooting

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1984 New York City Subway shooting
Part of mass shootings in the United States
LocationNew York City, New York, U.S.
DateDecember 22, 1984; 38 years ago (1984-12-22)
Attack type
Shooting
WeaponSmith & Wesson Model 38
Deaths0
Injured4 (Barry Allen, Troy Canty, Darrell Cabey, James Ramseur)
MotiveSelf-defense (disputed)
ConvictedBernhard Hugo Goetz
Verdict
  • Guilty of third-degree criminal possession of a weapon
  • Not guilty on remaining charges
Charges
LitigationGoetz ordered to pay $43 million to Cabey in civil trial for reckless and deliberate infliction of emotional distress
Sentence1 year in jail (released after 8.5 months)

On December 22, 1984, Bernhard Goetz (/ˈɡɛts/[1]) shot four young black men on a New York City Subway train in Manhattan after they allegedly tried to rob him.[2][3][4][5] Goetz fled to Bennington, Vermont before surrendering to police nine days after the shooting; he was charged with attempted murder, assault, reckless endangerment, and several firearms offenses. A jury subsequently found Goetz guilty of one count of carrying an unlicensed firearm and acquitted him of the remaining charges; for the firearm offense, he served eight months of a one-year sentence. In 1996, Darrell Cabey, one of the men Goetz shot, who was left paraplegic and brain damaged as a result of his injuries, obtained a $43 million civil judgment against Goetz.[6]

Initially, Goetz, dubbed the "Subway Vigilante" by the New York press, received widespread public recognition and support. To his supporters, Goetz came to symbolize New Yorkers' frustrations with the high crime rates of the 1980s. But public opinion became divided as Goetz's statements and details of the shooting were released by the prosecution.[7] Questions of what impact race—and racism—had on Goetz, the public reaction, and the criminal verdict were hotly debated. The incident sparked a nationwide debate on crime in major U.S. cities, the legal limits of self-defense, and the extent to which the citizenry could rely on the police to secure their safety.[4] The incident has been cited as leading to successful National Rifle Association campaigns to loosen restrictions for concealed carrying of firearms.[8]

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New York City Subway

New York City Subway

The New York City Subway is a rapid transit system in the New York City boroughs of Manhattan, Brooklyn, Queens, and the Bronx. It is owned by the government of New York City and leased to the New York City Transit Authority, an affiliate agency of the state-run Metropolitan Transportation Authority (MTA). Opened on October 27, 1904, the New York City Subway is one of the world's oldest public transit systems, one of the most-used, and the one with the most stations, with 472 stations in operation.

Manhattan

Manhattan

Manhattan is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state of New York. Located near the southern tip of New York State, Manhattan is based in the Eastern Time Zone and constitutes both the geographical and demographic center of the Northeast megalopolis and the urban core of the New York metropolitan area, the largest metropolitan area in the world by urban landmass. Over 58 million people live within 250 miles of Manhattan, which serves as New York City’s economic and administrative center, cultural identifier, and the city’s historical birthplace. Residents of the outer boroughs of New York City often refer to Manhattan as "the city". Manhattan has been described as the cultural, financial, media, and entertainment capital of the world, and hosts the United Nations headquarters. Manhattan also serves as the headquarters of the global art market, with numerous art galleries and auction houses collectively hosting half of the world’s art auctions.

Bennington, Vermont

Bennington, Vermont

Bennington is a town in Bennington County, Vermont, United States. It is one of two shire towns of the county, the other being Manchester. As of the 2020 US Census, the population was 15,333. Bennington is the most populous town in southern Vermont, the second-largest town in Vermont and the sixth-largest municipality in the state, including the cities of Burlington, Rutland, and South Burlington.

Attempted murder

Attempted murder

Attempted murder is a crime of attempt in various jurisdictions.

Assault

Assault

An assault is the act of illegally committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, Assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. In many jurisdictions, assault is defined as an attempt to commit battery, which is the intentional application of physical force against another person. In some jurisdictions, assault is also defined as the intentional infliction of fear, apprehension, or terror. Assault may be punishable by a fine, imprisonment, or even death depending on the severity of the offense.

Endangerment

Endangerment

Endangerment is a type of crime involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person. There are several kinds of endangerment, each of which is a criminal act that can be prosecuted in a court. In some U.S. states, such as Florida, substantially similar language is used for the crime of culpable negligence.

Crime in the United States

Crime in the United States

Crime in the United States has been recorded since its founding. Crime rates have varied over time, with a sharp rise after 1900 and reaching a broad bulging peak between the 1970s and early 1990s. After 1992, crime rates began to fall year by year and have since declined significantly. This trend lasted until 2015, when crime rates began to rise slightly. This reversed in 2018 and 2019, but violent crime increased significantly again in 2020. Homicide rate in the U.S. continues to be high, with four major U.S. cities ranked among the 50 cities with the highest homicide rate in the world in 2019. Despite the increase in violent crime, particularly murders, between 2020 and 2021, the quantity of overall crime is still far below the peak of crime seen in the United States during the late 1980s and early 1990s, as other crimes such as rape, property crime and robbery continued to decline. The aggregate cost of crime in the United States remains high, with an estimated value of $4.9 trillion reported in 2021.

Self-defense

Self-defense

Self-defense is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions.

National Rifle Association

National Rifle Association

The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent gun rights lobbying organization while continuing to teach firearm safety and competency. The organization also publishes several magazines and sponsors competitive marksmanship events. According to the NRA, it had nearly 5 million members as of December 2018, though that figure has not been independently confirmed.

Concealed carry

Concealed carry

Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from surrounding observers. In the United States, the opposite of concealed carry is called open carry.

Incident

In the early afternoon of Saturday, December 22, 1984, four young men from the Bronx, 19-year-olds Barry Allen, Troy Canty, and Darrell Cabey, and 18-year-old James Ramseur, boarded a downtown 2 train (a Broadway–Seventh Avenue express). Canty would later testify that the teenagers were en route to rob a video arcade in Manhattan;[3] Allen had previously pleaded guilty to breaking into a video-game machine, and each of the teenagers had been previously arrested or convicted of various charges.[9] Goetz boarded the train at the 14th Street station in Manhattan.[10] At the time, about fifteen to twenty other passengers were on the R22 subway car, the seventh car of the ten-car train.[11]: 23 [12]

Troy Canty approached Goetz and made some overture for money:[13] According to Canty, he said, "Can I have $5?"[14] According to Goetz, Canty said, "Give me five dollars" in a "normal tone" of voice.[3][15] Goetz subsequently pulled a handgun and fired five shots at the four, wounding them all. Cabey's spine was severed, resulting in brain damage and partial paralysis.

Shooter: Bernhard Goetz

Bernhard Hugo Goetz was born in the Kew Gardens neighborhood of New York City's Queens borough on November 7, 1947.[16] His parents were German immigrants who met in the U.S.[17][18] His father was Lutheran; his mother, who was Jewish, converted to Lutheranism.[19][20][12]: 10 [21] While growing up, Goetz lived with his parents and three older siblings in Upstate New York, where his father ran a dairy farm and a bookbinding business.[22] Goetz attended boarding school in Switzerland[23] before returning to the United States to earn a bachelor's degree in electrical engineering and nuclear engineering from New York University.[22] By this time, the family had relocated to Orlando, Florida; Goetz joined them and worked at his father's residential development business. After a divorce, Goetz moved back to New York City, where he started an electronics business out of his Greenwich Village apartment.[22]

Goetz reported that he had been the victim of a robbery in the Canal Street subway three years prior to the shooting.[15][24] He said that three black teens had smashed him into a plate-glass door and threw him to the ground, injuring his chest and knee.[25][11] Goetz struggled with one of the teens until police arrived, and the alleged attacker claimed that Goetz had, in fact, assaulted him.[25] Goetz was, to his frustration, detained for six hours, while the person he accused was released in two and a half hours.[25] Goetz subsequently applied for a permit to carry a concealed handgun, on the basis of routinely carrying valuable equipment and large sums of cash, but his application was denied for insufficient need. He bought a 5-shot .38-caliber revolver during a trip to Florida.[22]

Goetz had previously used racist language: Myra Freedman, Goetz's neighbor, reported overhearing Goetz having said, "The only way we're going to clean up this street is to get rid of the spics and niggers" at a community meeting 18 months before the shooting.[25][26] Friedman's account was excluded from the criminal jury trial as hearsay,[27]: 472  but, in a subsequent civil action, Goetz admitted to having used both epithets at a neighborhood meeting.[28]

Goetz's flight and surrender

After the shooting, Goetz asked two frightened passengers if they had been injured, and both said they were not. Shortly afterwards, the train conductor entered the car and loudly exclaimed, "What's going on?" He approached Goetz and asked what happened. Goetz pointed to the north end of the car and then told him, "I don't know ... they tried to rob me and I shot them."[11]: 102  The conductor then went to the passengers to check if they were injured before returning to Goetz and asked if he was a police officer, which Goetz denied, and he then asked Goetz for the gun, which Goetz refused to turn over.[11]: 102 

Goetz subsequently took a cab back to his 14th Street home and, in a rented car, fled north to Bennington, Vermont, where he burned the blue jacket he had been wearing and scattered pieces of the revolver in the woods.[29] He stayed at various hotels in New England for several days.[29]

On December 26, an anonymous hotline caller told New York City police that Goetz matched the gunman's description, owned a gun, and had been mugged previously.[30][31] On December 29, Goetz called his neighbor, Myra Friedman, who told him that police had come by his apartment looking for him, and had left notes asking to be contacted as soon as possible.[25] He gave his side of the story to Friedman and described his psychological state at the time:[25]

Myra, in a situation like this, your mind, you're in a combat situation. Your mind is functioning. You're not thinking in a normal way. Your memory isn't even working normally. You are so hyped up. Your vision actually changes. Your field of view changes. Your capabilities change. What you are capable of changes. You are under adrenaline, a drug called adrenaline. And you respond very quickly, and you think very quickly. That's all. ... You think! You think, you analyze, and you act. And in any situation, you just have to think more quickly than your opposition. That's all. You know. Speed is very important.

Goetz returned to New York City on December 30, turned in the car, picked up some clothing and business papers at his apartment, rented another car, and drove back to New England. Shortly after noon the next day, he walked into the Concord, New Hampshire, police headquarters and told the officer on duty, "I am the person they are seeking in New York."[31]

Police interview

Once the officer realized that Goetz was a genuine suspect, Goetz was given a Miranda warning, and he waived his right to have an attorney present. After an interview that lasted over an hour, a Concord detective asked Goetz to consent to making an audiotaped statement. Goetz agreed, and a two-hour statement was recorded. That evening, New York City detectives and an assistant district attorney arrived in Concord, and Goetz submitted to a two-hour videotaped interview. Both interviews were eventually played back for the grand juries, the criminal trial, and a civil trial years later. When the audiotape was first played in open court, Goetz was described by The New York Times as "confused and emotional, alternately horrified by and defensive about his actions, and obsessed with justifying them."[32]

Goetz told police that he felt that he was being robbed and was at risk of violence, and he explained he had been both mugged once before and nearly mugged several times:[15] I’ve been situations where I’ve shown the gun. ... The threat, when I was surrounded, at at that point, showing the gun would have been enough, but when I saw this one fellow [(Canty)], when I saw the gleam in his eye . . . and the smile on his face ... and they say it’s a joke and lot of them say it’s a joke."[15][33]

But when I saw his eyes, up to that point my state of mind changed and you go through a different state of mind where reality totally totally changes. ... You just, you don’t think, just act. Speed is everything, speed is everything. ... When he said, “Give me five dollars,” I pulled out the piece I just started firing. Now it's ... on point to look at what you're firing at. You just target images in your mind. ... You do what you have do as quickly as possible. You don’t think. ... That was number one, I got rid of number one ...

Got rid of number two. They say I shot him in the back. That doesn’t even matter. I wasn’t even aiming for the back. You aim for the center. One of the fellows looked like he was trying ... I don’t know. I don’t know if he was facing from the front or the back, whatever. But it seemed as if he was trying to get through the steel wall of the subway car. But he couldn’t. I let him have it, and I let off the other guys have it. The one who that was pretending he wasn’t with them, and I ran up to the first two to check them ... and they were taken care of. It was all very cold-blooded, Miss. And this is going to offend everyone. And I went back to the other two to check on them. I wanted to know if I had missed and I, but I ... went to them a second time and I looked at him and — he can’t verify this because he was probably out of it by then, if I shot him or not, I don’t know — and I said, “You seem to be doing all right, here’s another.”

— Bernhard Goetz, to the FBI[15]

Asked what his intentions were when he drew his revolver, Goetz replied, "My intention was to murder them, to hurt them, to make them suffer as much as possible."[34] Later in the tape, Goetz said, "If I had more bullets, I would have shot 'em all again and again. My problem was I ran out of bullets." He added, "I was gonna, I was gonna gouge one of the guys' [Canty's] eyes out with my keys afterwards", but said he stopped when he saw the fear in his eyes.[35] He denied any premeditation for the shooting, something that had been speculated on by the press.[11]: 58 

Goetz called New York City "lawless" and expressed contempt for its justice system, calling it a "joke", a "sham", and "a disgrace".[36]

Arraignment and bond

Goetz was brought back to Manhattan on January 3, 1985, and arraigned on four charges of attempted murder, with bail set at $50,000. He was held in protective custody at the Rikers Island prison hospital.[37] Refusing offers of bail assistance from the public and from his family, he posted bail with his own funds and was released on bond January 8.[38]

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2 (New York City Subway service)

2 (New York City Subway service)

The 2 Seventh Avenue Express is a rapid transit service in the A Division of the New York City Subway. Its route emblem, or "bullet", is colored red since it uses the IRT Broadway–Seventh Avenue Line through most of Manhattan.

IRT Broadway–Seventh Avenue Line

IRT Broadway–Seventh Avenue Line

The IRT Broadway–Seventh Avenue Line is a New York City Subway line. It is one of several lines that serves the A Division, stretching from South Ferry in Lower Manhattan north to Van Cortlandt Park–242nd Street in Riverdale, Bronx. The Brooklyn Branch, known as the Wall and William Streets Branch during construction, from the main line at Chambers Street southeast through the Clark Street Tunnel to Borough Hall in Downtown Brooklyn, is also part of the Broadway–Seventh Avenue Line. The IRT Broadway–Seventh Avenue Line is the only line to have elevated stations in Manhattan, with two short stretches of elevated track at 125th Street and between Dyckman and 225th Streets.

Kew Gardens, Queens

Kew Gardens, Queens

Kew Gardens is a neighborhood in the central area of the New York City borough of Queens. Kew Gardens is bounded to the north by the Union Turnpike and the Jackie Robinson Parkway, to the east by the Van Wyck Expressway and 131st Street, to the south by Hillside Avenue, and to the west by Park Lane, Abingdon Road, and 118th Street. Forest Park is to the west and the neighborhood of Forest Hills to the north-west, Flushing Meadows–Corona Park north, Richmond Hill south, Briarwood southeast, and Kew Gardens Hills east.

New York City

New York City

New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over 300.46 square miles (778.2 km2), New York City is the most densely populated major city in the United States and more than twice as populous as Los Angeles, the nation's second-largest city. New York City is located at the southern tip of New York State. It constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the U.S. by both population and urban area. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous megacities, and over 58 million people live within 250 mi (400 km) of the city. New York City is a global cultural, financial, entertainment, and media center with a significant influence on commerce, health care and life sciences, research, technology, education, politics, tourism, dining, art, fashion, and sports. Home to the headquarters of the United Nations, New York is an important center for international diplomacy, and is sometimes described as the capital of the world.

Queens

Queens

Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long Island, and Nassau County to its east. Queens shares water borders with the boroughs of Manhattan, the Bronx, and Staten Island.

Lutheranism

Lutheranism

Lutheranism is a major branch of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched the Protestant Reformation. The reaction of the government and church authorities to the international spread of his writings, beginning with the Ninety-five Theses, divided Western Christianity. During the Reformation, Lutheranism became the state religion of numerous states of northern Europe, especially in northern Germany, Scandinavia and the then-Livonian Order. Lutheran clergy became civil servants and the Lutheran churches became part of the state.

Bachelor's degree

Bachelor's degree

A bachelor's degree or baccalaureate is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six years. The two most common bachelor's degrees are the Bachelor of Arts (BA) and the Bachelor of Science. In some institutions and educational systems, certain bachelor's degrees can only be taken as graduate or postgraduate educations after a first degree has been completed, although more commonly the successful completion of a bachelor's degree is a prerequisite for further courses such as a master's or a doctorate.

Electrical engineering

Electrical engineering

Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the latter half of the 19th century after commercialization of the electric telegraph, the telephone, and electrical power generation, distribution, and use.

Nuclear engineering

Nuclear engineering

Nuclear engineering is the branch of engineering concerned with the application of breaking down atomic nuclei (fission) or of combining atomic nuclei (fusion), or with the application of other sub-atomic processes based on the principles of nuclear physics. In the sub-field of nuclear fission, it particularly includes the design, interaction, and maintenance of systems and components like reactors, power plants, or weaponry. The field also includes the study of medical and other applications of radiation, particularly Ionizing radiation, nuclear safety, heat/thermodynamics transport, nuclear fuel, or other related technology and the problems of nuclear proliferation. This field also includes chemical engineering and electrical engineering.

New York University

New York University

New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin.

Orlando, Florida

Orlando, Florida

Orlando is a city in the U.S. state of Florida and the county seat of Orange County. In Central Florida, it is the center of the Orlando metropolitan area, which had a population of 2,509,831, according to U.S. Census Bureau figures released in July 2017, making it the sixth-largest metropolitan area in the Southern United States and the third-largest metropolitan area in Florida behind Miami and Tampa. Orlando had a population of 307,573 in the 2020 census, making it the fourth-largest city in Florida behind Jacksonville, Miami, and Tampa; it is the state's largest inland city.

Greenwich Village

Greenwich Village

Greenwich Village, or simply The Village, is a neighborhood on the west side of Lower Manhattan in New York City, bounded by 14th Street to the north, Broadway to the east, Houston Street to the south, and the Hudson River to the west. Greenwich Village also contains several subsections, including the West Village west of Seventh Avenue and the Meatpacking District in the northwest corner of Greenwich Village.

Legal aftermath

Criminal action

Indictments

Manhattan District Attorney Robert Morgenthau asked a grand jury to indict Goetz on four counts of attempted murder, four of assault, four of reckless endangerment, and one of criminal possession of a weapon.[39][7][40] On January 25, the grand jury refused to indict Goetz on the more serious charges, voting indictments only for unlawful gun possession—one count of criminal possession of a weapon in the third degree, for carrying in public the loaded unlicensed gun used in the subway shooting, and two counts of possession in the fourth degree, for keeping two other unlicensed handguns in his home.[39]

In March 1985, Morgenthau announced that the state had obtained new evidence—an unnamed witness—and sought leave to convene a second grand jury; Judge Stephen Crane granted Morgenthau's motion.[41] Morgenthau also granted immunity to Troy Canty and James Ramseur, which he had previously declined to do, allowing them to testify before the second grand jury.[13] The second grand jury indicted Goetz on charges of attempted murder, assault, reckless endangerment and weapons possession.[42] But, in January 1986, Judge Crane granted a motion by Goetz to dismiss these new indictments based on alleged errors in the prosecutor's instructions to the grand jury regarding justification and the judge's opinion that Canty and Ramseur "strongly appeared" to have perjured themselves.[43][44] Although Judge Crane did not specify the bases for the latter finding, the New York Times reported that it appeared to be based on alleged statements by Canty, Ramseur, and Cabey:[43] According to police officer Peter Smith, who responded to the shooting, Canty told him that the group was planning to rob Goetz, but Goetz shot them first, though Police Commissioner Benjamin Ward said through a spokesman that he did not find Smith's account credible.[43] Ramseur gave an interview to the Cable News Network saying he believed Goetz thought he was going to be robbed.[45] And Cabey, while in the hospital, allegedly told New York Daily News reporter Jimmy Breslin that the other members of the group planned to rob Goetz because he "looked like easy bait" (though Cabey denied involvement himself).[43][46]

The prosecution appealed the case, maintaining that a self-defense justification required objective reasonableness and that the statements Judge Crane relied on did not indicate perjury or require dismissal.[43] In July 1986, after an appellate division upheld Judge Crane's dismissal, the New York Court of Appeals reversed the appellate division and reinstated the charges. The high court clarified that a defendant's subjective perception of imminent danger does not, by itself, justify the use of force; instead, it held, that belief must be both subjectively held and objectively reasonable.[47]: 304 [33] Additionally, the court held that Judge Crane's opinion as to the veracity of Canty's and Ramseur's testimony was "speculat[ive]" and "particularly inappropriate": "[A]ll that has come to light is hearsay evidence that conflicts with part of Canty's testimony. There is no statute or controlling case law requiring dismissal of an indictment merely because, months later, the prosecutor becomes aware of some information which may lead to the defendant's acquittal."[33]

Trial

In December 1986, jury selection began and in April, 1987, the trial commenced before a Manhattan jury of 10 whites and 2 blacks, of whom 6 had been victims of street crime.[48][49] Goetz was represented by Barry Slotnick and Mark M. Baker. Goetz conceded that he had shot the four teenagers, but he asserted that his actions were justified by section 35.15(2) of New York's Justification statute, which, with non-relevant exceptions, permitted the use of deadly force when actor "reasonably believes that such other person is using or about to use deadly physical force . . . or . . . is committing or attempting to commit a kidnapping, forcible rape, forcible sodomy or robbery".[33]

The key question for the jurors was how to separate the vague perception of intimidation from the more specific threat of robbery, or from the "threat of deadly physical force," which Justice Crane told the jurors were the two grounds that would justify Mr. Goetz's use of his weapon.

— Kirk Johnson, New York Times[42]

Both prosecution and defense conceded that the jury would be required to consider several questions, including (1) whether the teenagers had acted as a group or as individuals, (2) whether Goetz had shot Cabey after the immediate threat was over, and (3) whether Goetz was threatened.[50]

As to whether Goetz had been threatened, Canty testified that he was panhandling when he asked Goetz for $5.[14][51] Ramseur testified that Canty approach Goetz alone and that he, Allen, and Cabey remained seated,[52][53] but Ramseur's testimony was stricken after he professed his belief that Goetz would be acquitted regardless of the evidence and eventually refused to answer Slotnick's questions.[29][54] Neither Goetz nor Cabey testified, and Allen took the Fifth Amendment.[11] Amanda Gilbert, a witness, testified that Cabey, after being shot, told her, "I didn't do anything. He shot me for nothing," but her testimony was stricken as hearsay.[29] The defense called Officer Smith, who testified as to Canty's alleged remarks that the group was going to rob Goetz.[29] On cross examination, the prosecution pointed out that Smith had failed to report the statement to his superiors or to a reporter when giving a television interview.[54][29]

Another point of contention at trial was whether Goetz had shot at least some of the men in the back.[55] For the defense, Dominick DiMaio, Suffolk County's former medical examiner, testified that Allen, Canty, Cabey, and Ramseur had been standing in a semi-circle around Goetz when he opened fire.[55] But the county's then-current medical examiner, Charles Hirsch, offered rebuttal testimony that it was medically impossible to determine how the victims were positioned when shot, and he also found that the bullets that hit Allen and Cabey had traveled from back to front, suggesting that both had been shot in the back.[55] Ballistics expert Joseph Quirk, for the defense, testified that Allen had been shot while ducking rather than while running away.[29] On cross examination, Quirk conceded that the prosecution's theory was also consistent with the evidence, and, after being shown a photograph of a bullet-entry wound in Allen's back, Quirk admitted that he had based his theory as to Allen on incorrect information provided to him by the defense.[29]

Specifically related to Goetz's shooting of Cabey, the parties contested whether Cabey had been struck by the fourth or fifth shot and whether, if the fifth, Goetz had paused before firing.[12]: 69, 126  According to the prosecution, Goetz shot the seated Cabey at point-blank range with his fifth bullet; the defense argued that Goetz had fired all five shots in short order and Cabey had been hit by the fourth shot before collapsing.[11]: 208  One witness testified that, consistent with Goetz's since-recanted police statement, Goetz opened fire before approaching to within "two to three feet" of a seated Cabey; the witness demonstrated how Goetz stood directly in front of Cabey and fired downward shooting Cabey in the stomach.[11]: 138 [12]: 123–125  But the eight other witnesses who testified on the matter reported that all shots came in "rapid succession"[12]: 171 [56]—one said the firing lasted "about a second",[11]: 102  and none of those eight testified that they had observed Goetz standing in front of Cabey.[11]: 235 

Verdict and appeal

Goetz was acquitted of the attempted-murder and first-degree-assault charges and convicted of criminal possession of a weapon in the third degree–for carrying a loaded, unlicensed weapon in a public place.[42][Note 1] Goetz was originally sentenced to six months in jail, one year's psychiatric treatment, five years' probation, 200 hours community service, and a $5,000 fine.[57] However, in November 1988, an appellate court overturned this sentence, finding that the state's gun laws required, at minimum, a one-year sentence.[58] Goetz requested that the appellate court overturn the conviction entirely, arguing that the judge's jury instructions improperly discouraged jury nullification, but the appellate division and New York Court of Appeals disagreed.[59]: 475 n.158 [60]

On remand, Judge Crane sentenced Goetz to one-year incarceration and a $5,000 fine.[61] Goetz ultimately served eight months.[62]

Civil actions

Cabey v. Goetz

A month after the shootings, Cabey, represented by William Kunstler and Ron Kuby, filed a civil suit against Goetz.[63] The civil case was tried in 1996.[64] Unlike Goetz's criminal jury, which was predominantly white and from Manhattan, the civil jury was half African American and entirely from the Bronx.[4]: 91 [65] Additionally, crime in New York had fallen substantially since the criminal trial.[4]: 91 [66]

While race had only been subliminally addressed in the criminal trial,[65] Cabey's civil-trial attorneys explicitly argued that Goetz had been motivated by race.[66] Goetz admitted to previous use of racial language and to smoking PCP-laced marijuana during the 1980s.[28][67][68] Kuby portrayed Goetz as a racist aggressor; Goetz's defense was that when surrounded he reacted in fear of being again robbed and beaten. Breslin testified as to Cabey's 1985 interview (where Cabey denied involvement but said the others had planned to rob Goetz), though Cabey's attorneys pointed out that Cabey had suffered brain damage prior to the interview and that Breslin's column described Cabey as "confused."[69]

The jury found that Goetz had acted recklessly and had deliberately inflicted emotional distress on Cabey. Jurors awarded Cabey $43 million–$18 million for pain and suffering and $25 million in punitive damages.[70] Goetz subsequently filed for bankruptcy, saying that legal expenses had left him almost penniless. A judge of the United States Bankruptcy Court ruled that the $43 million judgment was nondischargeable.[71]

Because Goetz was only "sporadically employed as an electrical engineering consultant," the expectation was that 10% of Goetz's income for the next 20 years would be garnished.[72]: 902 n.159  Stephen Somerstein, one of Cabey's attorneys, expressed some optimism that a portion of any book deal Goetz signed could contribute to the judgment.[73] In 2000, Kuby, another Cabey attorney, told reporters that he had hired a firm specializing in debt collection to pursue Goetz, but he noted that Goetz "appear[ed] to be living in voluntary squalor."[74] Asked in 2004 whether he was making payments on the judgment, Goetz responded "I don't think I've paid a penny on that", and referred any questions on the subject to his attorney.[75]

Goetz's defamation claims

In 1990, Goetz filed a defamation action against Cabey; his mother, Sherry; and his attorneys, Kunstler and Kuby.[76] The suit was dismissed.[77]

In 1994, Goetz filed another defamation action related to My Life as a Radical Lawyer, a book by Kunstler, published by Carol Communications, Inc.[78][79] Amongst other claims, Goetz objected to the book's description of him as a "paranoid" "murderous vigilante" who had "developed a hatred for blacks."[80] Goetz specifically objected that the book's description of him as a racist hurt his "good name, reputation, feelings, and public standing."[79] The court granted summary judgment in favor of the defendants, finding that the statements complained of were, varyingly, protected opinion (rather than actionable fact statements), not defamatory, or substantially true.[78][80][81]

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Jimmy Breslin

Jimmy Breslin

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Mark M. Baker

Mark M. Baker

Mark M. Baker is a New York City criminal defense attorney. He is mainly known for obtaining an acquittal with then partner, Barry I. Slotnick, of New York City resident Bernhard Goetz on attempted murder and assault charges related to his shooting of four would-be muggers on a subway train in 1984.

Fifth Amendment to the United States Constitution

Fifth Amendment to the United States Constitution

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Public reaction and intersection with race

The shootings initially drew wide support from the public.[82][83] A special hotline set up by police to seek information was swamped by calls supporting the shooter and calling him a hero.[84][85] A month after the grand jury's decision, a report summarizing statements Goetz made to Concord police department—including the "You don't look so bad; here's another" statement—was released by the prosecution.[7] At this point, support for Goetz started became less universal, though Morgenthau reported that the letters his office received were still running 3 to 1 in Goetz's favor.[86][87][22][88] Nonetheless, questions of what impact race had on Goetz's thinking, the public's reaction, and the verdict by the (predominately white) criminal jury were hotly debated before, during, and after the trial.[89]: 49 [90] The Los Angeles Times reported that, during the criminal trial, demonstrators outside the courtroom chanted "Bernhard Goetz, you can't hide; we charge you with genocide."[91]

Initial sources differed in reporting the sequence of shots fired, timing of shots, whether Cabey was shot once or twice, and whether any of the men Goetz shot were armed. Some reports, picking up on Goetz's statement to the police, suggested that Cabey had been shot twice,[7] but medical evidence introduced at trial showed that he had been shot only once, in the left side.[92] Additionally, early reports suggested that the teenagers had approached Goetz carrying "sharpened" screwdrivers;[93][94][95] those reports, too, were found to be false: The screwdrivers—Cabey carried two and Ramseur carried one—were not sharpened and, based on the available testimony, were not removed from Cabey's or Ramseur's pockets[93][11]—no witnesses reported seeing screwdrivers, and Goetz repeatedly denied he was threatened with them.[93][11][96] When Canty testified at Goetz's criminal trial, he said they were to be used to break into video arcade change boxes and not as weapons.[3]

Supporters viewed Goetz as a hero for standing up to his attackers and defending himself in an environment where the police were increasingly viewed as ineffective in combating crime.[82] The Guardian Angels, a volunteer patrol group of mostly black and Hispanic teenagers,[97] collected thousands of dollars from subway riders toward a legal defense fund for Goetz.[85] The Congress of Racial Equality (CORE), a right-leaning civil rights organization, supported Goetz.[98] CORE's director, Roy Innis, (who would later be elected to the executive board of the NRA[99][100]) offered to raise defense money. Innis, who lost two of his sons to inner-city gun violence, said Goetz was "the avenger for all of us," and called for a volunteer force of armed civilians to patrol the streets.[85] A legal group founded by the National Rifle Organization—the Firearms Civil Rights Legal Defense Fund—gave $20,000 to provide for the defense of Goetz.[68] Harvard Professor of Government James Q. Wilson explained the broad sentiment by saying, "It may simply indicate that there are no more liberals on the crime and law-and-order issue in New York City, because they've all been mugged."[85]

Professor Stephen L. Carter bemoaned the public's initial reaction to the shooting, arguing, "The tragedy of the Goetz case is that a public barely aware of the facts was rooting for him to get away with it. The tragedy is that a public eager to identify transgressors in advance decided from the start that Mr. Goetz was a hero and that his black victims deserved what they got."[101]: 424 

While race was never explicitly mentioned at the criminal trial,[65] Professor George P. Fletcher argued that Goetz's criminal-defense team—which referred to the men Goetz shot as “savages,” “predators,” and “vultures”[65]—made a "covert appeal to racial bias," which, he said,

came out most dramatically in [a re-enactment] of the shooting. . . . The nominal purpose of the demonstration was to show the way in which the bullet entered the body of each victim. The defense’s real purpose, however, was to recreate for the jury . . . the scene that Goetz encountered when four black passengers began to surround him. [Goetz’s attorney] asked the Guardian Angels [a volunteer crime patrol organization] to send him . . . four young black men to act as the props in the demonstration. In came the four young black Guardian Angels, fit and muscular, dressed in T-shirts, to play the parts . . . .[12]: 206–07 

Professor Bennett Capers agreed that the use of the four "large black men" to stand in for the "four black youths" was, effectively, a "backdoor race-ing."[102]: 887 

As to the criminal verdict, Benjamin Hooks, director of the NAACP, called the outcome "inexcusable," adding, "It was proven—according to his own statements—that Goetz did the shooting and went far beyond the realm of self-defense. There was no provocation for what he did." Representative Floyd Flake agreed, saying, "I think that if a black had shot four whites, the cry for the death penalty would have been almost automatic."[103]

United States Attorney Rudolph Giuliani met with Black political and religious leaders calling for a Federal civil rights investigations.[104] C. Vernon Mason, an attorney and spokesperson for the group, said, "We have come to the Federal Government as black people traditionally have done to seek redress when it is clear that state and local authorities have either failed to act or are incapable of acting."[104] After an investigation, Giuliani ultimately determined that Goetz had acted out of fear, which he distinguished from a "racial motivation."[105][106] In a 2007 interview with Stone Phillips of Dateline NBC, Goetz admitted that his fear was enhanced due to the fact that the four men he shot were black.[107]

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Guardian Angels

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The Guardian Angels is a non-profit international volunteer organization with the goal of unarmed crime prevention. The Guardian Angels organization was founded on February 13, 1979, in New York City by Curtis Sliwa. It later spread to over 130 cities and 13 countries worldwide.

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The Congress of Racial Equality (CORE) is an African-American civil rights organization in the United States that played a pivotal role for African Americans in the civil rights movement. Founded in 1942, its stated mission is "to bring about equality for all people regardless of race, creed, sex, age, disability, sexual orientation, religion or ethnic background."

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Roy Emile Alfredo Innis was an American activist and politician. He was National Chairman of the Congress of Racial Equality (CORE) from 1968 until his death.

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George P. Fletcher

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Subsequent developments

After reaching an all-time peak in 1990, crime in New York City dropped dramatically through the rest of the 1990s, with Rudy Giuliani emphasizing reduction in crime as mayor.[108] By 2006, New York City had statistically become one of the safest large cities in the U.S., with its crime rate being ranked 194th of the 210 American cities with populations over 100,000. New York City crime rates by 2014 were comparable to those of the early 1960s.[109][110]

Darrell Cabey fell into a coma after the shooting; he suffered irreversible brain damage and was paralyzed from the waist down.[111] In 1985, the Bronx District Attorney determined that Cabey had the mental capacity of an eight year old.[111] Goetz accused Cabey of exaggerating his injuries.[111] Goetz questioned Cabey as to his injuries in two depositions and was unable to elicit an answer longer than a single sentence; when asked, Cabey denied having previously heard the name "Bernie Goetz".[111]

Troy Canty acquired a criminal record of petty offenses before entering drug-rehabilitation and vocational-training programs.[112] One of Canty's attorneys, Scott H. Greenfield reported that Canty planned to attend culinary school.[112] In 2017, Greenfield blogged that he had lost touch with Canty.[113]

In March 1985, James Ramseur reported to police that two men apparently hired by Goetz kidnapped and attempted to murder him.[114] The following day, after detectives played back to Ramseur the emergency 911 recording reporting the kidnapping, Ramseur admitted it was his voice on the call and to fabricating the report. Ramseur explained it was merely to test police response when a black person was a crime victim, and was not prosecuted for this hoax. Ramseur was convicted in 1986 of the 1985 rape, sodomizing, and robbery of a young pregnant woman.[115] Conditionally released in 2002, Ramseur returned to prison for a parole violation in 2005; he finished his sentence in July 2010.[115] On December 22, 2011, the 27th anniversary of the shooting, James Ramseur died at age 45 of a drug overdose in an apparent suicide.[115][116]

In 1989, Barry Allen was charged with robbing a 58-year-old man of $54.[117] In 1991, he was convicted of the offense, and sentenced to 3.5 to 7 years.[118]

Goetz achieved celebrity status as a popular cultural symbol of a public disgusted with urban crime and disorder.[119] In 2001 he ran unsuccessfully for mayor of New York City. In 2004, Goetz was interviewed by Nancy Grace on Larry King Live, where he stated his actions were good for New York City and forced the city to address crime.[75] In 2005, Goetz unsuccessfully ran for public advocate; on his campaign website, he described the shooting:

I decided to shoot as many as I could as quickly as I could. I did a fast draw, and shot with one hand (my right), pulling the trigger prior to the gun being aligned on the targets. All actual shots plus my draw time occurred easily within 1.6 seconds or less. This is not as difficult to do as some might think, and occasionally I give a description of the technique along with a re-enactment. The first shot hit Canty in the center of the chest. After the first shot my vision changed and I lost my sense of hearing. The second shot hit lightning fast Barry Allen in the upper rear shoulder as he was ducking (later the bullet was removed from his arm). The third shot hit the subway wall just in front of Cabey; the fourth shot hit Cabey in the left side (severing his spinal cord and rendering him paraplegic). The fifth shot hit Ramseur's arm on the way into his left side. I immediately looked at the first two to make sure they were "taken care of," and then attempted to shoot Cabey again in the stomach, but the gun was empty. I thought Cabey was shot twice after reading a media account no shots missed; I had lost count of the shots and while under adrenaline I didn't even hear the shots or feel the kick of the gun. 'You don't look too bad, here's another', is a phrase I came up with later when trying to explain the shooting while I was under the impression that Cabey was shot twice. Cabey, who was briefly standing prior to the shooting, was sitting on the subway bench during all attempted shots. The others were standing. Shortly after the shooting my vision and hearing returned to normal.[120]

In 2010, Goetz was interviewed and did a dry fire shooting demonstration on the inaugural episode of The Biography Channel's documentary show Aftermath with William Shatner.[23][121]

In November 2013 Goetz was arrested for allegedly selling marijuana.[122] After Goetz's attorneys moved for a dismissal on speedy-trial grounds, a judge agreed that prosecutors took 14 days too long to prosecute the case, and it was dismissed in September 2014.[123]

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Source: "1984 New York City Subway shooting", Wikipedia, Wikimedia Foundation, (2023, March 22nd), https://en.wikipedia.org/wiki/1984_New_York_City_Subway_shooting.

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References

Explanatory Notes

  1. ^ The jury found that Goetz lacked the specific intent to commit attempted murder, never technically reaching the question of justification; however, because intent was not seriously challenged at trial, subsequent analyses postulated that the jury had effectively incorporated self-defense into the intent analysis. Garvey, Stephen P. (Winter 2008). "Self-Defense and the Mistaken Racist". New Criminal Law Review. 11 (1). 121 n.18. doi:10.1525/nclr.2008.11.1.119. Fletcher, George P. (June 1990). A Crime of Self-Defense: Bernhard Goetz and the Law on Trial. University of Chicago Press. ISBN 0-226-25334-1.

Citations

  1. ^ Carveth, Rod; Arp, Robert (December 22, 2014). Justified and Philosophy: Shoot First, Think Later. Open Court. ISBN 9780812698886 – via Google Books.
  2. ^ Johnson, Kirk (May 20, 1987). "Youth Shot In Subway Says He Didn't Approach Goetz". The New York Times. Archived from the original on August 10, 2016.
  3. ^ a b c d Johnson, Kirk (May 2, 1987). "Goetz Shooting Victim Says Youths Weren't Threatening". The New York Times. Archived from the original on November 4, 2017.
  4. ^ a b c d Brooks, Michael (1998). "Stories and Verdicts: Bernhard Goetz and New York in Crisis". College Literature. 25 (1): 77–93. JSTOR 25112354.
  5. ^ Christenson, Ronald, ed. (1991). Political Trials in History: From Antiquity to the Present. Piscataway, New Jersey: Transaction Publishers. pp. 162–163. ISBN 0-88738-406-4.
  6. ^ Kelley, Tina (September 10, 2000). "Following up; still seeking payment from Bernard Goetz". The New York Times. Archived from the original on August 19, 2017.
  7. ^ a b c d Chambers, Marcia (February 28, 1985). "Goetz Spoke To One Youth, Then Shot Again, Police Say". The New York Times. Archived from the original on February 2, 2017.
  8. ^ Feldman, Richard (December 22, 2014). "Bernie Goetz 'The Subway Gunman' 30 Years Later". The Huffington Post. New York City: Huffington Post. Archived from the original on July 11, 2015.
  9. ^ Raab, Selwyn (January 10, 1985). "4 Youths Shot By Goetz Faced Criminal Counts". The New York Times. Archived from the original on August 19, 2017.
  10. ^ Hamill, Pete (May 12, 1987). "Bernhard Goetz: Notes From Underground". Village Voice.
  11. ^ a b c d e f g h i j k l Lesly, Mark (1988). Subway Gunman: A Juror's Account of the Bernhard Goetz Trial. British American Publishing. ISBN 0-945167-08-3.
  12. ^ a b c d e f Fletcher, George P. (June 1990). A Crime of Self-Defense: Bernhard Goetz and the Law on Trial. University of Chicago Press. ISBN 0-226-25334-1.
  13. ^ a b Fletcher, George P. (April 23, 1987). "Goetz on Trial". New York Review of Books.
  14. ^ a b "The Trial of Bernhard Goetz: Testimony of Troy Canty". Famous Trials. [Canty:] "As far as I can remember, I walked up to him and asked him, you know, 'Can I have $5?'."
  15. ^ a b c d e Wu, Tim (March 2017). "The Trial of Bernhard Goetz: Goetz's Videotaped Confession". Criminal Law / Spring 2017. H20.
  16. ^ McFadden, Robert D. (January 6, 1985). "Goetz: A Private Man in a Public Debate". New York Times.
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