On December 22, 1984, Bernhard Goetz () shot four young men on a
New York City Subway
The New York City Subway is a rapid transit system 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 2 ...
train in
Manhattan
Manhattan (), known regionally as the City, 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 ...
after they allegedly tried to rob him.
Goetz surrendered to police nine days later and was charged with
attempted murder
Attempted murder is a crime of attempt in various jurisdictions.
Canada
Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven ye ...
,
assault
An assault is the act of 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 crim ...
,
reckless endangerment, and several firearms offenses. Initially, Goetz was viewed by most as a victim and by some as a vigilante, and he received widespread public recognition and support. A
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
refused to indict Goetz on the more serious charges, voting indictments only for criminal gun possession. However, public opinion about Goetz wavered due to statements and alleged damaging details of the incident that later were released by the prosecution.
Goetz was then re-indicted by a second grand jury on more serious charges. At a later jury trial, he was found guilty of one count of carrying an unlicensed firearm, for which he served eight months of a one-year sentence. In 1996, Darrell Cabey, one of those Goetz shot and who was left
paraplegic
Paraplegia, or paraparesis, is an impairment in motor or sensory function of the lower extremities. The word comes from Ionic Greek ()
"half-stricken". It is usually caused by spinal cord injury or a congenital condition that affects the neural ...
and brain damaged as a result of his injuries, obtained a civil judgment of $43 million against Goetz.
The incident sparked a nationwide debate on
crime in major U.S. cities, the legal limits of
self-defense
Self-defense (self-defence primarily in Commonwealth English) 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 ...
based on Cabey being shot once or twice, and the extent to which the citizenry could rely on the police to secure their safety.
Goetz, dubbed the "Subway Vigilante" by the New York press, came to symbolize New Yorkers' frustrations with the high
crime rates of the 1980s. Goetz was both praised and vilified in the media and public opinion, and the New York criminal justice system came under increased public scrutiny and criticism. The incident has been cited as a contributing factor to the groundswell movement against urban crime and disorder,
and successful
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 politics in the United States, gun rights ...
campaigns to loosen restrictions for
concealed carrying of firearms.
Context and background
Bernhard Goetz stated that, three years before the incident, he had been attacked in the
Canal Street subway station while transporting electronic equipment by three men who attempted to
rob him.
The attackers smashed Goetz into a plate-glass door and threw him to the ground, injuring his chest and knee.
Goetz assisted an off-duty officer in arresting one of them; the other two attackers escaped. Goetz was angered when the arrested attacker spent less than half the time in the police station than the time spent by Goetz himself, and he was angered further when this attacker was charged only with
criminal mischief for ripping Goetz's jacket.
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
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
.
At the time, New York City street crime received little media coverage. N.Y. Governor
Mario Cuomo was considered a leading future Democratic presidential candidate. As the subway shooting made news around the world, dismal subway train images and city crime received widespread coverage, and the incident had significant political overtones.
Incident
In the early afternoon of Saturday, December 22, 1984, four young men from
the Bronx
The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
, 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). The teenagers, each of whom had previously been arrested and convicted at least once, stated they were on their way to rob a
video arcade
An amusement arcade (often referred to as a video arcade, amusements or simply arcade) is a venue where people play arcade games, including arcade video games, pinball machines, electro-mechanical games, redemption games, merchandisers (such as c ...
in Manhattan.
When the train arrived at the
14th Street station in Manhattan at about 1:30PM, fifteen to twenty other passengers remained with them in the
R22 subway car,
the seventh car of the ten-car train.
Several minutes prior, Goetz left his apartment, walking one block to this station on the way downtown to meet friends for a holiday drink. After the train entered the station, Goetz approached the rear door of the seventh train car. Canty was lying on the long bench just to the right of this door. Allen was seated to Canty's left, on the short seat on the left side of this door. Ramseur and Cabey were seated across from the door on the short seat by the conductor's cab. A female passenger was seated several feet from Canty's right.
The door opened, Goetz entered, crossed the aisle, and took a seat on the long bench across from Canty and the woman, approximately centered between them. At the same time, a male passenger sat down at Goetz's left at the far end of the bench. The doors closed and the train left for the next express stop at Chambers Street, typically a four-minute ride.
According to Goetz's statement to the
Concord
Concord may refer to:
Meaning "agreement"
* Pact or treaty, frequently between nations (indicating a condition of harmony)
* Harmony, in music
* Agreement (linguistics), a change in the form of a word depending on grammatical features of other ...
police department (
New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
), several seconds later Canty asked him, "How are you doing?" Goetz responded, "Fine." Goetz said the group gave signals to each other, and shortly thereafter Canty and Allen rose from their seats and moved over to Goetz's left, blocking him off from the other passengers in the car. Canty then said, "Give me five dollars." Goetz subsequently pulled a handgun and fired five shots at the four, wounding them all. Canty and Ramseur testified at the criminal trial that they were
begging, and had only requested the money, not demanded it. Cabey did not testify and Allen took the
Fifth Amendment.
Differing accounts of shooting
Sources differ in reporting the sequence of shots fired, timing of shots, and whether Cabey was shot once or twice. The following are four versions from significant or reliable sources describing the sequence of shots:
Cabey hit by the fourth shot
At the Bronx civil trial, Goetz testified the first shot was Canty, Allen second, the third shot missed, Cabey fourth, and Ramseur fifth. The following similar shooting sequence is verbatim from Goetz's website:
Goetz performed a dry fire shooting demonstration (five shots in 1.0 seconds at four hypothetical targets on both sides of him) on the
Biography Channel show ''
Aftermath with William Shatner''.
Multiple criminal trial witnesses testified all shots came in "rapid succession";
Criminal trial medical evidence showed Cabey was shot once in the left side, and not shot twice as had been widely reported.
Cabey hit by the fourth and fifth shots
Prior to the criminal trial, the media reported that Cabey had been hit by the fourth shot and then again by the fifth, with Goetz saying, "You don't look too bad, here's another," or, "You seem all right, here's another."
This sequence of shots was discredited at the criminal trial when it was revealed that one of the five shots had missed and Cabey was shot once in the left side; however, the misconception that Cabey was shot twice occurred long after the criminal trial.
Cabey hit by the fifth shot
"Speed is everything," Goetz said in a videotaped statement made after he surrendered nine days later.
He told police that while still seated, he planned a "pattern of fire" from left to right. He then stood, stepped clear of Canty, drew his revolver, turned back to Canty, and fired four shots, one at each man, then fired a fifth shot.
At the civil trial years later he said, "I was trying to get as many of them as I could as quickly as I could."
Other sources simply repeated Goetz's statements to New York City police as to the sequence of shots: Canty was shot first, then Allen, then Ramseur, then Cabey.
In the related proceeding ''
People v. Goetz
''People v. Goetz'', 68 N.Y.2d 96 (N.Y. 1986), "one of the most controversial cases in recent American history", was a court case involving subjective and objective standards of reasonableness in using deadly force for self-defense.''Criminal L ...
'', the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
summarized the incident:
"It appears from the evidence before the Grand Jury that Canty approached Goetz, possibly with Allen beside him, and stated 'Give me five dollars.' Neither Canty nor any of the other youths displayed a weapon. Goetz responded by standing up, pulling out his handgun, and firing four shots in rapid succession. The first shot hit Canty in the chest; the second struck Allen in the back; the third went through Ramseur's arm and into his left side; the fourth was fired at Cabey, who apparently was then standing in the corner of the car, but missed, deflecting instead off a wall of the conductor's cab. After Goetz briefly surveyed the train scene around him, he fired another shot at Cabey, who then was sitting on the end bench of the car. The bullet entered the rear of Cabey's side and severed his spinal cord."
According to his statements to police, Goetz checked the first two men to make sure that they had been "taken care of," then upon seeing that the fourth man, Cabey, was now sitting down rocking side to side and seemed not seriously hurt, said, "You seem to be all right, here's another," and fired another shot into Cabey's stomach.
Cabey actually was shot only once in the left side,
a fact not made known to Goetz or his attorneys until shortly before the trial. One bullet had missed, fragmenting on the steel cab wall behind Cabeythis missed shot would also be the basis of a charge of
reckless endangerment of other passengers.
After the criminal trial Goetz denied shooting the fifth bullet at Cabey, saying he had been confused by misinformation.
''Time'' Magazine's theory (April 8, 1985)
Goetz said one of the boys made gestures that may have implied he had a weapon.
Canty then approached Goetz for the $5. Goetz rose and partly unzipped his jacket where the revolver was concealed, and plotted his "pattern of fire" for shooting them.
Goetz asked Canty what he had said, and Canty repeated his statement. According to Canty, Goetz then unzipped his jacket the rest of the way, drew the gun, assumed a combat stance gripping the revolver with both hands, and shot Canty through the center of his body. He then turned to shoot Allen, who had tried to flee, hitting him in the back, and then shot Ramseur, wounding him in the chest and arm. He then shot again, at Cabey, but may have missed. According to Goetz he then approached Cabey and shot him on the ground; however, another witness disputed that Goetz shot Cabey a second time.
Cabey and the "here's another" statement
After the shooting Cabey was slumped in the short seat in the corner of the car next to the conductor's cab.
[ New York Transit Museum – Goetz car was an R-22 with fiberglass seating] Whether Cabey was struck by the fourth shot or by the fifth was critical to Goetz's claim of self-defense and thus an issue fiercely contested at trial.
Medical experts testified that such an injury would render the lower half of Cabey's body instantly useless. According to the prosecution, the fourth shot missed; Goetz then shot the seated Cabey at point-blank range with the fifth bullet. The defense theory about how Cabey ended up in the seat described him as being standing when hit by the fourth shot, whereupon he collapsed into the seat due to the lurching and swaying of the train, with the fifth shot being the shot that missed.
A summary of Goetz's statements to the police had become public two months after the incident, drawing intense media coverage. Perhaps most damaging to Goetz's public support and to his claim of acting in self-defense was his statement that he had said, "You don't look so bad, here's another," before firing at Cabey a second time.
At trial, one witness testified that Goetz approached to within "two to three feet" of a seated Cabey, then demonstrated how Goetz stood directly in front of Cabey and fired downward shooting Cabey in the stomach, a description that matched Goetz's published statements,
but contradicted medical evidence that Cabey was shot once in the left side.
Eight other independent witnesses testified that all shots came in "rapid succession";
one of these said the firing lasted "about a second".
None of the eight heard a pause before the final shot, and none saw Goetz standing in front of Cabey.
Whether Goetz actually said aloud the words "You don't look so bad, here's another" is still a matter of dispute. He subsequently denied making the statement on several occasions. One source said, "In all probability, the defendant uttered these words only to himself and probably not even mouthing the words, but just saying them in his own mind as he squeezed the trigger that fifth time."
Flight and surrender
The terrified passengers ran to the other end and out of the car, leaving behind two women who had been close to the shooting, immobilized by fear. According to Goetz's statements to the Concord police department, Canty was lying on the subway floor to the right of a seated woman who had remained in the same position she had been when previously seated near Canty. This woman was staring straight ahead in shock. Allen was laying on his stomach on the same bench with his head in her lap. Ramseur was slumped on the floor near the north end door of the subway car, and Cabey was slumped on the floor near him next to the conductor's cab. A second woman near the center of the subway car had fainted and was lying face down. The man who prior to the shooting was sitting on Goetz's left had exited or was in the process of exiting the car. Goetz asked the two frightened women if they had been injured and both said they were not. He then went towards the south end of the car, briefly looked around, and sat down with his head in his hands covering his eyes, occasionally looking around. Shortly afterwards the train
conductor entered the car and loudly exclaimed "What's going on?" The conductor approached Goetz, still seated, and asked him 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."
The conductor then went to the two women to check if they were injured. The conductor returned to Goetz and asked if he was a police officer, receiving the reply, "No." and then asked Goetz for the gun, to which he replied "No."
The conductor then left the car.
Some time later the train slowed down, continued at a slow rate, and then stopped before the next station. Goetz remained seated for 15–30 seconds, and then exited the south end of the car. He climbed down to the tracks, ran north a few steps, and then reversed direction and ran south through the tunnel to the Chambers Street station, where he climbed onto the empty end of the passenger platform and then exited the station via the stairs.
Later Goetz said sirens were going off everywhere. He took a cab back home to 14th Street to gather some belongings, and then rented a car and drove north to
Bennington, Vermont, where he burned the blue jacket he had been wearing and dismantled the revolver, scattering the pieces in the woods north of town. He drove around New England for several days, registering at motels under various names and paying in cash.
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.
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.
He gave his side of the story to Friedman, and described his psychological state at the time:
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
Concord () is the capital city of the U.S. state of New Hampshire and the seat of Merrimack County. As of the 2020 census the population was 43,976, making it the third largest city in New Hampshire behind Manchester and Nashua.
The village of ...
, police headquarters and told the officer on duty, "I am the person they are seeking in New York."
Statements to police
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
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
arrived in Concord, and Goetz submitted to a two-hour
videotape
Videotape is magnetic tape used for storing video and usually sound in addition. Information stored can be in the form of either an analog or digital signal. Videotape is used in both video tape recorders (VTRs) and, more commonly, videocassett ...
d 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
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' as "confused and emotional, alternately horrified by and defensive about his actions, and obsessed with justifying them."
In his statements, Goetz described his past
mugging, in which he was injured and the only assailant arrested went unpunished. He called New York City "lawless" and expressed contempt for its justice system, calling it a "joke," a "sham," and "a disgrace". Goetz said that when the four surrounded him on the train, he feared being "beaten to a pulp" as well as being robbed. He denied any premeditation for the shooting, something that had been speculated on by the press.
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."
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'
anty'seyes out with my keys afterwards", but said he stopped when he saw the fear in his eyes. At the criminal trial, Goetz's defense attorneys,
Barry Slotnick
Barry I. Slotnick (born 1939) is a New York City-based defense attorney. Slotnick is well-known for defending infamous Mafia crime boss, John Gotti and New York City subway shooter, Bernhard Goetz. Along with his son Stuart, he negotiated for ...
and
Mark M. Baker, argued that this and other extreme statements by Goetz were the product of emotion and an overactive imagination.
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
Protective custody (PC) is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. Many prison administrators believe the level of violence, or the underlying threat of violence within pri ...
at the
Rikers Island
Rikers Island is a island in the East River between Queens and the Bronx that contains New York City's main jail complex. Named after Abraham Rycken, who took possession of the island in 1664, the island was originally under in size, but has ...
prison hospital.
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.
Early reports
Because of the loudness of the shots inside the confined space of the subway car, there were initial witness reports that suggested the gun involved was a
.357 Magnum
The .357 Smith & Wesson Magnum, .357 S&W Magnum, .357 Magnum, or 9×33mmR as it is known in unofficial metric designation, is a smokeless powder cartridge with a bullet diameter. It was created by Elmer Keith, Phillip B. Sharpe, and Douglas B. ...
revolver. Goetz alluded to these reports in a December 2004 interview on the ''
Opie and Anthony'' radio show, saying that the first shot he fired that afternoon had been unusually loud in part because it was the first shot fired by the small-frame
.38 caliber
.38 caliber is a frequently used name for the caliber of firearms and firearm cartridges.
The .38 is considered a large firearm cartridge; anything larger than .32 is considered a large caliber.Wright, James D.; Rossi, Peter H.; Daly, Kathleen ...
revolver after the factory tests, which "cleaned the barrel."
After the incident, reports spread that Goetz had been threatened with sharpened screwdrivers. This rumor was published as fact by some media; however, neither Goetz nor the men made any such claim,
and Goetz has repeatedly denied he was threatened with screwdrivers. Paramedics and police did find a total of three screwdrivers on two of the men; 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.
On February 27, 1985, the prosecutors office released evidence that Cabey had been shot twice.
This was reported as fact in the media and was not corrected until the criminal trial more than a year later.
Shooter
Bernhard Hugo Goetz was born in the
Kew Gardens
Kew Gardens is a botanical garden, botanic garden in southwest London that houses the "largest and most diverse botany, botanical and mycology, mycological collections in the world". Founded in 1840, from the exotic garden at Kew Park, its li ...
neighborhood of
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
's
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 ...
borough on November 7, 1947, the son of Gertrude (née Karlsberg) and Bernhard Willard Goetz, Sr. His parents were
German immigrants who met in the U.S. His father was
Lutheran
Lutheranism is one of the largest branches 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 th ...
; his mother, who was
Jewish
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, converted to Lutheranism.
While growing up, Goetz lived with his parents and three older siblings in
Upstate New York
Upstate New York is a geographic region consisting of the area of New York State that lies north and northwest of the New York City metropolitan area. Although the precise boundary is debated, Upstate New York excludes New York City and Long Is ...
, where his father ran a dairy farm and a bookbinding business.
At the age of 12, he was sent to
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, where he and his sister attended boarding schools.
Goetz returned to the United States in 1965 for college, and earned a
bachelor's degree
A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ...
in
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 l ...
and
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 n ...
from
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.
In 1832, the ...
.
By this time, the family had relocated to
Orlando, Florida
Orlando () is a city in the U.S. state of Florida and is the county seat of Orange County, Florida, Orange County. In Central Florida, it is the center of the Greater Orlando, Orlando metropolitan area, which had a population of 2,509,831, acco ...
; Goetz joined them and worked at his father's residential development business. He was briefly married. After his divorce, he moved back to New York City, where he started an electronics business out of his
Greenwich Village
Greenwich 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 ...
apartment.
Public reaction
"The Subway Vigilante", as Goetz was labeled by
New York City media, was front-page news for months, partly due to the repressed passions the incident unleashed in New York and other cities. Public opinion tended to fall into one of three camps: those in the first camp tended to believe Goetz's version of the incident, that he was aggressively accosted and surrounded by the four teenagers and feared he was about to be beaten and robbed. Those in the second camp tended to believe the version told by the four teenagers, that they were merely panhandling to get some money to play video games. A third camp believed that Goetz had indeed been threatened, but viewed the shooting as an unjustified overreaction.
Supporters
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.
The
Guardian Angels
A guardian angel is a type of angel that is assigned to protect and guide a particular person, group or nation. Belief in tutelary beings can be traced throughout all antiquity. The idea of angels that guard over people played a major role in A ...
, a volunteer patrol group of mostly black and Hispanic teenagers, collected thousands of dollars from subway riders toward a legal defense fund for Goetz.
The
Congress of Racial Equality (CORE), a right-leaning
civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
organization, supported Goetz. CORE's director,
Roy Innis
Roy Emile Alfredo Innis (June 6, 1934 – January 8, 2017) was an American activist and politician. He was National Chairman of the Congress of Racial Equality (CORE) from 1968 until his death.
One of his sons, Niger Roy Innis, serves as Nationa ...
, (who would later be elected to the executive board of the
NRA
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 conti ...
) 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.
The prior criminal convictions of three of the four men (and the published accounts of such) prevented them from gaining much sympathy from many people. A special hotline set up by police to seek information was swamped by calls supporting the shooter and calling him a hero.
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."
Other viewpoints
Some believed the version of the incident as initially told by the four men – that they were merely panhandling with neither intimidation nor threats of violence. This view was later discredited when Darrell Cabey, who had been paralyzed by Goetz's gunshot, admitted during an interview with columnist
Jimmy Breslin eleven months after the shooting, that his friends had indeed intended to rob Goetz, who looked like "easy bait". This account was contested in court because Cabey was in the hospital with diminished but improving cognitive capabilities.
Some saw the incident as racial (with Goetz being white and the four young men black), and the jury verdict as a blow to race relations.
Benjamin Hooks
Benjamin Lawson Hooks (January 31, 1925 – April 15, 2010) was an American civil rights leader and government official. A Baptist minister and practicing attorney, he served as executive director of the National Association for the Advancemen ...
, director of the
NAACP
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
, said "The jury verdict was inexcusable. ... 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
Floyd Harold Flake (born January 30, 1945) is an American businessman and former politician who is the senior pastor of the 23,000 member Greater Allen African Methodist Episcopal Cathedral in Jamaica, Queens, New York, and former president of W ...
agreed, saying, "I think that if a black had shot four whites, the cry for the death penalty would have been almost automatic."
Co-counsel for Cabey
C. Vernon Mason
C. Vernon Mason is a former lawyer and civil rights advocate from Tucker, Arkansas. Best known for his involvement in several high-profile New York City cases in the 1980s, including the Bernhard Goetz, Howard Beach, and Tawana Brawley incidents, ...
, a candidate for district attorney who was later disbarred, said Goetz's actions were racist,
as did Rev.
Al Sharpton.
The ''
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' reported that demonstrators outside his courtroom chanted "Bernhard Goetz, you can't hide; we charge you with genocide."
Goetz's racial language about criminal activity on 14th Street, allegedly made at a community meeting 18 months before the shooting – "The only way we're going to clean up this street is to get rid of the spics and niggers"
– was offered as evidence of racial motivation for the shooting. Black political and religious leaders twice called for Federal
civil rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
investigations.
An investigation by the office of
U.S. Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
Rudolph Giuliani
Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 198 ...
determined that the impetus for the shooting had been fear, not race.
In an interview with
Stone Phillips
Stone Stockton Phillips (born December 2, 1954) is an American television reporter and correspondent. He is best known as the former co-anchor of ''Dateline NBC'', a news magazine TV series. He also has worked as a substitute anchor for ''NBC N ...
of ''
Dateline NBC'', Goetz later admitted that his fear was enhanced due to the fact that the attempted muggers were black.
Grand juries
Manhattan District Attorney
Robert Morgenthau asked a
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
to indict Goetz on four counts of attempted murder, four of assault, four of reckless endangerment, and one of criminal possession of a weapon.
Because they would have to be granted
immunity from prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
, neither Goetz nor the four men he shot were called to testify. The 23 jurors heard witnesses, considered the police report of the shooting, and studied transcripts and tapes of the sometimes conflicting statements Goetz made to police in New Hampshire.
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.
The case was assigned to Judge Stephen Crane.
The shootings initially drew wide support from a public fearful and frustrated with rising crime rates and the state of the criminal justice system.
A month after the grand jury's decision, a report summarizing statements Goetz made to Concord police department was released by the prosecution, in which Goetz said he shot each of the four men, then checked their condition, and seeing no blood on the fourth, said "You don't look so bad, here's another", and shot the fourth again.
Contradictory evidence that all four were shot only once was withheld from the public. The media now wrote of a change in the public mood
and demanded that Goetz be tried on the attempted murder and assault charges while suggesting approaches that would allow Morgenthau to convene a new grand jury.
New York State Governor
Mario Cuomo stated "Everyone knows Goetz was wrong." Senator
Arlen Specter of Pennsylvania called for a special prosecutor.
Announcing there was a new unnamed witness (actually Troy Canty), DA Morgenthau obtained in March 1985 Judge Crane's sealed authorization to convene a second grand jury, which heard testimony by Canty and Ramseur and indicted Goetz on charges of attempted murder, assault, reckless endangerment and weapons possession.
In January 1986, Judge Crane granted a motion by Goetz to dismiss these new indictments, but gave the prosecutor the option of re-submitting these charges to a third grand jury. The judge's decision was based on alleged errors in the prosecutor's instructions to the jury regarding Goetz's defense of justification for the use of
deadly force and the judge's opinion that Canty and Ramseur "strongly appeared" to have perjured themselves, based on later public statements that they had intended to rob Goetz,
and on a newspaper interview where Cabey stated that the other members of the group planned to frighten and rob Goetz because he "looked like easy bait".
The judge allowed the weapons possession and reckless endangerment charges to stand.
The option of a third grand jury was unwelcomed by the prosecution as a principal witness at the second grand jury, James Ramseur, had since been convicted of a brutal rape and also was discovered to have staged his own kidnapping, and this and Cabey's devastating newspaper interview about a robbery could not be withheld from a reasonably well informed third grand jury. Subsequently, the prosecution appealed Judge Crane's decision.
In July 1986, the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, in ''
People v. Goetz
''People v. Goetz'', 68 N.Y.2d 96 (N.Y. 1986), "one of the most controversial cases in recent American history", was a court case involving subjective and objective standards of reasonableness in using deadly force for self-defense.''Criminal L ...
'', reversed Judge Crane's dismissal and revised the New York law on self-defense using the "
reasonable man" standard. The court affirmed that the prosecutor's charge to the grand jury that a defendant's subjective belief that he is in imminent danger does not by itself justify the use of deadly force. The court agreed with the prosecutor that an objective belief, one that would be shared by a hypothetical reasonable person, is required; shots can be judged separately and must be reasonable. The appeals court further held that Judge Crane's opinion that the testimony of Canty and Ramseur was perjurious was speculative and inappropriate. All charges were reinstated, and the case was sent to trial.
The author of the Court of Appeals decision, Chief Judge
Sol Wachtler
Solomon "Sol" Wachtler (born April 29, 1930) is an American lawyer and Republican politician from New York. He was Chief Judge of the New York Court of Appeals from 1985 to 1992. Wachtler's most famous quote, made shortly after his appointment as ...
, was indicted in 1992 for extortion, racketeering, and $20,000 blackmail of Joy Silverman, beneficiary of an estate from which Wachtler as executor had already been paid an $805,000 estate fee. Subsequently, Wachtler resigned as a judge and from the bar.
Trials
Criminal trial
The case was defended by
Barry Slotnick
Barry I. Slotnick (born 1939) is a New York City-based defense attorney. Slotnick is well-known for defending infamous Mafia crime boss, John Gotti and New York City subway shooter, Bernhard Goetz. Along with his son Stuart, he negotiated for ...
and
Mark M. Baker. Slotnick argued that Goetz's actions fell within the New York State's self-defense statute. Under Section 35.15, "A person may not use deadly physical force upon another person ... unless ... He reasonably believes that such other person is committing or attempting to commit
ne of certain enumerated predicate offenses, including robbery"
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.
Goetz was acquitted of the attempted murder and first-degree assault charges and convicted of criminal possession of a weapon in the third degree – carrying a loaded, unlicensed weapon in a public place.
He was sentenced to six months in jail, one year's psychiatric treatment, five years' probation, 200 hours community service, and a $5,000 fine. An appellate court affirmed the conviction and changed the sentence to one year in jail without probation. The order of the appellate court was affirmed because the trial court had not erred in instructing the jury that, if it found the People had proved each of the elements of the crime beyond a reasonable doubt, it "must" find the defendant guilty. This was not a
directed verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, ...
. Goetz served eight months.
Civil trial
A month after the shootings, Cabey's lawyers
William Kunstler
William Moses Kunstler (July 7, 1919 – September 4, 1995) was an American lawyer and civil rights activist, known for defending the Chicago Seven. Kunstler was an active member of the National Lawyers Guild, a board member of the American Civil ...
and
Ron Kuby
Ronald L. Kuby (born July 31, 1956) is an American criminal defense and civil rights lawyer, radio talk show host and television commentator. He has also hosted radio programs on WABC Radio in New York and Air America radio.
Kuby currently l ...
filed a
civil suit against Goetz. The civil case was tried in 1996, over eleven years later, in
the Bronx
The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New Y ...
, with race as the dominant theme.
During jury selection, Kuby asked the mostly non-white prospective jurors whether they had ever been discriminated against. Goetz admitted to previous use of racial language and to smoking
PCP-laced
marijuana
Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
during the 1980s.
Kuby portrayed Goetz as a racist aggressor; Goetz's defense was that when surrounded he reacted in fear of being again robbed and beaten. Newspaper columnist
Jimmy Breslin testified that in a 1985 interview, Cabey denied his involvement in an attempted robbery, but said that Canty, Allen, and Ramseur intended to rob Goetz.
William Kunstler died prior to the trial.
The jury found that Goetz had acted
recklessly and had
deliberately inflicted emotional distress on Cabey. Jurors stated that Goetz shooting Cabey twice was a key factor in their decision.
The jury awarded Cabey $43 million – $18 million for
pain and suffering and $25 million in
punitive damages.
Goetz subsequently filed for
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
, saying that legal expenses had left him almost penniless. A judge of the
United States Bankruptcy Court ruled that the $43 million jury award could not be discharged by the bankruptcy. 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.
Aftermath
The New York State legal standard for the self-defense justification use of deadly force shifted after rulings in the case. New York State jurors are now told to consider a defendant's background and to consider whether a hypothetical
reasonable person would feel imperiled if that reasonable person were the defendant.
After reaching an all-time peak in 1990,
crime in New York City
Crime rates in New York City have been recorded since at least the 1800s. They have spiked ever since the post-war period. The highest crime totals were recorded in the late 1980s and early 1990s as the crack epidemic surged, and then declined c ...
dropped dramatically through the rest of the 1990s, with
Rudy Giuliani
Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 198 ...
emphasizing reduction in crime as mayor.
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.
Goetz and others have interpreted the significance of his actions in the subway incident as a contributing factor precipitating the groundswell movement against crime in subsequent years. While that claim is impossible to verify, Goetz achieved celebrity status as a popular
cultural symbol of a public disgusted with urban crime and disorder.
Goetz occasionally gives media interviews about the 1984 subway incident that brought him into the public eye. In 2001 he ran unsuccessfully for mayor of New York City. In 2004, Goetz was interviewed by
Nancy Grace
Nancy Ann Grace (born October 23, 1959) is an American legal commentator and television journalist. She hosted ''Nancy Grace'', a nightly celebrity news and current affairs show on HLN, from 2005 to 2016, and Court TV's ''Closing Arguments' ...
on ''
Larry King Live'', where he stated his actions were good for New York City and forced the city to address crime.
In 2010 he was interviewed and did a
dry fire shooting demonstration on the inaugural episode of
The Biography Channel's documentary show ''
Aftermath with William Shatner''.
In March 1985, James Ramseur reported to police that two men apparently hired by Goetz kidnapped and attempted to murder him.
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 and hence was incarcerated at the time of the Goetz trial. Ramseur was conditionally released in 2002, but was returned to prison for a parole violation in 2005. He finished his sentence in July 2010. In 2011, on the 27th anniversary of the shooting, James Ramseur died of a drug overdose in a possible suicide at age 45.
In November 2013 Goetz was arrested for allegedly selling marijuana. These charges were dismissed in September 2014 and 60 days later New York City effectively decriminalized marijuana possession under 25 grams.
In popular culture
* ''
Law & Order
''Law & Order'' is an American police procedural and legal drama television series created by Dick Wolf and produced by Wolf Entertainment, launching the '' Law & Order'' franchise.
''Law & Order'' aired its entire run on NBC, premiering on ...
'' episodes
Subterranean Homeboy Blues
The first season of ''Law & Order'' premiered on NBC on September 13, 1990, and concluded on June 9, 1991. The season consists of 22 episodes. It was the only season to feature George Dzundza as Max Greevey. It was the first season to include a lo ...
and
Self Defense have similarities with the subway shooting incident.
* Goetz is mentioned in several songs such as:
**
Agnostic Front
Agnostic Front is an American hardcore punk band from New York City. Founded in 1980, the band is considered an important influence on the New York hardcore scene, as well as a pioneer of the crossover thrash genre.
History First era (1980–19 ...
's song "Shoot His Load" on their 1986 album ''
Cause for Alarm''
**
Beastie Boys
Beastie Boys were an American rap rock group from New York City, formed in 1978. The group was composed of Mike D, Michael "Mike D" Diamond (vocals, drums), Adam Yauch, Adam "MCA" Yauch (vocals, bass), and Ad-Rock, Adam "Ad-Rock" Horovitz (voca ...
song "B-Boy Bouillabaisse" ("Stop That Train" segment) from their 1989 album ''
Paul's Boutique''
**
Billy Joel
William Martin Joel (born May 9, 1949) is an American singer, pianist and songwriter. Commonly nicknamed the "Piano Man (song), Piano Man" after his album and signature song of the same name, he has led a commercially successful career as a solo ...
's 1989 single "
We Didn't Start the Fire"
**
Lou Reed
Lewis Allan Reed (March 2, 1942October 27, 2013) was an American musician, songwriter, and poet. He was the guitarist, singer, and principal songwriter for the rock band the Velvet Underground and had a solo career that spanned five decades. ...
's song "Hold On", from his 1989 album ''
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
''
**
Wu-Tang Clan
Wu-Tang Clan is an American hip hop group formed in Staten Island, New York City, in 1992. Its original members include RZA, GZA, Ol' Dirty Bastard, Method Man, Raekwon, Ghostface Killah, Inspectah Deck, U-God, and Masta Killa. Close affili ...
's song "Clan in da Front" from their 1993 debut album ''
Enter the Wu-Tang (36 Chambers)''
**
Big L's song "Da Graveyard" (featuring
Lord Finesse
Lord Finesse (born Robert Hall Jr., February 19, 1970) is an American rapper and hip-hop record producer from The Bronx, New York best known as the leader of the D.I.T.C. crew. About.com ranked him number 29 on its list of the Top-50 Hip-Hop Pro ...
, Microphone Nut,
Jay-Z
Shawn Corey Carter (born December 4, 1969), known professionally as Jay-Z, is an American rapper, record producer, entrepreneur, and founder of Manhattan-based conglomerate talent and entertainment agency Roc Nation. He is regarded as one of ...
, Party Arty, and
Grand Daddy I.U.
Ayub Bey (August 23, 1968 – December 13, 2022), known as Grand Daddy I.U., was an American rapper who was a member of the hip-hop group Juice Crew in the 1980s.
Career
Grand Daddy I.U., born in Queens, New York, was raised in Hempstead, Long ...
) from his 1995 debut album ''
Lifestylez ov da Poor & Dangerous
''Lifestylez ov da Poor & Dangerous'' is the debut studio album by American rapper Big L, and the only to be released during his lifetime. It was released on March 28, 1995 by Columbia Records. Recording sessions took place primarily at Powerplay ...
''
**
R.A. the Rugged Man
R.A. Thorburn, better known by his stage name R.A. the Rugged Man, is an American rapper and producer. He began his music career at age 12, building a reputation locally for his lyrical skills. Thorburn signed with major label Jive Records at a ...
's song "E.K.N.Y." (featuring
Inspectah Deck
Jason Richard Hunter (born July 6, 1970), better known by his stage name Inspectah Deck, is an American rapper, producer, and actor. He is a member of the groups Wu-Tang Clan and Czarface.
He has acquired critical praise for his intricate lyri ...
) from his 2020 album ''
All My Heroes Are Dead''
* In the ''
Family Guy
''Family Guy'' is an American animated sitcom originally conceived and created by Seth MacFarlane for the Fox Broadcasting Company. The show centers around the Griffin family, Griffins, a dysfunctional family consisting of parents Peter Griff ...
'' episode "Stewie Kills Lois" Quagmire says Peter is a killer like Bernie Goetz and reveals he used to do a stand-up comedy bit on him.
* In the ''
Criminal Minds
''Criminal Minds'' is an American police procedural crime drama television series created and produced by Jeff Davis (writer), Jeff Davis. The series premiered on CBS on September 22, 2005, and originally concluded on February 19, 2020; it was r ...
'' Season 1, Episode 17 "A Real Rain" - Multiple references throughout.
* The shooting partially inspired the 2019 film ''
Joker'', whose depiction of the
Joker is partially based on Goetz.
The titular character is a lower income, inner city resident who has been jumped and robbed multiple times, so he obtains a firearm to defend himself. When he gets jumped on the subway, he shoots and kills the perpetrators and flees the scene, with the shooting earning strong media coverage and the then-unknown perpetrator inadvertently becoming a folk hero among lower-class city residents who are angry about being victimized; in this case, the victims are wealthy white men, unlike Goetz's victims.
Todd Phillips, who wrote, produced and directed the film, grew up in New York City and remembered the 1984 subway shooting from his youth.
References
Sources
* ''Subway Gunman: A Juror's Account of the Bernhard Goetz Trial'' ().
* ''A Crime of Self-Defense : Bernhard Goetz and the Law on Trial'' ().
* ''People Vs. Goetz: The Summations and the Charges to the Jury'' ().
*
External links
*
Personal site of GoetzJustice Stephen G. Crane Papers on the Bernhard Goetz Trial and Other Cases, 1981–2000, MS 3152 at th
New-York Historical Society
{{Authority control
1984 crimes in the United States
1980s crimes in New York City
1980s in Manhattan
1984 in New York City
Crimes in Manhattan
December 1984 events in the United States
Defensive gun use
New York City Subway crimes
1984 mass shootings in the United States
Mass shootings in New York City