1984 New York City Subway shooting

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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]

1984 New York City Subway shooting
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
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)

Goetz surrendered to police nine days later and was charged with attempted murder, assault, reckless endangerment, and several firearms offenses. Initially, Goetz received widespread public recognition and support. A grand jury indicted Goetz only on a criminal-gun-possession charge, declining to return an indictment on the more serious charges. However, public opinion about Goetz wavered due to statements and alleged damaging details of the incident released by the prosecution.[6] Weeks later, prosecutors were granted permission to re-submit the dismissed charges to a second grand jury, which indicted Goetz for the attempted murder of the four victims in addition to several other charges.[7] 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 civil judgment of $43 million against Goetz.[8]

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] Goetz, dubbed the "Subway Vigilante" by the New York City 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,[9] and successful National Rifle Association campaigns to loosen restrictions for concealed carrying of firearms.[10]

IncidentEdit

 
The shooting occurred on a 2 train

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). 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 in Manhattan.[3][11] 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,[12][13] the seventh car of the ten-car train.[14]: 23 [15]

Goetz subsequently entered the train, and, according to his statement to the Concord police department (New Hampshire), 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, blocking Goetz 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. Goetz initially told police that, after firing four shots, he walked over to an injured Cabey and said, "You don't look so bad, here's another," before shooting him again; he later retracted this statement.[16][17] Cabey's spine was severed, resulting in brain damage and partial paralysis. 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.[14]

ShooterEdit

Bernhard Hugo Goetz was born in the Kew Gardens neighborhood of New York City's Queens borough on November 7, 1947,[18] the son of Gertrude (née Karlsberg) and Bernhard Willard Goetz, Sr. His parents were German immigrants who met in the U.S.[19][20] His father was Lutheran; his mother, who was Jewish, converted to Lutheranism.[21][22][15]: 10 [23] 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.[24] At the age of 12, he was sent to Switzerland, where he and his sister attended boarding schools.[25] Goetz returned to the United States in 1965 for college, and earned a bachelor's degree in electrical engineering and nuclear engineering from New York University.[24] By this time, the family had relocated to Orlando, Florida; 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 apartment.[24]

Sequence and timing of shotsEdit

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 shotEdit

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[original research?] shooting sequence is verbatim from Goetz's website:

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.

— Bernard Goetz, Campaign Website[26]

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.[27]

Multiple criminal trial witnesses testified all shots came in "rapid succession";[15][28] Criminal trial medical evidence showed Cabey was shot once in the left side, and not shot twice as had been widely reported.[29]

Cabey hit by the fourth and fifth shotsEdit

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."[6] 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.[29]

Cabey hit by the fifth shotEdit

"Speed is everything," Goetz said in a videotaped statement made after he surrendered nine days later.[14]: 60  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.[14]: 60, 153  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."[30] 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.[15]: 117 [14]: 251  In the related proceeding People v. Goetz, the New York Court of Appeals 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."[31]

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.[32] Cabey actually was shot only once in the left side,[14]: 24 [33][29][15]: 175 [34] 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 Cabey — this missed shot would also be the basis of a charge of reckless endangerment of other passengers.[34] 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)Edit

Goetz said one of the boys made gestures that may have implied he had a weapon.[24] 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.[24] 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.[24]

Goetz's flight and surrenderEdit

After the shooting, Goetz asked two frightened passengers if they had been injured, and both said they were not.[citation needed] 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.[citation needed] Shortly afterwards, the train conductor entered the car and loudly exclaimed, "What's going on?" He approached Goetz, still seated, 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."[14]: 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.[14]: 102 

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.[15] He took a cab back to his 14th Street home and then rented a car, driving 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.[citation needed] He drove around New England for several days, registering at motels under various names and paying in cash.[citation needed]

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.[35][36] 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.[37] He gave his side of the story to Friedman, and described his psychological state at the time:[37]

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."[36]

Statements to policeEdit

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."[38]

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.[39] He said that the perpetrators had smashed Goetz into a plate-glass door and threw him to the ground, injuring his chest and knee.[37][14] 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.[24][37] 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.[24]

Goetz called New York City "lawless" and expressed contempt for its justice system, calling it a "joke," a "sham," and "a disgrace". He said that when the four surrounded him on the train, he feared being "beaten to a pulp" as well as being robbed.[40] He denied any premeditation for the shooting, something that had been speculated on by the press.[14]: 58  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."[32] 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.[41] At the criminal trial, Goetz's defense attorneys, Barry Slotnick 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 at the Rikers Island prison hospital.[42] 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.[43]

Indictment and prosecutionEdit

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.[44][6][45] Because they would have to be granted immunity from prosecution, neither Goetz nor the four men he shot were called to testify.[citation needed] 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.[44]

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.[6] A New York Times editorial called for Goetz to be tried on the attempted murder and assault charges while suggesting approaches that would allow Morgenthau to convene a new grand jury.[46] New York State Governor Mario Cuomo stated "Everyone knows Goetz was wrong," and Senator Arlen Specter of Pennsylvania called for a special prosecutor.[45]

In March 1985, Morgenthau announced that the state had obtained new evidence—an unnamed witness (actually Troy Canty)—and sought leave to convene a second grand jury; Judge Stephen Crane granted Morgenthau's motion.[47] By this point, the public perception of Goetz had started to shift, though Morgenthau reported that the letters his office received were still running 3 to 1 in Goetz's favor.[48][49][24] The second grand jury heard testimony by Canty and Ramseur and indicted Goetz on charges of attempted murder, assault, reckless endangerment and weapons possession.[50]

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 grand 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[50][51] and on a newspaper interview in which Cabey stated that the other members of the group planned to frighten and rob Goetz because he "looked like easy bait".[52] The judge allowed the weapons possession and reckless endangerment charges to stand.[51]

The prosecution appealed the case, and, in July 1986, the New York Court of Appeals, in People v. Goetz,[31] reversed Judge Crane's dismissal. The court clarified that, contrary to Judge Crane's opinion, a defendant's subjective belief that he is in imminent danger does not, by itself, justify the use of deadly force; instead, it held, that belief must be both subjectively held and objectively reasonable.[31]

[A] jury must first determine whether the defendant . . . believed deadly force was necessary to avert the imminent use of deadly force or the commission of one of the felonies enumerated therein. . . . [T]hen the jury must also consider whether these beliefs were reasonable. The jury would have to determine, in light of all the "circumstances", as explicated above, if a reasonable person could have had these beliefs.

— People v. Goetz, New York Court of Appeals[31]

The appeals court further held that Judge Crane's opinion that the testimony of Canty and Ramseur was perjurious was speculative and inappropriate.[31] All charges were reinstated, and the case was sent to trial.

Criminal trialEdit

Goetz's attorneys—Barry Slotnick and Mark M. Baker—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 [one 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.[33][53]

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.[15]: 69, 126  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 his seat due to the lurching and swaying of the train, with the fifth shot being the shot that missed.[14]: 208 

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,[14]: 138 [15]: 123–125  but contradicted medical evidence that Cabey was shot once in the left side.[31] Eight other witnesses testified that all shots came in "rapid succession";[15]: 171  one said the firing lasted "about a second".[14]: 102  None of the eight heard a pause before the final shot, and none saw Goetz standing in front of Cabey.[14]: 235 

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.[50] 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.[citation needed] Goetz ultimately served eight months.[citation needed]

Civil trialEdit

A month after the shootings, Cabey's lawyers, William Kunstler and Ron Kuby, filed a civil suit against Goetz.[54] The civil case was tried in 1996, over eleven years later, in the Bronx, with race as the dominant theme.[55] Goetz admitted to previous use of racial language and to smoking PCP-laced marijuana during the 1980s.[56] 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.[57]

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.[58]

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 jury award could not be discharged by the bankruptcy.[59] 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.[60]

Public reactionEdit

The shootings initially drew wide support from a public fearful and frustrated with rising crime rates and the state of the criminal justice system.[61][62] "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.[citation needed]

Early media reportsEdit

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 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 revolver after the factory tests, which "cleaned the barrel."

After the incident, reports spread that Goetz had been threatened with sharpened screwdrivers.[63] This rumor was published as fact by some media; however, neither Goetz nor the men made any such claim,[14]: 117  and Goetz has repeatedly denied he was threatened with screwdrivers.[64] 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.[3]

On February 27, 1985, the prosecutors office released Goetz's statement that Cabey had been shot twice.[6] This was reported as fact in the media and was not corrected until the criminal trial more than a year later.[15]

SupportersEdit

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.[61] The Guardian Angels, a volunteer patrol group of mostly black and Hispanic teenagers,[65] collected thousands of dollars from subway riders toward a legal defense fund for Goetz.[66] The Congress of Racial Equality (CORE), a right-leaning civil rights organization, supported Goetz.[67] CORE's director, Roy Innis, (who would later be elected to the executive board of the NRA[68][69]) 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.[66] 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.[70]

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.[citation needed] A special hotline set up by police to seek information was swamped by calls supporting the shooter and calling him a hero.[71][66]

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."[66]

Other viewpointsEdit

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.[72][57]

Effect on race relationsEdit

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, director of the NAACP, 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 agreed, saying, "I think that if a black had shot four whites, the cry for the death penalty would have been almost automatic."[73] Co-counsel for Cabey C. Vernon Mason, a candidate for district attorney who was later disbarred, said Goetz's actions were racist,[73] as did Rev. Al Sharpton.

The Los Angeles Times reported that demonstrators outside his courtroom chanted "Bernhard Goetz, you can't hide; we charge you with genocide."[74] 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"[37] – was offered as evidence of racial motivation for the shooting. Black political and religious leaders twice called for Federal civil rights investigations.[75]

An investigation by the office of U.S. Attorney Rudolph Giuliani determined that the impetus for the shooting had been fear, not race.[76] In an interview with Stone Phillips of Dateline NBC, Goetz later admitted that his fear was enhanced due to the fact that the attempted muggers were black.[77]

AftermathEdit

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.[78]

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.[79] 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.[80][81]

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.[82]

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 on Larry King Live, where he stated his actions were good for New York City and forced the city to address crime.[60] 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.[25]

In March 1985, James Ramseur reported to police that two men apparently hired by Goetz kidnapped and attempted to murder him.[83] 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.[84]

In November 2013 Goetz was arrested for allegedly selling marijuana.[85] These charges were dismissed in September 2014[86] and 60 days later New York City effectively decriminalized marijuana possession under 25 grams.[87]


In popular cultureEdit

ReferencesEdit

  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 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 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. ^ a b c d e 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.
  7. ^ John J. Goldman (March 28, 1985). "Goetz Indicted on 4 Attempted Murder Counts". Los Angeles Times.
  8. ^ 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.
  9. ^ Leo, John (January 21, 1985). "Behavior: Low Profile for a Legend Bernard Goetz". Time. New York City: Time, Inc. Archived from the original on August 22, 2013. Retrieved June 29, 2017.
  10. ^ 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.
  11. ^ 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.
  12. ^ "Showing Image 72501". Archived from the original on March 6, 2009.
  13. ^ "Showing Image 3217". www.nycsubway.org. Retrieved January 27, 2022. New York Transit Museum – Goetz car was an R-22 with fiberglass seating
  14. ^ a b c d e f g h i j k l m n o Lesly, Mark (1988). Subway Gunman: A Juror's Account of the Bernhard Goetz Trial. British American Publishing. ISBN 0-945167-08-3.
  15. ^ a b c d e f g h i j 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.
  16. ^ Margot Hornblower (June 11, 1987). "Subway Gunman's Trial Drawing to a Close". Washington Post.
  17. ^ Mevissen, Severin (May 2008). "...Bernhard Goetz?". Stern (in German). p. 154. Retrieved January 27, 2022.
  18. ^ "Birth Records - Baptism & Christening at Ancestry.com". Archived from the original on December 31, 2010.
  19. ^ "Wolf Or Wimp?". Chicago Tribune. December 14, 1986. Archived from the original on March 29, 2012.
  20. ^ Rubin, Lillian B. (August 14, 1988). Quiet Rage: Bernie Goetz in a Time of Madness. University of California Press. ISBN 9780520064461 – via Google Books.
  21. ^ McNamara, Joseph (January 22, 1987). "Book Review : Goetz: Anger of a Loner, Rage in the Mean Streets". Los Angeles Times. Archived from the original on March 10, 2017.
  22. ^ "Crime Frustrated Goetz, Neighbors Say". Los Angeles Times. January 7, 1985. Archived from the original on March 29, 2012.
  23. ^ "Goetz Gets $140,550 From Father's Estate". The New York Times. March 3, 1988. Archived from the original on August 14, 2017.
  24. ^ a b c d e f g h i Richard Stengel; Marcia Gauger; Barry Kalb (April 8, 1985). "A Troubled and Troubling Life". Time. Archived from the original on June 2, 2013.
  25. ^ a b "Bernhard Goetz". Biography.com. Archived from the original on May 1, 2017. Retrieved June 29, 2017.
  26. ^ Bernard Goetz. "Bernie Goetz for Public Advocate 2005" (HTML).
  27. ^ "Aftermath with William Shatner (TV Series 2010–2011) – IMDb". IMDb. Archived from the original on May 14, 2018. Retrieved October 17, 2016. Bernhard Goetz/Aftermath with William Shatner
  28. ^ Lesly, Mark; Shuttleworth, Charles (1988). Subway Gunman: A Juror's Account of the Bernhard Goetz Trial. British American Pub. p. 102. ISBN 978-0-945167-08-2.
  29. ^ a b c "Correction". The New York Times. April 26, 1996. Archived from the original on March 6, 2016.
  30. ^ "Cool Goetz Tells Story He Got As Many As He Could Shoot". Daily News. April 13, 1996. Archived from the original on January 22, 2010.
  31. ^ a b c d e f "People v. Goetz, 68 NY2d 96". Court of Appeals of New York. July 8, 1986. Archived from the original on October 24, 2008.
  32. ^ a b "... You Have To Think In A Cold-Blooded Way". The New York Times. April 30, 1987. Archived from the original on June 7, 2017.
  33. ^ a b "The Goetz Verdict". The New York Times. April 24, 1996. Archived from the original on April 21, 2016.
  34. ^ a b Johnson, Kirk (May 12, 1987). "Judge Refuses Immunity To Youth Shot By Goetz". The New York Times. Archived from the original on November 10, 2017.
  35. ^ Daley, Suzanne (January 2, 1985). "IRT Suspect Is Charged As Fugitive". The New York Times. Archived from the original on February 2, 2017.
  36. ^ a b Daley, Suzanne (January 4, 1985). "Goetz Drove Across New England For Several Days Before Surrender". The New York Times. Archived from the original on February 2, 2017.
  37. ^ a b c d e Friedman, Myra (February 18, 1985). "My Neighbor Bernie Goetz". New York.
  38. ^ Johnson, Kirk (May 3, 1987). "Everybody Is Edgy As Goetz Trial Opens". The New York Times. Archived from the original on March 6, 2016.
  39. ^ Daley, Suzanne (January 1, 1985). "Man Tells Police He Shot Youths In Subway Train". The New York Times. Archived from the original on September 2, 2017.
  40. ^ Kennedy, John H. (May 14, 1987). "Goetz Labels Himself Victim And 'Murderer'". Boston Globe. Archived from the original on June 5, 2011. Retrieved August 1, 2016.
  41. ^ Hornblower, Margot (May 14, 1987). "Intended to Gouge Eye Of Teen, Goetz Tape Says; 'My Problem Was I Ran Out of Bullets'". The Washington Post. Archived from the original on October 23, 2012. Retrieved February 11, 2009.
  42. ^ Chambers, Marcia (January 4, 1985). "No Headline". The New York Times. Archived from the original on November 28, 2017. Under tight security, Bernhard Hugo Goetz was returned ...
  43. ^ Chambers, Marcia (January 9, 1985). "Goetz Posts Bail And Is Freed; Youths He Shot Won't Testify". The New York Times. Archived from the original on November 28, 2017.
  44. ^ a b Chambers, Marcia (January 26, 1985). "Grand Jury Votes To Indict Goetz Only On Gun Possession Charges". The New York Times. Archived from the original on February 2, 2017.
  45. ^ a b Roberts, Sam (March 1, 1985). "Morgenthau Says Goetz Case May Go To 2D Grand Jury". The New York Times. Archived from the original on February 2, 2017.
  46. ^ "'You Don't Look So Bad ...' If the criminal justice system can't protect New Yorkers, why shouldn't they try to defend themselves? That was the question first raised by the tormenting case of Bernhard Goetz. Mr. Goetz's own account of the incident, just released, changes the question: When does defending yourself turn into appointing yourself judge, jury and executioner? It is a question that demands a prompt answer – in a trial". The New York Times. March 1, 1985. Archived from the original on November 26, 2017.
  47. ^ "THE PEOPLE OF THE STATE OF YORK against BERNHARD GOETZ". Archived from the original on December 30, 2013.
  48. ^ Richard Stengel; Marcia Gauger; John F. Stacks (March 25, 1985). "New Evidence: Reopening the Goetz Case". Time. Archived from the original on November 9, 2007.
  49. ^ Edwin Diamond; Claire Tallarico; George Gelish; Joanna Otto; Karen Wishod (July 27, 1985). "But Where Were The Facts?" (PDF). TV Guide. Archived from the original (PDF) on June 13, 2011. Retrieved July 3, 2010.
  50. ^ a b c Johnson, Kirk (June 17, 1987). "Goetz Is Cleared In Subway Attack; Gun Count Upheld; Acquittal Won In Shooting Of 4 Youths – Prison Term Possible On Weapon Charge". The New York Times. Archived from the original on November 4, 2017.
  51. ^ a b McFadden, Robert D. (January 17, 1986). "Justice Drops All Major Charges Against Goetz In Shooting On IRT". The New York Times. Archived from the original on March 7, 2016.
  52. ^ "Questioning Planned For Youth Goetz Shot". The New York Times. November 27, 1985. Archived from the original on November 24, 2017.
  53. ^ Otto Friedrich; Roger Franklin; Raji Samghabad (June 29, 1987). "Not Guilty". Time. Archived from the original on October 22, 2010.
  54. ^ Coyne, Randall (1995). "Defending the Despised: William Moses Kunstler". American Indian Law Review. 20 (1): 257–279. doi:10.2307/20068791. JSTOR 20068791.
  55. ^ Fitz-Gibbon, Jorge (April 23, 1996). "Goetz A Jerk, Not A Racist, Jury Told". Daily News.
  56. ^ Hoffman, Jan (April 16, 1996). "Fund Linked to N.R.A. Gave $20,000 for Goetz's Defense". The New York Times. Archived from the original on August 30, 2016.
  57. ^ a b Hoffman, Jan (April 18, 1996). "Goetz Defense Opens, Calls Jimmy Breslin and a Psychiatrist, Then Closes". The New York Times. Archived from the original on March 7, 2017.
  58. ^ Nossiter, Adam (April 24, 1996). "Bronx Jury Orders Goetz to Pay Man He Paralyzed $43 Million". The New York Times. Archived from the original on March 5, 2016.
  59. ^ Holloway, Lynette (August 2, 1996). "Bankrupt, Goetz Still Owes Victim". The New York Times. Archived from the original on April 3, 2016.
  60. ^ a b "Interview with 'Subway Vigilante' Bernhard Goetz". Larry King Live. December 17, 2004. Archived from the original on December 12, 2007.
  61. ^ a b Fein, Esther B. (January 7, 1985). "Angry Citizens In Many Cities Supporting Goetz". The New York Times. Archived from the original on November 28, 2017.
  62. ^ Maeder, Jay (November 8, 2001). "Quality Of Life The Subway Vigilante, December 1984 – January 1985 Chapter 463". Daily News.
  63. ^ Crouch, Stanley (April 7, 2003). "The Joy of Goetz". New York. Archived from the original on September 2, 2008.
  64. ^ Murray, Andrew (November 11, 2021). "Kyle Rittenhouse trial 'a sham at best,' subway vigilante Bernie Goetz says: 'Satisfy a mob'". Fox News. Retrieved January 31, 2022.
  65. ^ Butterfield, Fox (June 10, 1988). "46th Street 'Restaurant Row' Starts Guardian Angel Patrol". The New York Times. Archived from the original on March 10, 2016.
  66. ^ a b c d John Leo; Jack E. White (January 25, 1985). "Low Profile for a Legend". Time. Archived from the original on November 2, 2012.(subscription required)
  67. ^ Rick Hampton (May 18, 1987). "Goetz jury did not endorse vigilantism". The Atlanta Journal-Constitution.
  68. ^ "'Ricochet' Goes Behind Scenes of Gun Lobby". National Public Radio. November 15, 2007. Archived from the original on June 29, 2009. Retrieved November 15, 2007.
  69. ^ "Roy Innis re-elected to NRA Board". NRAwinningteam.com. Archived from the original on October 13, 2007.
  70. ^ Jan Hoffman (April 16, 1996). "Fund Linked to N.R.A. Gave $20,000 for Goetz's Defense" (HTML). New York Times.
  71. ^ Sanger, David E. (December 30, 1984). "The Little-Known World Of The Vigilante". The New York Times. Archived from the original on February 6, 2017.
  72. ^ "Goetz 'Looked Like Easy Bait' to Rob".
  73. ^ a b Pitt, David E. (June 18, 1987). "Blacks See Goetz Verdict As Blow To Race Relations". The New York Times. Archived from the original on November 14, 2016.
  74. ^ "Bail Slashed for Man Who Shot Four on Subway". Los Angeles Times. February 7, 1985. Archived from the original on January 27, 2012.
  75. ^ Chambers, Marcia (January 30, 1985). "U.S. Attorney Meets With Blacks Over Request For Inquiry On Goetz". The New York Times. Archived from the original on November 27, 2017.
  76. ^ Lyall, Sarah (June 20, 1987). "N.A.A.C.P. Leader Seeks Federal Case On Goetz". The New York Times. Archived from the original on November 4, 2017.
  77. ^ Phillips, Stone (July 2, 2007). "Stone Phillips: 15 Years of Dateline". NBC News.
  78. ^ Opinion by Chief Judge Sol Wachtler, People v. Goetz, 68 NY2d 96.
  79. ^ Langan, Patrick A.; Matthew R. Durose (December 3–5, 2003). The Remarkable Drop in Crime in New York City. 2003 International Conference on Crime. Rome, Italy. Archived from the original on April 30, 2009.
  80. ^ Chung, Jen (January 1, 2015). "NYC Murder Rate Drops To New Historic Low In 2014". The Gothamist. Archived from the original on January 18, 2015.
  81. ^ Goodman, J. David; Baker, Al (December 31, 2014). "Murders in New York Drop to a Record Low, but Officers Aren't Celebrating". The New York Times. Archived from the original on February 25, 2017.
  82. ^ Gladwell, Malcolm (2000). The Tipping Point. Little, Brown and Company. ISBN 0-316-34662-4.
  83. ^ Raab, Selwyn (March 27, 1985). "A Man Goetz Shot Is Charged With Faking Own Abduction". The New York Times.
  84. ^ Weber, Bruce (December 24, 2011). "James Ramseur, Victim of Bernhard Goetz Subway Shooting, Dies at 45". The New York Times. Retrieved June 25, 2018.
  85. ^ "'Subway Vigilante' Goetz busted in pot sale". New York Post. November 2, 2013. Retrieved January 27, 2022.
  86. ^ "Bernie Goetz has pot dealing case tossed". New York Daily News.
  87. ^ Robbins, Christopher (November 11, 2014). "Next Week NYC Cops Will Treat Weed Like A Speeding Ticket". Gothamist. Retrieved January 27, 2022.
  88. ^ Desowitz, Bill (October 7, 2019). "'Joker': How Cesar Romero and Bernhard Goetz Inspired Joaquin Phoenix's Look". Indiewire. Los Angeles, California: Penske Media Corporation.
  89. ^ a b Godfrey, Alex (October 8, 2019). "The 'hero' who'd had enough: how subway vigilante Bernhard Goetz inspired Joker". The Telegraph. London, England: Telegraph Media Group.

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