Goetz, Bernard (1947-)

In the mid-afternoon of December 22, 1984, Bernard Goetz shot four African American males, Barry Allen, Darrell Cabey, Troy Canty, and James Ramseur, while riding the number 2 train in New York City. The incident began when Goetz was approached by Troy Canty, who asked how Goetz was doing. Goetz interpreted the inquiry as a prelude to a mugging. Canty asked for and then demanded money from Goetz. Goetz produced a .38 caliber handgun and shot the four youth. Goetz was indicted on criminal charges, including attempted murder, but was convicted only of illegal possession of a handgun. However, in a civil trial, damages of $43 million were awarded to Darrell Cabey, who was paralyzed and suffered brain damage as a result of the shooting. This case generated great controversy, especially concerning the justification of vigilantism, and it is important to the study of race and crime because the incident was interracial (Goetz is White) and public statements made by Goetz were viewed by many people as highly offensive.

In testimony, Goetz stated that he shot Cabey a second time, after saying, “You don't look too bad, here's another.” The shot severed Cabey's spinal cord and resulted in his paralysis. A passenger pulled the emergency brake, bringing the train to a stop. Goetz stepped from the train and disappeared into the subway tunnel after briefly checking on two nearby passengers. In media coverage, Goetz became known as the subway vigilante. Reports indicated that the youth had three screwdrivers in their possession and each had an arrest history. Reports of the screwdrivers being sharpened were unfounded but widely reported. Goetz had been the victim of a mugging 3 years earlier after which he attempted to get a license to legally carry a handgun. His permit to legally carry a concealed handgun request was denied, so he resorted to carrying a handgun illegally.

Goetz surrendered to authorities in Concord, New Hampshire, on December 31, 1984. Two confessions by Goetz, one taped in New Hampshire and one later taped in New York, were videotaped and played a role in grand jury proceedings, the criminal trial, and the subsequent civil proceedings against Goetz. A grand jury was convened in late January 1985, and he was indicted on three counts of illegal weapons possession. The grand jury failed to return an indictment on the more serious charges facing Goetz, including attempted murder and assault. The favorable public opinion Goetz enjoyed following the shooting began to wane, and political pressures on the prosecution increased. As a result, the case against Goetz was brought to a second grand jury. On March 27, 1985, Goetz was indicted by a second grand jury on a total of 13 charges ranging from illegal weapons possession to attempted murder. Prior to the [Page 321]start of the trial in the spring of 1987, a significant portion of the indictment was dismissed by the trial judge due to the instructions to the grand jury associated with the reasonable person standard for self-defense; the charges were later reinstated by the Court of Appeals. Goetz had the benefit of the legal defense of Barry Slotnick during his criminal trial.

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