Bernhard Goetz
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Template:NPOV Bernhard Hugo Goetz, born in 1947, became a symbol of New Yorkers' frustrations with high crime rates after he shot four youths on an express subway train in the Bronx in 1984.
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The incident
On the afternoon of December 22, 1984, four African-American youths, Barry Allen, Troy Canty, James Ramseur, and Darrell Cabey, boarded the train on a mission to rob video game machines in Manhattan. Minutes later, Goetz entered the same train and sat down across from the four youths. A few minutes later, two of the youths asked Goetz for five dollars. Goetz, pretending not to hear them, asked them to repeat themselves. Canty responded, "Give me five dollars."
The youths responded to Goetz's refusal by threatening him with sharpened screwdrivers. Goetz had a gun and shot his assailants. Goetz left the subway, rented a car, and drove to Vermont. He almost died in Vermont when he got lost in the woods where he went to bury the gun. He turned himself in to New York City police nine days later.
Public reaction
The "subway vigilante", as Goetz was labeled by New York tabloids, became front page news and stayed there for weeks, partly due to the passions it unleashed in New York and other urban populations. Some viewed the soft-spoken Goetz as a hero for standing up to his attackers and defending himself in an environment where the police were increasingly viewed as unable to effectively combat crime. Others viewed Goetz's action as a violent and criminal over-reaction to the events. Since Goetz was white and the four youths were black, others focused on the racial aspects of the incident and the public reaction that followed. Goetz had once said at a community meeting that the only way to solve the crime problem in his neighborhood would be to get rid of "the niggers and spics" living there.[1] (http://www.newyorkmetro.com/nymetro/news/anniversary/35th/n_8601/)
Criminal trial
The Goetz trial was a significant news event. Goetz confessed to the shooting. Although the law stated that vigilantism was not a valid defense, the jury acquitted Goetz of the shooting but found him guilty of illegal weapons possession. He was sentenced to one year in prison, and served eight months. Race proved to be a minor issue. One of the witnesses, an African-American woman named Andrea Reid, testified that those "punks" got "what they deserve". James Ramseur's mother even said she wasn't sorry about what happened to her son.
All of the youths have committed serious crimes since the original incident, except for Cabey, who remains paralyzed in a wheelchair. James Ramseur was convicted of raping, sodomizing, beating and robbing a pregnant nineteen year old.
Civil trial
Darrell Cabey filed a civil suit against Goetz in 1985. In 1996, a jury found that Goetz had acted recklessly and deliberately inflicted emotional distress on Cabey. The jury awarded Cabey $43 million. Goetz subsequently filed bankruptcy.
At the civil trial, newspaper columnist Jimmy Breslin testified Cabey had told him that he and the others had intended to rob Goetz because "he looked like easy bait."
Goetz on Larry King Live
Twenty years after the incident, Goetz appeared on Larry King Live. He believes that his actions precipitated the drop in crime experienced in New York City in the 1990s. He is now an outspoken vegetarian and advocate of vegetarian alternatives in school lunches.
Court Cases
People v. Goetz, 73 N.Y.2d 751
Goetz was convicted of criminal possession of a weapon in the third degree and sentenced to one year in prison, five years' probation, and fined USD 5,000. He appealed, and the appellate court affirmed the conviction with a reverse and remand for resentencing. The order of the appellate court was affirmed because the trial court did not err 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 defendant guilty. This was not a directed verdict.
References
- Subway Gunman: A Juror's Account of the Bernhard Goetz Trial (ISBN 0945167083).
External links
- Template:Imdb title
- The Legitimacy of Vigilanteism (http://www.saf.org/LawReviews/Cohen1.html)
- Civil Complaint against Goetz (http://www.lectlaw.com/files/cas91.htm)