People v. Goetz
Encyclopedia
People v. Goetz, 68 N.Y.2d 96
(N.Y. 1986), was a decision by the New York Court of Appeals
(the highest court in the state) written by Chief Judge Sol Wachtler
. While the decision does not mention it, this case sparked a media frenzy at the time due to the circumstances of the underlying incident. The defendant, Bernhard Goetz
, was both vilified and exalted in the press and in public opinion.
. On December 22, 1984, four young black men (Troy Canty, Darryl Cabey, James Ramseur, and Barry Allen) boarded a subway
car in the Bronx. Two of the men were carrying screwdrivers in their coats, which they later admitted were planned to be used to break into arcade game
coin boxes.
Bernhard Goetz boarded the train in Manhattan
, and sat near the four men. He was carrying an unlicensed .38 caliber
pistol
on a waistband holster, which was loaded with five rounds of ammunition
.
Canty approached Goetz and told him to give them five dollars. At this point, Goetz stood up, unholstered his pistol, and quickly fired four shots. Three of the men were hit, while Cabey was not struck. Goetz then fired another shot at Cabey, severing his spinal cord
.
Goetz fled the scene and on December 31 surrendered himself to the police in New Hampshire
. He gave two lengthy statements to the police. Goetz admitted to carrying an unlicensed pistol in New York since 1981, which he purchased after he was injured during a mugging
. Goetz stated that when he was approached by the men on December 22, he could tell that they wanted to "play with me". Although he did not believe any of the men were armed, he stated that he feared that he would be "maimed". Goetz established a "pattern of fire," firing from left to right. He admitted to shooting Cabey with his last bullet after the initial barrage.
, was presented to a Grand Jury, which returned an indictment
on January 25, 1985, charging Goetz with one count of Criminal Possession of a Weapon in the Third Degree, and two counts of Criminal Possession of a Weapon in the Fourth Degree. The Grand Jury dismissed charges of Attempted Murder
, Assault
, and Reckless Endangerment
.
The prosecutor
later sought permission from the court to resubmit the case to another Grand Jury with additional evidence. On March 27, 1985, the second Grand Jury returned an indictment charging Goetz with four counts of Attempted Murder, four counts of Assault, one count of Reckless Endangerment, and one count of Criminal Possession of a Weapon in the Third Degree. This indictment was consolidated with the prior indictment.
On October 14, 1985, Goetz moved to dismiss the second indictment, claiming that the prosecutor's instructions with respect to the issue of justification were erroneous and prejudicial. While the motion was pending, a columnist with the New York Daily News
interviewed Cabey in the hospital. Cabey told the columnist that the men had approached Goetz with the intention of robbing him. The following day, one of the first police officer
s on the scene informed the prosecutor that Cabey had admitted to him that the men intended to rob Goetz. The prosecutor informed the court and defendant
about this communication. Goetz then expanded his motion to dismiss to include the claim that Ramseur and Canty, who had testified before the Grand Jury, must have committed perjury
.
On January 21, 1986, the Criminal Term court granted the defendant's motion to dismiss with respect to all counts except for the Reckless Endangerment charge, with leave to represent to a third Grand Jury. The reasoning by the court was that the prosecutor, when charging the Grand Jury with respect to the justification defense, incorrectly told the Grand Jury that they must consider whether Goetz's actions were those of a "reasonable man
in [Goetz's] situation". The court held that this charge created an objective
test of Goetz's beliefs. The court held that the test for whether the use of deadly force is justified should be entirely subjective
, focused on the defendant's state of mind at the time of the incident. An additional reason given by the court for dismissal was that it was extremely likely that the Grand Jury based their decision on perjured testimony, pursuant to the Daily News article and the subsequent statement by the police officer.
On April 17, 1986, the Appellate Division affirmed the decision of the lower court, prompting the appeal
to the New York Court of Appeals.
requires an objective element, in that deadly physical force is only permissible if a reasonable person would believe that he is in imminent fear of serious physical injury or death. This would prevent the slippery slope
of a different reasonable test necessary for every single defendant claiming justification.
With respect to the lower court's alternate theory for dismissal, the perjury issue, the Court held that there was no basis for the lower court to suspect perjury, and that there was no basis in statute or case law permitting a dismissal merely because new information comes to light which may lead a defendant's acquittal.
Therefore, the Court reversed the lower court on both grounds, and reinstated all counts of the indictment.
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(N.Y. 1986), was a decision by the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. 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 to 14-year terms...
(the highest court in the state) written by Chief Judge Sol Wachtler
Sol Wachtler
Solomon Wachtler, born , is a lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1985 to 1993. Known for the remark, "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity" , Wachtler was a key figure in...
. While the decision does not mention it, this case sparked a media frenzy at the time due to the circumstances of the underlying incident. The defendant, Bernhard Goetz
Bernhard Goetz
Bernhard Goetz is an American man best known for shooting four young African American men who tried to mug him on a New York City Subway train, resulting in his conviction for illegal possession of a firearm. He came to symbolize New Yorkers’ frustrations with the high crime rates of the early...
, was both vilified and exalted in the press and in public opinion.
Grand Jury Testimony
As this decision was issued prior to a final disposition in the case, the facts presented here were still in dispute and the Court summarized the testimony given before the Grand JuryGrand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
. On December 22, 1984, four young black men (Troy Canty, Darryl Cabey, James Ramseur, and Barry Allen) boarded a subway
Rapid transit
A rapid transit, underground, subway, elevated railway, metro or metropolitan railway system is an electric passenger railway in an urban area with a high capacity and frequency, and grade separation from other traffic. Rapid transit systems are typically located either in underground tunnels or on...
car in the Bronx. Two of the men were carrying screwdrivers in their coats, which they later admitted were planned to be used to break into arcade game
Arcade game
An arcade game is a coin-operated entertainment machine, usually installed in public businesses such as restaurants, bars, and amusement arcades. Most arcade games are video games, pinball machines, electro-mechanical games, redemption games, and merchandisers...
coin boxes.
Bernhard Goetz boarded the train in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, and sat near the four men. He was carrying an unlicensed .38 caliber
Caliber
In guns including firearms, caliber or calibre is the approximate internal diameter of the barrel in relation to the diameter of the projectile used in it....
pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
on a waistband holster, which was loaded with five rounds of ammunition
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
.
Canty approached Goetz and told him to give them five dollars. At this point, Goetz stood up, unholstered his pistol, and quickly fired four shots. Three of the men were hit, while Cabey was not struck. Goetz then fired another shot at Cabey, severing his spinal cord
Spinal cord
The spinal cord is a long, thin, tubular bundle of nervous tissue and support cells that extends from the brain . The brain and spinal cord together make up the central nervous system...
.
Goetz fled the scene and on December 31 surrendered himself to the police in New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. He gave two lengthy statements to the police. Goetz admitted to carrying an unlicensed pistol in New York since 1981, which he purchased after he was injured during a mugging
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. Goetz stated that when he was approached by the men on December 22, he could tell that they wanted to "play with me". Although he did not believe any of the men were armed, he stated that he feared that he would be "maimed". Goetz established a "pattern of fire," firing from left to right. He admitted to shooting Cabey with his last bullet after the initial barrage.
History
The case, defended by Barry SlotnickBarry Slotnick
Barry Slotnick is a New York defense attorney, best known for defending Bernhard Goetz.-Early life:Slotnick was born in The Bronx in 1939 to Jewish Orthodox Russian immigrants. He graduated with a B.A. from City College of the City University of New York, a J.D. from New York University Law School,...
, was presented to a Grand Jury, which returned an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
on January 25, 1985, charging Goetz with one count of Criminal Possession of a Weapon in the Third Degree, and two counts of Criminal Possession of a Weapon in the Fourth Degree. The Grand Jury dismissed charges of Attempted Murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, Assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, and Reckless Endangerment
Endangerment
In US law, endangerment comprises several types of crimes involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person....
.
The prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
later sought permission from the court to resubmit the case to another Grand Jury with additional evidence. On March 27, 1985, the second Grand Jury returned an indictment charging Goetz with four counts of Attempted Murder, four counts of Assault, one count of Reckless Endangerment, and one count of Criminal Possession of a Weapon in the Third Degree. This indictment was consolidated with the prior indictment.
On October 14, 1985, Goetz moved to dismiss the second indictment, claiming that the prosecutor's instructions with respect to the issue of justification were erroneous and prejudicial. While the motion was pending, a columnist with the New York Daily News
New York Daily News
The Daily News of New York City is the fourth most widely circulated daily newspaper in the United States with a daily circulation of 605,677, as of November 1, 2011....
interviewed Cabey in the hospital. Cabey told the columnist that the men had approached Goetz with the intention of robbing him. The following day, one of the first police officer
Police officer
A police officer is a warranted employee of a police force...
s on the scene informed the prosecutor that Cabey had admitted to him that the men intended to rob Goetz. The prosecutor informed the court and defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
about this communication. Goetz then expanded his motion to dismiss to include the claim that Ramseur and Canty, who had testified before the Grand Jury, must have committed perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
.
On January 21, 1986, the Criminal Term court granted the defendant's motion to dismiss with respect to all counts except for the Reckless Endangerment charge, with leave to represent to a third Grand Jury. The reasoning by the court was that the prosecutor, when charging the Grand Jury with respect to the justification defense, incorrectly told the Grand Jury that they must consider whether Goetz's actions were those of a "reasonable man
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
in [Goetz's] situation". The court held that this charge created an objective
Objective approach
Taking an objective approach to an issue means having due regard for the known valid evidence pertaining to that issue. If relevant valid evidence is denied or falsified, an objective approach is impossible...
test of Goetz's beliefs. The court held that the test for whether the use of deadly force is justified should be entirely subjective
Subjectivity
Subjectivity refers to the subject and his or her perspective, feelings, beliefs, and desires. In philosophy, the term is usually contrasted with objectivity.-Qualia:...
, focused on the defendant's state of mind at the time of the incident. An additional reason given by the court for dismissal was that it was extremely likely that the Grand Jury based their decision on perjured testimony, pursuant to the Daily News article and the subsequent statement by the police officer.
On April 17, 1986, the Appellate Division affirmed the decision of the lower court, prompting the appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
to the New York Court of Appeals.
Opinion of the Court
Judge Tyler Niccum wrote for a unanimous court. The Court held that to use an entirely subjective test to determine whether a defendant appropriately used deadly physical force would be very dangerous, in that it would permit a jury to acquit every defendant who believed that his actions were reasonable, regardless of how bizarre the rationale. The Court explained that the justification statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
requires an objective element, in that deadly physical force is only permissible if a reasonable person would believe that he is in imminent fear of serious physical injury or death. This would prevent the slippery slope
Slippery slope
In debate or rhetoric, a slippery slope is a classic form of argument, arguably an informal fallacy...
of a different reasonable test necessary for every single defendant claiming justification.
With respect to the lower court's alternate theory for dismissal, the perjury issue, the Court held that there was no basis for the lower court to suspect perjury, and that there was no basis in statute or case law permitting a dismissal merely because new information comes to light which may lead a defendant's acquittal.
Therefore, the Court reversed the lower court on both grounds, and reinstated all counts of the indictment.
Standard for justification
The standard for justification shifted after rulings in the case. Jurors are now told to consider a defendant's background and to consider whether a reasonable person would feel imperiled if that reasonable person was the defendant.Aftermath
Ultimately, the jury in the criminal trial acquitted Goetz of all the charges except criminal possession of a weapon in the third degree. One of the victims of the shooting, Darrell Cabey, who remained paralyzed, sued Goetz. The jury found in favor of Cabey and awarded him the sum of $18,000,000 in compensatory damages and $25,000,000 in punitive damagesPunitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
.