Bernie Goetz Subway Shooting (1984),Civil suit resulted in $43 million judgment

The Bernie Goetz Subway Shooting: A $43 Million Civil Judgment and its Implications

On December 22, 1984, Bernhard Goetz shot four young men on a New York City subway train, igniting a national debate about self-defense, urban crime, and race relations. While Goetz was acquitted of most criminal charges, a subsequent civil suit resulted in a $43 million judgment against him, highlighting the complex legal and social ramifications of the incident. This blog post delves into the details of the Bernie Goetz subway shooting, the civil suit, and the lasting impact on personal injury law and public perception of self-defense.

The Incident: A Moment of Fear and Violence

In the early afternoon of December 22, 1984, four young men—Barry Allen, Troy Canty, Darrell Cabey, and James Ramseur—boarded a downtown 2 train in the Bronx. Bernhard Goetz, a 37-year-old electronics specialist, also boarded the train at the 14th Street station in Manhattan. Accounts of what happened next vary, but it is generally agreed that Canty approached Goetz and asked for $5.

Goetz, who had been mugged in 1981 and injured, claimed he felt threatened. He drew an unlicensed .38 caliber handgun and fired five shots, wounding all four youths. One of the shots severed Cabey’s spinal cord, resulting in brain damage and paralysis. After the shooting, Goetz fled the scene, eventually surrendering to police in Concord, New Hampshire, nine days later.

The incident occurred during a period of high crime in New York City. The public reaction was divided, with some hailing Goetz as a hero who stood up against crime, while others condemned his actions as excessive and racially motivated.

The Criminal Trial: A Question of Self-Defense

Goetz was charged with attempted murder, assault, reckless endangerment, and weapons offenses. The case went to trial in 1987, and the jury acquitted Goetz of all charges except criminal possession of a weapon in the third degree. He was sentenced to one year in jail and served eight months.

The key issue in the criminal trial was whether Goetz acted in self-defense. New York law allows the use of deadly force if a person reasonably believes they are in imminent danger of death or serious physical injury. The prosecution argued that Goetz’s actions were not justified, while the defense maintained that he feared for his life.

The Civil Suit: A Different Standard of Proof

In 1985, Darrell Cabey filed a civil suit against Goetz, seeking $50 million in damages. The civil case was tried in 1996. Unlike the criminal trial, where the burden of proof was “beyond a reasonable doubt,” the civil trial required a lower standard of proof: “a preponderance of the evidence.” This meant that Cabey only had to prove that it was more likely than not that Goetz was liable for his injuries.

Another key difference was the composition of the jury. The criminal jury was predominantly white and from Manhattan, while the civil jury was half African American and entirely from the Bronx. Cabey’s attorneys explicitly argued that Goetz was motivated by race, an issue that was only subliminally addressed in the criminal trial.

The civil jury found Goetz liable for reckless and deliberate infliction of emotional distress and awarded Cabey $43 million in damages, including $18 million for pain and suffering and $25 million in punitive damages. This judgment was equivalent to $86 million today. Goetz subsequently filed for bankruptcy.

The Legal and Social Implications

The Bernie Goetz case had a significant impact on personal injury law and the public perception of self-defense. The $43 million civil judgment against Goetz highlighted the potential financial consequences of using force, even in situations where criminal charges are not successful.

The case also raised important questions about the role of race in self-defense claims. The fact that the civil jury found Goetz liable, while the criminal jury acquitted him of most charges, suggests that racial bias may have played a role in the outcome.

Furthermore, the Goetz case led to changes in New York’s self-defense law. Jurors are now instructed to consider whether a hypothetical “reasonable person” would feel imperiled in the defendant’s situation, taking into account the defendant’s personal experiences and perceptions.

Advice

The Bernie Goetz case serves as a cautionary tale for anyone considering using force in self-defense. While the law allows individuals to protect themselves from imminent harm, it is crucial to understand the legal limitations and potential consequences of using force.

Here are some key takeaways:

  • Know your rights: Familiarize yourself with the self-defense laws in your jurisdiction.
  • Assess the threat: Use force only as a last resort, when you reasonably believe you are in imminent danger of death or serious bodily injury.
  • Use reasonable force: The amount of force you use should be proportionate to the threat you face.
  • Consider the consequences: Be aware that you may face criminal charges or civil lawsuits if you use force, even in self-defense.
  • Seek legal counsel: If you are involved in a self-defense incident, contact an attorney as soon as possible.

The Bernie Goetz subway shooting remains a controversial and complex event in American history. The $43 million civil judgment against Goetz underscores the importance of understanding the legal and social ramifications of self-defense. By knowing your rights and acting responsibly, you can protect yourself and avoid potential legal pitfalls.