Criminal case 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. 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.
Indictments 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. 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. Morgenthau granted immunity to Troy Canty and James Ramseur, which he had previously declined to do, allowing them to testify before the second grand jury. In January 1986, Judge Crane granted a motion by Goetz to dismiss these new indictments. Judge Crane dismissed the charges on two grounds: First, he held that the prosecutor had erred when instructing the grand jury that, for Goetz's actions to be protected by New York's self-defense statute, they would have to be objectively reasonable. The prosecution appealed the case, maintaining that a self-defense justification required objective reasonableness and that the statements Judge Crane relied on did not indicate perjury or require dismissal. Goetz was represented by
Barry Slotnick and Mark M. Baker. Goetz conceded that he had shot the four men, but he asserted that his actions were justified by section 35.15(2) of New York's justification statute, which, with non-relevant exceptions, permitted the use of deadly force when actor "reasonably believes that such other person is using or about to use deadly physical force ... or ... is committing or attempting to commit a kidnapping, forcible rape, forcible sodomy or robbery". As to whether Goetz had been threatened, Canty testified that he was merely panhandling when he asked Goetz for $5. Ramseur testified that Canty approached Goetz alone and that he, Allen, and Cabey remained seated, but Ramseur's testimony was stricken after he professed his belief that Goetz would be acquitted regardless of the evidence and eventually refused to answer Slotnick's questions. Neither Goetz nor Cabey testified, and Allen took the
Fifth Amendment. For the defense, Dominick DiMaio, Suffolk County's former medical examiner, testified that Allen, Canty, Cabey, and Ramseur had been standing in a semi-circle around Goetz when he opened fire.—one said the firing lasted "about a second", Goetz appealed the conviction and sentence. As to the conviction, Goetz argued that the judge's jury instructions improperly discouraged
jury nullification; the appellate division and New York Court of Appeals rejected that argument. As to the sentence, Goetz argued that the state's gun laws required, at minimum, a one-year sentence. On remand, Judge Crane sentenced Goetz to one-year incarceration and a $5,000 fine. receiving
credit for good behavior.
Civil litigation Cabey v. Goetz A month after the shootings, Cabey, represented by
William Kunstler and
Ron Kuby, filed a
civil suit against Goetz. The civil case was tried in 1996. Unlike Goetz's criminal jury, which was predominantly White and from
Manhattan, the civil jury was half
African American and entirely from
the Bronx. While race had only been subliminally addressed in the criminal trial, For the defense,
Jimmy Breslin testified that, in a 1985 hospital-bed interview, Cabey, while denying his own involvement, said that Allen, Canty, and Ramseur intended to rob Goetz because he looked like "easy bait," but Cabey's attorneys pointed out that Cabey had suffered brain damage prior to the interview and that Breslin's column described Cabey as "confused." 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. Goetz subsequently filed for
bankruptcy, saying that legal expenses had left him almost penniless. A
United States bankruptcy court judge ruled that the $43 million judgment was . Because Goetz was only "sporadically employed as an electrical engineering consultant," the expectation was that 10% of Goetz's income for the next 20 years would be garnished. Stephen Somerstein, one of Cabey's attorneys, expressed some optimism that a portion of any book deal Goetz signed could contribute to the judgment. In 2000, Kuby told reporters that he had hired a firm specializing in debt collection to pursue Goetz, but he noted that Goetz "appear[ed] to be living in voluntary squalor." The suit was dismissed. In 1994, Goetz filed another defamation action related to
My Life as a Radical Lawyer, a book by Kunstler, published by Carol Communications, Inc. Amongst other claims, Goetz objected to the book's description of him as a "paranoid" "murderous vigilante" who had "developed a hatred for blacks." == Public reaction ==