People V. Goetz - Grand Jury Testimony

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 Jury. 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.