Reply #8: An Eminent Example of Self Defense: [View All]

[Mike K]

I'm reminded of Bernhard Goetz, a timid electronics technician who used the New York City subway system late in the evenings when traveling to and from hospitals where he serviced X-Ray equipment. He had been mugged twice, both times robbed of cash and expensive electronic testing gear, and once he was beaten.

When the City refused to issue him a carry permit Goetz went to New Hampshire for a weekend firearms training course and he purchased a .38, which he carried in defiance of New York's rigid anti-gun law. About eighteen months after his last mugging he was riding in an empty subway car at 1:30 AM when five young men, moving from car to car, sat down surrounding him in a manner familiar to him and began asking him for money. When he refused, their request changed to demands and threats of violence.

When three of the men stood up and approached him in a menacing manner Goetz also rose and drawing his revolver shot all three of them once each. When the train pulled into a station he shot one of the wounded muggers, who was lying face down, in the back on his way out the door and he disappeared into the New York City night.

Because all three of the young men, all of whom survived the shooting, had juvenile records for assault and robbery it became clear after a police investigation that they were shot by an armed citizen in self-defense. The event quickly became a media sensation during which the elusive "Subway Shooter" became a folk hero, not only in New York City but in every city across the Country where street crime is a problem.

After nine weeks Goetz decided (foolishly, in popular opinion) to turn himself in and rely on widespread public approval of his action to impede prosecution -- which probably would have worked were it not for his stupid mistake in shooting the wounded mugger a second and clearly unnecessary time. Ultimately he paid for that mistake with a year on Rikers Island, which was still a relatively mild punishment considering his brazen defiance of the strict gun law and an action which could have carried the full penalty for an attempted murder conviction.

Goetz explained the pivotal fourth shot as a compulsive response to the rage he felt as recollection of the two muggings he'd suffered in the past came to mind. His lawyers entered a plea of "Momentary Insanity." A psychiatrist affirmed the condition and the prosecution acknowledged public support of Goetz by not contesting the plea.

I was disappointed that Goetz fired that fourth shot because it would have been interesting to learn how the court would have dealt with the tremendous public support of Goetz's justifiable action in defending himself with an "illegal" weapon.

Goetz had been mugged twice. He'd reported both incidents. His occupation required him to ride the subways and to move about the City late at night. But his request for a gun license was rejected. In effect the City was saying it's too bad if you get mugged again, or killed, and it's too bad that our police services are unable to protect you. But you can't have a gun.

If not for that redundant fourth shot one can only wonder what impact the Goetz case might have had on New York City's infamous Sullivan (anti-gun) Law.