Bernhard Goetz - Civil Trial

Civil Trial

A month after the shootings, Cabey's lawyers William Kunstler and Ron Kuby filed a civil suit against Goetz. The case was tried in 1996, eleven years later, in The Bronx, with race as the dominant theme. During jury selection, Kuby asked the mostly non-white prospective jurors whether they had ever been discriminated against. Goetz admitted to previous use of racial language and to smoking marijuana laced with PCP in the 1980s. Kuby portrayed Goetz as a racist aggressor; Goetz's defense was that when surrounded he reacted in fear of being again robbed and beaten. Newspaper columnist Jimmy Breslin testified that in a 1985 interview, Cabey denied his involvement in an attempted robbery, but said that Canty, Allen, and Ramseur intended to rob Goetz.

The jury found that Goetz had acted recklessly and had deliberately inflicted emotional distress on Cabey. The Daily News stated that Goetz's decision to fire a second shot at Cabey was a key factor in the jurors' decision. The jury 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 judge of the United States Bankruptcy Court ruled that the $43 million jury award could not be dismissed by the bankruptcy. Asked in 2004 whether he was making payments on the judgment, Goetz responded "I don't think I've paid a penny on that", and referred any questions on the subject to his attorney.