D.A. to Appeal Dismissal of Goetz Charges

Dist. Atty. Robert Morgenthau said Friday that he would appeal the dismissal of attempted murder and assault charges against Bernhard H. Goetz in the 1984 shooting of four youths on a subway train, rather than drop the case or seek a third grand jury investigation.

State Supreme Court Justice Steven G. Crane Jr. on Thursday dismissed four counts of attempted murder and four counts of assault, citing defects in the prosecution’s instructions to the grand jury and what he called the likelihood that the testimony of two victims was false.

Crane upheld reckless endangerment and weapons charges.

The Supreme Court is New York’s trial-level court.

Goetz said he was surprised by Crane’s ruling and hoped “it means that the system will abandon the concept of prosecuting victims.”

Asked for Money

Goetz, an electronics worker, said he shot the four black youths after they surrounded him and one of them demanded money.

A grand jury last January refused to indict Goetz, 38, for attempted murder, but two months later a second grand jury, hearing testimony from two of the victims, indicted Goetz for both attempted murder and assault.

Black leaders, speaking before the decision to appeal was announced, said the Crane ruling could be dangerous for other blacks and asked Morgenthau to send the case to a third grand jury.

The ruling “sends a signal that if you are white you can do almost anything to blacks and the law enforcement apparatus is going to stand behind you,” the Rev. Herbert Daughtry said.