Goetz Cleared in Shooting of 4 Youths on N.Y. Subway : But He’s Guilty of Gun Charge

A jury found Bernhard Goetz innocent of attempted murder today for shooting four young men on a subway car 2 1/2 years ago but convicted him of a lesser weapons possession charge.

Goetz stood calmly, his shoulders slightly bowed, his eyes downcast as jury foreman James Hurley read the verdicts in the crowded state Supreme Court room. His ordeal finally at an end, he then shared a quiet laugh with his attorney, Barry Slotnick.

A buzz covered the chamber, but there were no displays of approval or disapproval as the verdicts were read.

The eight men and four women reached their verdict on the fourth day of deliberation, shortly after they asked to rehear testimony by the only witness who said he saw Goetz shoot one of the four while the young man was seated.

Acquitted of 12 Charges

In all, Goetz was acquitted of 12 charges, including second-degree attempted murder and first-degree assault, and was found guilty only of third-degree weapons possession, for using the unlicensed .38 revolver in the shooting which took place on Dec. 22, 1984.

Criminal possession of a weapon in the third degree carries a minimum penalty of probation and a maximum prison term of seven years.

The jury received the case Friday afternoon from Justice Stephen Crane after a seven-week trial. The jurors deliberated more than 32 hours over four days before reaching their conclusion.

Earlier today, the jurors had reread the testimony of witnesses Christopher Boucher, a 30-year-old window display designer from San Francisco, and Loren Michals, 33, a credit manager.

Boucher, who was visiting New York, was with Michals on the subway on Dec. 22, 1984, when Goetz shot the teen-agers after one of them asked him for $5.

Watched Shooting

Boucher testified that he watched Goetz shoot three and then walk over to the fourth, Darrell Cabey, and shoot him while Cabey was seated. The point was crucial since Goetz maintained that he shot the young men, all 19 at the time, because they had surrounded him and were about to beat and rob him.

Boucher was also the only witness to testify that he heard a pause between Goetz’s fourth and fifth shot. The point was important because the defense maintained that Goetz fired the shots in “rapid succession,” indicating that he was deathly afraid and did not have time to reflect on what he was doing.

Acting state Supreme Court Justice Stephen Crane agreed to the requests. He also gave jurors a statement Boucher gave to police on the day of the shooting, in which Boucher said he believed there were five or six young men and that two were sitting on the bench where Cabey was shot.

Asked for Statements

The jurors also asked for Michals’ statements to police. Crane advised them that only Boucher had made such a statement, and they could see that and the requested photographs of the subway car in which the shooting occurred.

Slotnick had expressed concern about the jury’s lengthy deliberations and said it would be a “tragedy for America and the world if Bernhard Goetz were convicted.”

In their first three days of deliberations, Crane gave the jury different versions of his instructions on three key points.