Pressure Grows for New Inquiry : Goetz ‘Snapped’ When He Shot Four, Attorney Says

NEW YORK —  As pressure mounted for a new grand jury inquiry, Bernhard H. Goetz’s lawyer said Friday that Goetz had “snapped,” was “out of control” and “turned into a monster” when he shot four youths on a Manhattan subway last Dec. 22.

Police records revealed this week that Goetz admitted that he “was not in fear of his life,” that he “knew (the youths) didn’t have a weapon,” that he had used three potentially lethal hollow-point bullets similar to dumdum bullets, and that he had stood over one fallen youth and fired a second time when he “saw no blood.”

Goetz’s attorney, Joseph Kelner, nonetheless asserted in an interview Friday that “there’s absolutely no doubt” that Goetz, who had been mugged on an earlier occasion, shot the four in self-defense. A Manhattan grand jury in late January, finding justifiable self-defense, indicted Goetz on weapons charges but refused to indict him for attempted murder or assault.

‘Turned Into Monster’

“He stated that he snapped, that he went out of control, that he was out of control for five, six, eight or 10 seconds, during which time he turned into a monster because of his instincts for survival,” Kelner said. “During those few seconds, he was not with it, not in control.”

In a separate interview, Manhattan Dist. Atty. Robert Morgenthau confirmed Friday that he is still investigating the case and is considering presenting it again to a second grand jury if he uncovers new evidence.

In response to a question during a telephone interview, Morgenthau, attending a conference in Jacksonville, Fla., said that the testimony of one of the four youths could be the evidence he needs to present the case again. None of the four agreed to testify without immunity before the first grand jury.

In New York, C. Vernon Mason, an attorney for one of the victims, said that he would not recommend that any of the youths testify. Mason said that he has “no confidence” in Morgenthau’s office.

Evidence Made Public

Goetz’s description of his state of mind and the events on the subway were disclosed Wednesday when the prosecutor gave police records, videotapes and other evidence used before the grand jury to Goetz’s lawyers. The evidence was then placed in the court record and made public.

Goetz told police in Concord, N.H., when he surrendered on Dec. 31, that the four youths “showed no outward signs of being armed or a danger to him” when one asked him for $5, but that he felt their “body language . . . was enough.”

In his report, Officer C. Domian said that Goetz “drew a pattern of fire” before shooting, “indicating he was going to shoot from left to right in the quickest and most effective manner as possible.”

After checking three of the victims, Goetz said that he approached the fourth, sprawled on a subway bench. “He saw no blood, he then made the statement to the fourth, ‘You’re doing OK, here’s another one,’ and he shot a second time at the fourth subject,” Officer Warren Foote wrote.

Wanted Truth Revealed

Ending his report, Foote added that Goetz wanted police to know the truth.

“He did not feel threatened by the subject asking him how he was, or asking him for the $5; it was the whole total situation of the incident that took place that caused the shooting,” Foote wrote. “Mr. Goetz stated that he thought it was funny that these four black subjects thought they had him trapped, when in fact they were trapped.”

Ron Kuby, a lawyer for one of the four shooting victims, said that the confession showed Goetz was guilty of “a cold-blooded, premeditated act.” He and other lawyers for the four called for the appointment of a special state prosecutor.