The Vigilante Trials of Bernhard Goetz and Daniel Penny
Forty years apart, two highly publicized vigilante cases in New York City left a lasting impact on the public and legal scholars alike. The cases of Bernhard Goetz and Daniel Penny have raised questions about racial bias, self-defense, and the perceived dangers of urban crime.
Goetz, then 37, shot four youths on a subway car in December 1984, fearing they were about to rob him. Despite being cleared of attempted murder charges, Goetz was convicted of third-degree weapons possession for carrying an unlicensed gun. The incident sparked widespread debate and concern about rising crime rates in New York City.
In May 2023, Daniel Penny, a 26-year-old Marine veteran, used a chokehold to restrain a man named Jordan Neely on a subway train after Neely began yelling and threatening passengers. A jury later acquitted Penny of criminally negligent homicide.
Both cases involved White men defending themselves against Black perpetrators, raising concerns about racial bias. Penny’s defense team argued that prosecutors had injected racial undertones into the trial, while legal scholars questioned whether Goetz would have taken similar actions if the perpetrators had been White.
The cases reflect a long-standing public fear of urban crime, with both men acting in self-defense. Goetz, who had been mugged multiple times before, pulled out a handgun and shot the youths. Penny used a chokehold to subdue Neely, citing concerns about safety after a spate of subway incidents involving mentally ill homeless people.
While crime rates dropped significantly in New York City in the late 1990s and 2000s, some crimes, including robberies, have risen again in recent years. The vigilante trials of Goetz and Penny serve as a reminder of the complex interplay between law, crime, and societal perceptions of danger.