Retired USFK sergeant hit by stray bullet from Korean police demands justice

Arnold Samberg, 66, a retired USFK Air Force Tech Sergeant, sobs during an interview with The Korea Times in Pyeongtaek, Gyeonggi Province, March 3, recalling the day he was shot by a stray bullet fired by a Korean police officer who was attempting to shoot a fierce dog. Korea Times photo by Choi Won-suk

Accidental shooting case remains unresolved for 3 years, leaving victim traumatized

By Lee Hyo-jin

March 26, 2020, started out as just another ordinary day for Arnold Samberg, a retired U.S. Air Force tech sergeant living in Pyeongtaek, Gyeonggi Province. On his way home from the dentist in the morning, he wanted to drop by a convenience store.

But after seeing a line of police officers, firefighters and paramedics near the store, he changed his mind and headed straight home. He had no clue what they were up to and did not want to get involved.

At that moment, Samberg heard the thunderclap of a gunshot ― a split-second before he felt a sharp pain in his jaw as if a hammer was smashing it. Next thing he knew, he was on the ground bleeding out.

"This is it. I'm going to die," Samberg thought, as paramedics rushed to wrap his jaw in a tourniquet before loading him onto an ambulance. He passed out minutes later.

The next thing he remembers is waking up in an ICU bed at Brian Allgood Army Community Hospital in U.S. Army Garrison Humphreys with stitches in his face.

Police officers in Pyeongtaek later told Samberg that he had been hit by a stray bullet fired by a patrolman from Songtan Police Station, who was trying to shoot a fierce dog across the street.

The officer, surnamed Han, was one of the patrolmen on site responding to a report of the vicious dog that had attacked a pedestrian and their dog, killing the other dog. The officer shot at the canine, but the bullet ricocheted off the ground and struck the right side of Samberg's face, shattering his jaw.

Arnold Samberg uses a pen and paper to communicate while his jaw is wired shut following surgery at Brian Allgood Army Community Hospital in U.S. Army Garrison Humphreys. Courtesy of Jacquelene Samberg

Over the next seven weeks, Samberg underwent multiple surgeries to reconstruct his jaw using marrow from bones in his thigh, waist and right ankle. He couldn't talk, eat or walk properly. Fortunately, the retired sergeant's medical bill was covered by the U.S. government under his insurance plan.

After he was discharged from the hospital, Samberg had to receive another surgery in his lung, which he paid for out of his own pocket.

"I coughed so badly, so I went to the hospital again. I found out that a tooth fallen from my shattered jaw was stuck inside my lung, blocking the airway," he said in a recent interview with The Korea Times.

Samberg, 66, and his family think it's a miracle he's still alive. However, that doesn't change the fact that the shooting has inflicted long-lasting damage on his physical and mental health.

"I can't hardly chew anymore. It's difficult to talk, or I can't even shave because my jaw is in constant pain," he said through clenched teeth.

The pain is not only physical.

As the shooting occurred less than 200 meters from his home, Samberg has to bear with the trauma every time he leaves home. His daughter Jacquelene worries that her dad, who used to be the "man of the house," might never be the same person as he used to be before the incident.

"If you knew my dad before the accident, you would be looking at two different people. You'd be really shocked. He used to joke a lot, he was super active and loved going to museums and parks. But now, he just wants to stay in his own bubble," she said.

Arnold Samberg listens as his daughter Jacquelene speaks during an interview with The Korea Times, March 3. Korea Times photo by Choi Won-suk

"He lays on the bed all the time, which stresses me too actually," his wife Tonia said. "He can't do anything in the house except for throwing away the garbage because of his back pain. At night he screams because of nightmares."

But the police have yet to offer Samberg any compensation. A criminal case filed against Han is still ongoing after three years. The officer has yet to face any penalties such as suspension from duty.

In the years-long back-and-forth with the police, Samberg and his family have been reliving the nightmare again and again.

Due to the slow investigation, Samberg's questions to the police remain unanswered: Why did the officer decide to fire a gun ― a highly rare practice for the Korean police ― in a high-pedestrian zone instead of using a tranquilizer? Aren't the Korean police obliged to fire a blank bullet before using a real one? What protocol does the government have in place for victims of stray bullets from the police?

"Somebody has to be held accountable ― the officer who fired the gun or someone else who gave the order to shoot. If the guy was ordered to shoot the dog, apparently he didn't know well how to use the gun or didn't check the surroundings, and I suffered as a result," Samberg said. "It could have been anybody."

Seen in this photo is the bullet that hit Arnold Samberg on March 26, 2020, in an accidental shooting by a police officer who was responding to a fierce dog. Courtesy of IPG Legal

Investigation drags on

The police have been holding onto the case for too long, in the eyes of Samberg's legal representative attorney Lee Seul-ki at IPG Legal, who speculated that they have purposely done so to minimize legal liability.

Anseong Police Station, which opened an initial investigation against Han in 2020, had concluded the case with a non-referral opinion at the end of 2021, meaning that the officer's actions were legally justified.

But after the case was delivered to the Pyeongtaek branch of the Suwon District Prosecutors' Office, the prosecutors demanded a reinvestigation.

As a result of the reinvestigation late last year, the case was referred to the prosecutors on charges of professional negligence resulting in injuries. If convicted, the officer could face up to five years in prison or up to a 20 million won ($15,000) fine.

The prosecutors have yet to decide whether to indict Han.

Arnold Samberg points to his house from the site of the shooting, March 3. The roof of his house was visible from the convenience store, in front of which Samberg was hit by a stray bullet fired by a police officer. Korea Times photo by Choi Won-suk

"The whole investigation process has been very, very slow compared to other cases I've handled. The officer should clearly be held responsible for his actions," Lee said. "But I don't think the accused police officer is to blame (for the protracted investigation). It must have been high-ranking officials who didn't want the case to proceed further."

Lee added that her client plans to file a separate lawsuit against the Korean government demanding compensation for the physical damage.

Pyeongtaek Police Station, where Han currently works, said it has yet to launch a disciplinary process against him because the investigation is still ongoing.

"In accordance with related protocols, we are waiting for the case to conclude before taking any disciplinary actions on him," said an officer who requested anonymity due to the sensitivity of the matter.

Asked whether Han's shooting ― firing a real bullet without using a blank one beforehand ― can be seen as a breach of safety measures, the officer said, "The use of a blank bullet is only mandatory on people, not in the case of animals. And considering that the dog was a vicious breed, a pit bull terrier, I believe the gunfire was a reasonable judgment made by the officer."

According to him, the police officers had initially used a stun gun attempting to capture the dog. But the dog went wild again and the stun gun ran out of batteries, so the officer was left with no choice but to use the firearm.

Arnold Samberg shows a photo of himself during his service at Osan Air Base in Pyeongtaek, Gyeonggi Province. Korea Times photo by Choi Won-suk

The officer added, "And as far as I know, the officer tried his best to offer an apology to the victim and explain the circumstances."

But Samberg questions the sincerity of the apology. He said the officer reached out to him only after the case was sent to the prosecutors, in an apparent attempt to reach a settlement and avoid indictment.

"Yes, he apologized. But what good is it now?" Samberg said. "Now, I just want the case to be closed quickly, once and for all."