Tag: taxi cab

GI Flashbacks: The 2006 Dongducheon Taxi Brawl

A Birthday Gone Bad

On April 15, 2006 a group of USFK Soldiers Private First Class. Nicholas Acosta, Private Jesse D. Findley, Specialist Nick W. Davis and Specialist Shawn R. Kiely along with Davis’ wife and one of her friends went out to the A1 Club in the Dongducheon ville to celebrate a birthday.  After spending some time at the club the group decided to leave which is when something happened that would have profound consequences for the Soldiers in the group:

Upon leaving, a South Korean man downstairs gave Acosta, Findley and Kiely “a weird look” and began speaking in Korean to Kiely, Acosta said.

“I told Kiely, ‘Just go, go,’” Acosta said. “I tried to calm the Korean down, but there was a lack of communication. Then he came between me and the wall, and hit Kiely.”

The Korean man, 19-year-old Lee Yong-whan, told police the fight started when he and a soldier bumped shoulders.  [Stars & Stripes]

So basically people who had been drinking and could not properly communicate bumped shoulders and the confrontation ultimately turned into a brawl.  Some how during the fight the Korean group with Lee got access to a metal pipe to beat the Soldiers with.

This photo, provided by Pfc. Nicholas Acosta’s defense attorney, shows what Acosta claims are injuries from an April 15 incident in which he says he was hit with a metal pole outside a bar. The attorney and Acosta said the photo was taken shortly after the incident. COURTESY OF JIN HYO-KEUN
This photo, provided by Pfc. Nicholas Acosta’s defense attorney, shows what Acosta claims are injuries from an April 15 incident in which he says he was hit with a metal pole outside a bar. The attorney and Acosta said the photo was taken shortly after the incident.  (Stars & Stripes)

The group of Americans tried to get away from the group of Koreans by exiting the club and jumping into a taxi cab.  Unfortunately the taxi cab’s window was down and SPC Kiely was still getting punched through the window.  The Soldiers screamed at the taxi driver to start moving, but the Koreans demanded that the taxi driver get out.  The driver exited the taxi and the attack on the Americans continued.  This is when PFC Acosta decided to jump into the driver’s seat and steal the taxi:

 

“I didn’t want to steal the taxi,” Acosta said. “Davis was a mess and Kiely was still getting hit. The only thing we could do was take the vehicle and get out of it.”

Acosta drove for about a mile before being stopped by Korean National Police, he said. [Stars & Stripes]

Stealing the taxi worked to escape the brawl, but it ended up turning an already bad situation into an even worse one.  The Korean police stopped the group by firing warning shots into the air telling them to exit the taxi.  The Soldiers exited the taxis and took out their military ID cards, but the police according to the group began to beat them with batons.  The police deny this accusation. Acosta and the other Soldiers decided not to file a complaint against the Dongducheon police because they did not want to complicate the legal process any more than they needed to.

The ROK Legal Process

Since Acosta stole the taxi he was charged with the most serious crimes of assault, illegal use of a vehicle, property damage, drunken driving and driving without a license.  Korean prosecutors were seeking an 18-month jail sentence for Acosta.  The other Soldiers involved in the fight all received fines from the city of Uijeongbu.  During the legal proceedings a common issue for Soldiers in ROK court surfaced again when PFC Acosta complained that he could not understand his court appointed translator:

Pfc. Nicholas Acosta enters the Uijeongbu District Court on Wednesday prior to his hearing on charges of assault, illegal use of a vehicle, property damage, drunken driving and driving without a license in connection with a fight outside a bar in Dongducheon on April 15.
Pfc. Nicholas Acosta enters the Uijeongbu District Court on Wednesday prior to his hearing on charges of assault, illegal use of a vehicle, property damage, drunken driving and driving without a license in connection with a fight outside a bar in Dongducheon on April 15.

The soldiers repeatedly asked the translators to clarify questions, and defense attorney Jin Hyo-keun had to translate some of the proceedings for his clients. Also, Judge Jung Jin-ho ordered the junior of the two translators to take over the duties over the senior translator’s objections.

When the soldiers left the courtroom before noon, both complained to their attorney, saying they didn’t understand what was happening in court.  (………)

During Wednesday’s testimony, a Stars and Stripes translator heard the judge ask both soldiers, separately, whether they “admitted” to various aspects of their cases. The court translators, however, asked the soldiers only whether they were “aware” of those aspects. The soldiers answered “yes” to nearly every question.  [Stars & Stripes]

Acosta’s defense lawyer lodged a complaint which led the court to replace the translators for the sentencing hearing.  He did not want to demand a re-trial because he felt that the $9,000 restitution Acosta agreed to pay to the Koreans that beat him would lead to a suspended sentence.  Acosta’s defense lawyer would be proven correct when he received a suspended sentence from the Korean court:

Judge Jung Jin-ho sentenced the soldier, Pfc. Nicholas Acosta, to eight months in prison for assault, property damage, drunken driving and driving without a license in connection with the incident. Jung suspended Acosta’s sentence for two years on the condition the soldier stays out of trouble in South Korea.

Acosta blew a sigh of relief and smiled at fellow soldiers as he left the courtroom, but he refused to comment. Prosecutors had sought an 18-month jail sentence.  [Stars & Stripes]

Acosta followed good legal advice by apologizing to the court, paying restitution and keeping quiet during the ROK legal process.  This is the best way to try and receive a suspended sentence.  On the Korean side of this incident the only person to face punishment was the instigator of the fight, Lee Yong-whan who admitted to starting the fight and was fined $2,000 which was later dropped to $1,500:

Jung dismissed an appeal by 19-year-old Lee Yong-whan, the South Korean accused of starting the April 15 fight. Lee complained that his 2 million won (about $2,000) fine is excessive.

The judge said he understood that Lee faces financial difficulties and knocked off 500,000 won (about $500) for the one day that Lee spent in police confinement.

But Jung warned Lee that since he started the fight, the remaining fine was just.

Lee told Stars and Stripes that while he feels “partly responsible” for the fight, the fine isn’t fair.

Seeing Acosta in his dress uniform — Lee was in the courthouse audience as he waited for his separate appearance — was difficult, Lee added.

“Yes, when seeing the soldier, I feel furious,” he said.  [Stars & Stripes]

I am not sure what Lee feels so furious about when Acosta is the one that was beaten down with a metal pipe and forced to pay $9,000 in restitution which is enough money for Lee to pay off his own fine.

Conclusion

The biggest lesson people should learn from this 2006 incident is that you do not necessarily have the right to self defense in Korea, especially as a foreigner.  PFC Acosta was assaulted and beaten with a metal pipe and he was the one facing serious jail time and forced to pay $9,000 in restitution to the people that beat him.  Getting into a physical altercation in Korea should be the absolute last resort and whatever you do never pull out a weapon because that just makes things worse.  It is always better to just apologize and if that doesn’t work, run away from a possible altercation.  Just make sure not to steal a taxi cab in the process of escaping.

Note: You can read more GI Flashbacks articles by clicking on the below link: 

Naked USFK Soldier Killed by Taxi Cab

Just when you thought you had seen it all in regards to taxi cab related incidents you find out you in fact haven’t. From the Stars and Stripes:

A nude U.S. soldier was struck and killed by an off-base taxi Saturday night, officials said Monday.

U.S. and South Korean officials are investigating the incident in which Spc. Vang B. Her, a 22-year-old fire control repairman with Company B, 302nd Brigade Support Battalion, was killed around 10:30 p.m. near Mount Soyo, about 3 miles north of Camp Casey.

The 46-year-old taxi driver is being held in South Korean police custody because he waited about 30 minutes before reporting the incident, Yangju police said Monday.

Police said the driver reported that a naked soldier dashed in front of his taxi and that he was unable to stop before hitting him.

Witnesses, however, gave conflicting reports that Her was lying in the roadway when hit, according to police.

This is really weird because the area around Mt. Soyo has no clubs or drinking establishments that would attract a GI. The only thing around Mt. Soyo are a few hotels and stores for tourists going to visit the mountain. Possibly he was riding on the subway and fell asleep and woke up at the last stop which is the Soyo Mountain station. He would need to cross the street from the station to get on the sidewalk that would lead south back to Camp Casey.

The only way I see the cab driver getting in trouble is if he was speeding which on that portion of Highway 3. Cab drivers and other vehicles are notorious for speeding and running red lights in that part of town because of the light traffic at night due to it not being a night life area. So you may have a case (if he was drinking) of a drunk soldier walking across the street being hit by a speeding taxi cab running a red light. How the heck he got naked though is anyone guess. Whatever happened it is definitely very weird and hopefully the toxicology results and a full investigation will uncover what happened.

In response to this USFK Commander General B.B. Bell issued this Bells Sends message in regards to this accident. General Bell emphasizes the battle buddy policy and the dangers of over alcohol consumption. However, I know the General means well, but do you have to include in the message reminders to look both ways and check for traffic before crossing the road to a bunch of grown adults? Anyway, no matter what happened the loss of life of a soldier is always tragic and I wish this deceased soldier’s family all the best.

You can read more over at Lost Nomad.

What is Really Happening In Regards to GI Crime

UPDATE #1: Yonhap has a few more details about the taxi cab incident this weekend. However, nothing has been provided yet to explain what happened to cause soldiers to “run amok.”

_____________________________________________

The Lost Nomad inquires why incidents between soldiers and Koreans keep happening in 2ID. The Marmot also is wondering what the heck is going on in 2ID. I’m sorry but this is a long post but some things just need to be said.

Now let me shed some light on what is going on. Basically the ville here is a big play pen for the soldiers. With the curfew and other restrictions on the soldiers they have few options other than go to the ville. There are very limited entertainment options on post so they turn to the ville. Then to top things off the battle buddy policy makes it nearly impossible for the soldiers to carry on any meaningful relationship with anyone other than drinky girls. How many girls would like a boyfriend that has to bring their buddy with them on every date everywhere they go. Not my idea of a romantic time out.

Something else that ukes me is that the USFK leadership constantly harps on alcohol abuse and human trafficking and prostitution but what do we do, we send the soldiers to spend the majority of their free time in a place that promotes alcoholism and prostitution: the ville! The Army creates conditions for these soldiers to get in trouble through their policies that indirectly promote what I call the “ville culture”.

What I really find interesting is that the drinking age is raised to 21 to reduce alcohol related incidents but these underage soldiers are still allowed to go into all the clubs. Why are the underage drinkers allowed in these clubs to begin with? Underage drinkers are not allowed into drinking establishments in the US so why should it be allowed here? We tell the underage people not to drink but then we set conditions for these guys to fail and get in trouble because the alcohol and sex is waved right in their face. You got 18-20 year old soldiers in a club with ajuma pushing alcohol and half naked Russian & Phillipino drinky girls on them making the soldiers feel like a king. A lot of them cannot resist the temptation at their age. So the soldiers drink get involved with these drinky girls and take this I’m king of the ville attitude with them everywhere else they go in Korea.

Things like fights in the ville, beer bottles over the head, and other similar incidents happen in the ville but the club owners do not publicize it. They let the MPs handle it and let it go through UCMJ (Uniform Code of Military Justice) channels instead of the local police because they don’t want to harm business with the GIs in the ville. Soldiers do get seriously hemmed up under UCMJ. If you get an alcohol related incident you can count on some serious punishment. However, this “what happens in the ville, stays in the ville mentality” carries over into the real Korea outside the play pen called the ville by some of these soldiers.

So when a drunk Korean in a situation outside the ville bumps into a soldier and they exchange words and maybe a few shoves the “what happens in the ville, stays in the ville” mentality takes over for some of these soldiers because these soldiers may have seen over their time in Korea people get in fights in the ville over the same reason and appear not to get in any trouble because they do not see the UCMJ process that takes place. So they get in an with the ajushi and walk away thinking it is no big deal. When it happens in the play pen called the ville it may not be a big deal but outside the ville it is a big deal because there is no business interests that wants to keep it hush hush.

Even if the soldier did not provoke the fight in the end the soldier will be the bad guy and ajushi an innocent victim. I have seen it to many times with my own eyes the Korean police side with crooked or drunk ajushis over altercations with soldiers though the ajushi was clearly in the wrong. Another factor that plays into this; is that in the US when you are provoked or assaulted you feel you have the right to self defense and will not get in trouble if you are assaulted by someone else. Here in Korea it is usually the guy who is beat up the most who is declared the victim no matter who started the fight. So if a soldier got the worst end of a fight with an ajushi and a beer bottle across his face you would hear nothing about it and it has happened before because I have seen it with my own eyes.

I will give you an example of an altercation that could of gone bad if the NCO involved didn’t keep his cool. Four NCOs get in a cab at the ville to get back to camp before curfew. One of the NCOs closes the door to the cab and a sun visor on the window falls off and ajushi starts claiming the NCO broke the sun visor and demands $30. The NCO will not pay ajushi because he knows all he did was shut the door and ajushi set him up to claim that he broke the sun visor. So the NCO continues to refuse to pay and the ajushi begins to grab the NCO and push him and making a scene demanding that he pay him. Ajushi is clearly trying to provoke a situation where some people may have hit him or pushed him back for the pushing and grabbing he was doing of the NCO.

If the NCO would of hit ajushi the Korean media would of dubbed it an American NCO runs amok in 2ID assaulting a taxi cab driver after being drunk and damaging the taxi. That is how it would sound in the Korean media with no reference to the soldier’s side of the story. That is why I say we should wait for more of the story from these past couple of ville incidents. But the soldiers in the other incidents even though they may have been provoked by the ajushis; they should not have beat the crap out of him even though they felt justified to, because they will not win in the Korean courts and have absolutely no chance of winning in the Korean court of public opinion. So as I have said before, swallow your pride and walk away because I hate seeing soldiers get hemmed up or thrown in jail for this stupid stuff.

Anyway back to my story, the NCO refused to be provoked by the taxi cab driver though he felt he was being by the cab driver. Eventually the KNPs come over to see what is going on. The NCO had the other NCOs with him as witnesses to what happened and the KNPs say that they are biased witnesses since they are his friends. Then he finds other American soldier witnesses who were standing nearby and saw what happened and they verify the NCO’s story. The KNPs say that those witness are not reliable because they had been drinking. The taxi cab driver then has other taxi cab drivers verify his version of events and the KNPs take that to be the truth. How are the American witnesses all biased but the other taxi cab drivers are not? The KNPs demand that he pay $30 or he will be taken to jail. He says fine take me to jail because I will not pay this crooked taxi cab driver.

By this time the American MPs arrive and see what is going on. They do nothing and tell the NCO to pay or he will be arrested by the KNPs and will make the blotter and his chain of command will be notified and be angry with him. He had already called his battalion Command Sergeant Major so the chain of command was already notified and trying to coordinate transportation to pick them up. However, the other NCOs with him all decided to chip in and pay the $30 because it was now past curfew and they just wanted to get back to camp. They ask the MPs for a ride and the MPs say they are busy and can’t give them a ride. They needed to take a taxi back to the camp.

All the other taxi cab drivers would refuse to take them and told them they had to take the taxi cab of the driver that just extorted $30 from them. All these taxi cab drivers in the ville are vultures that work together to extort money from GIs so they all were going to let this taxi cab driver further extort money from these soldiers because they all do the same thing. So they had to take the taxi back to camp and the driver extorts them by demanding $10 for a ride that by the meter would cost about 4000 won.

What kind of image of Korea do you think these GIs will carry of Korea the rest of their lives when they return to the states? Basically they will remember a trashy ville filled with prostitutes and alcohol, ajushis trying to rip them off, crooked policemen complacent in it, and MPs that did nothing to help them. That is the image Korea is portraying to many GIs. USFK only adds to the problem by setting conditions that cause things like this to happen by promoting the ville culture due to all the restrictions and regulations. A simple thing that could of prevented the incident from above from happening is that buses that run between camps should run later. Currently they stop running at 2100. There should be what I call the curfew bus that picks everyone up out of the ville at curfew or have a fleet of AAFES taxi there waiting to pickup soldiers so they don’t have to deal with the Korean cabs.

That is my two sense on what is happening. This is what the Nomad thinks should happen:

Why don’t we read about military personnel from Taegu, Camp Humphreys or Osan doing stuff like this? Is it something in the water up there? I have to wonder how long before USFK leadership cracks down, and hard?

Maybe, just maybe, it’s time to stop holding only the individuals accountable. Maybe, just maybe, it’s also time to hold their supervisors accountable. And their supervisor’s supervisors. Or, if someone from a unit screws up like this, make the entire unit pay for it – lock them on base/post for 30 days with no liberty, period. Maybe, just maybe, it’s time to stop concentrating on stopping prostitution (which should be left to the Koreans in the first place) and start concentrating on what’s causing this recent rash of incidents. Something is broken and it needs to get fixed.

First of all it would be easy for somebody to say why does all the other Area’s in Korea have all these drunk driver’s and hit and runs that give all us here in Area 1 all a bad name? There are drunk drivers in Area 2,3, & 4 because of the conditions there. Many soldiers until recently when the regulation was changed to E7 and up could drive vehicles in those areas, where in Area 1 you cannot. So you add the promotion of alcohol along with the ability to drive and you have drunk driving incidents.

You don’t have as many drunken fights between soldiers and Koreans because in the other Areas there is much more to do on post compared to 2ID camps. Going to the posts in Yongsan and Osan is like going to Disneyland for someone from 2ID. However to say these areas do not have their own share of problems is untrue. The infamous Shinchon Stabbing Incident involved soldiers from Camp Humphreys. Yongsan has had a soldiers that killed prostitutes in Itaewon just like 2ID has. So their is plenty of finger pointing that can be done depending on ones perspective.

Some of suggestions the Nomad has provided has already been done. I have seen multiple units get locked down on post for weeks at a time due to a string of alcohol related incidents in the unit and that still does not fix the problem. The incidents keep happening.

The only way I see to reduce the problem is to change the culture in ville. However, the problem will never be fully eliminated because there will always be stupid people who do stupid things. Is the military able to eliminate all alcohol related incidents in the US? No way, so it can’t be expected that USFK can end all alcohol related incidents in Korea.

However, more can be done to reduce the amount of incidents such as providing more things to do on post for one. The crappy clubs on post filled with guys and slot machines get old after a while. Why isn’t there regular shuttle buses that run to Everland or Lotte World? Or regular shuttle buses to different Korean National Parks that run at regular times? How about giving out more passes to soldiers to stay out over night so they can travel to some of these places. I can think of many things that can be done that provides something other than getting drunk for soldiers.

With the curfew and travel restrictions in 2ID it is tough for the soldiers to do anything other than get drunk and go to the ville. So it is important the change the current ville culture. So how do you do this? First of all, why are underage drinkers allowed in the ville? Why are clubs that have Russian and Phillipino drinky girls not off limits? Everyone knows they are not there to sweep floors but for prostitution. With all the preaching about human trafficking and prostitution, why are they not off limits? It is because USFK doesn’t want to piss off the locals who maintain the play pen. If underage drinkers were not allowed in the ville and places with foreign nationals were put off limits the club owners would lose a lot of money and may cause problems for USFK by publicizing “incidents” or holding protests. However, in the long run these club owners would have to change their business models and clean up the ville and create a club atmosphere that is more what you would see in states. These are just some simple suggestions.

If the Army really wants to create a culture change around here allow more command sponsored families here. All these married guys wouldn’t be getting drunk and hanging out in the ville if their families were here. This would greatly reduce the amount of people in the ville thus reducing incidents. Plus the ville would have to have to adjust their business models to attract families to want to go to the ville such as more family restaurants that would replace some drinky girl clubs. This is something that the other areas in Korea have going for them compared to Area 1 where there in no command sponsored families. This may be why Area 1 may appear to have more incidents.

Obviously this is a very complex problem that is not easy to solve. I don’t pretend to have all the answers, but I am just offering what I believe to be worthwhile suggestions that could improve conditions around here. In the mean time I will continue to do my best to keep my soldiers informed and out of trouble. From the conditions I have to deal with, it is not an easy thing to do.