Landscaper Shot by Stray Bullet from Air Force Machine Gun Training, Lawsuit Alleges
Landscaper Shot by Stray Bullet During Air Force Training

A South Florida landscaper was struck in the back by a stray bullet fired from a nearby police department gun range during a training exercise involving a U.S. Air Force squadron, according to a newly filed federal lawsuit reviewed by The Independent.

Neftali Madrid Paredes, 33, was clearing palm trees from a field he and his coworkers regularly maintained when the incident occurred. The complaint states they were accustomed to hearing gunshots from the adjacent Palm Bay police training facility but had never encountered any issues before.

“On the day of the incident, however, [Madrid Paredes] and his coworkers could hear the shots coming from closer than they usually were,” the complaint contends. “Around noon, [Madrid Paredes] and his coworkers began to hear bullets fly over their heads and striking the surrounding palm trees.”

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When it was time for his lunch break, Madrid Paredes climbed down from the excavator he was operating and sat on the ground “when suddenly, he was struck in the back by a stray projectile,” according to the complaint.

Madrid Paredes was airlifted to Holmes Regional Medical Center in Melbourne, Florida, where he was treated for non-life-threatening injuries. Authorities provided little detail at the time, noting only that “the shooting did not involve any members of the Palm Bay Police Department.” Madrid Paredes was never identified by name, and the circumstances have not been previously reported.

Lucky to Survive

“He was lucky as hell that none of his critical organs were hit,” attorney Sadi Antonmattei-Goitia, representing Madrid Paredes, told The Independent. Even though Madrid Paredes survived without grave injury, Antonmattei-Goitia said the episode has been “obviously a very bad experience” for his client.

According to the complaint, on May 22, 2024, about 15 members of the 308th Rescue Squadron, an Air Force Reserve Command combat search and rescue unit from Patrick Space Force Base, were participating in a weapons training session at the Palm Bay police’s 40-acre training facility known as “The Range.” The 308th, part of the 920th Rescue Wing, is a highly specialized unit that, among other tasks, retrieves returning astronauts after splashdown.

“As part of this training, Defendants Maxim Defense Industries and Redback One supplied firearms including AK-47s, FN FAL rifles, M110 rifles, and PKM fully automatic, belt-fed machine guns for use during an exercise,” the complaint states. It was filed April 8 in Orlando federal court. An instructor from Maxim Defense, a Minnesota-based gun manufacturer, ran the familiarization course alongside an instructor from Redback One, a “combat training systems” provider in Virginia founded by a former special operator with the Australian Defense Force.

While the 308th was learning to use the high-powered weapons, Madrid Paredes and his colleagues were felling palms nearby. Lunchtime came, and Madrid Paredes found what he thought was a safe place to relax. However, the shots seemed closer than usual, and rounds began to pepper trees in the field. “Upon information and belief, during the course of this training exercise, multiple projectiles were fired over the berm [of the shooting range],” the complaint alleges.

Madrid Paredes was hit in the back with a .30-caliber round, according to a Florida Department of Law Enforcement incident report. A Palm Bay police report cites an interview with an Air Force squadron member who said training began on the 400-meter range at 10 a.m. At about 1:30 p.m., the range master called for a ceasefire, informing the group that “someone had been shot.” The airman stated he did not see anyone being reckless and didn’t notice any shots too close to the top of the berm, but he said “he is willing to bet that if a round skipped over the berm,” it came from one of the machine guns. The police report also quotes a squadron member saying none of them had ever fired the guns they were using that day.

Doctors surgically removed the bullet from the rear of Madrid Paredes’s left shoulder. The bullet came from one of two AK-47s the airmen were training with, according to the report.

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Lawsuit Allegations

“The stray bullet that struck [Madrid Paredes] was the foreseeable result of Defendants’ collective failure to conduct safe live-fire training operations at a range in close proximity to civilian workers,” the complaint states. It names Maxim Defense Industries and Redback One as defendants, alleging they “knew or should have known” that the range was “inadequate to contain projectiles within its boundaries during live-fire operations involving military-grade weapons,” that civilian workers were present in the adjacent field, and that the Air Force personnel “may not have been adequately qualified, trained, or competent” to safely use the firearms.

The Air Force is not listed as a defendant. Antonmattei-Goitia said he has filed an administrative claim against the service branch, which now has several months to evaluate it. If no agreement is reached, he will amend the complaint to include the Air Force.

Madrid Paredes is seeking actual and exemplary damages in an amount to be determined by a jury, plus pre-judgment and post-judgment interest, as well as court costs and attorneys’ fees. The complaint asserts that Madrid Paredes “did nothing to cause his damages.”

Maxim Defense Industries and Redback One did not respond to requests for comment.