Attorneys representing a young Army soldier who was struck by gunfire during a confrontation between the U.S. Secret Service and an armed man outside the White House say they plan to file a personal injury lawsuit against the agency on Tuesday.
Benjamin Del Real, Jr., 25, from Kansas, was on leave from active military duty on May 23 when the incident unfolded. According to a statement from Clifford Law Offices, Del Real was walking alongside his sister and father near the White House when shots suddenly erupted. His legal team says the gunman never turned toward Del Real, yet Secret Service agents discharged multiple rounds in his direction across a heavily trafficked intersection. Del Real was shot in the abdomen and required emergency surgery at a nearby hospital to save his life.
The Secret Service previously confirmed that on that same day, a gunman who opened fire at a White House security checkpoint was shot by officers and later died at the hospital. The agency acknowledged at the time that a bystander had also been hit by gunfire, but provided no details about the severity of the person’s injuries.
Attorney Joseph Murphy, speaking on behalf of Del Real, addressed the balance between the agency’s protective mission and public safety. “Certainly it is the job of Secret Service agents to protect the president and other dignitaries, but that duty must be carried out with reasonable regard for the safety of innocent members of the public,” Murphy said. “Ben and his family had every right to be there. They had no body armor, no protection, and no warning before Ben was struck by gunfire.”
The lawsuit will be filed under the federal Tort Claims Act. As part of the legal notice, attorneys are requesting that key evidence be preserved, including firearms, shell casings, and surveillance video from the scene.
