An active-duty soldier who was wounded by a stray bullet during a shooting near the White House has announced plans to take the Secret Service to court over the injuries he suffered.
Pfc. Benjamin Del Real Jr., 25, from Salina, Kansas, was visiting Washington, D.C., on May 23 with his sister and father, hoping to take photos outside the White House, when a gunman opened fire. Secret Service agents returned fire and killed the shooter, but a bullet struck Del Real in the stomach, causing severe injuries that required emergency surgery. A portion of his digestive system had to be removed.
On Tuesday, Del Real filed notice of a personal injury claim under the Federal Tort Claims Act, seeking $25 million in damages. He and his attorney, Joseph Murphy, held a news conference where Del Real accused the Secret Service of mishandling its response to the incident and failing to protect him and other people who were nearby.
His sister, Sara Del Real, described the terrifying moment at the news conference: “I, my father and Benjamin all feared for our lives, and the moment that I saw Ben bleeding was undoubtedly the scariest moment of my life.”
The Secret Service has not confirmed whether its agents fired the bullet that hit Del Real. The Metropolitan Police Department stated earlier this summer that ballistics results on the bullet had not yet come back. Metropolitan Police Department spokesman Lee Lepe said Tuesday that the investigation remains ongoing.
While federal law enforcement agencies are typically protected from legal liability, certain exceptions exist, including claims involving employee negligence.
Secret Service spokesperson Nate Herring said the agency does not comment on pending litigation and directed questions to the U.S. Attorney’s Office for the District of Columbia, which had not responded to a request for comment as of Tuesday.
Del Real and his family had spent the day touring landmarks including the National Archives and Arlington Cemetery before walking past the White House around 6 p.m. on their way to dinner. At that point, Del Real spotted the shooter — positioned about 20 yards closer to a Secret Service outpost — draw a weapon and fire several rounds at the agents’ booth. Agents responded with what attorney Murphy described as “a hail of gunfire.”
The shooter, 21-year-old Nasire Best, was killed in the exchange.
Del Real acted quickly to protect his father, pulling him to the ground and dragging him behind a concrete barrier — a move Murphy said saved the older man’s life. However, Del Real himself was struck in the stomach, suffering what Murphy called “life-threatening injuries.” He underwent emergency surgery and then a second procedure two days later to remove the bullet. A third surgery is scheduled for next month. Doctors were forced to remove portions of his colon and small intestine.
Del Real, who has been in the Army for about a year and a half, said he is “without a doubt, concerned” about whether he will be able to continue his military career.
“He’s a young man, he’s 25 years old, and he’s had part of his digestive system taken out,” Murphy said. “It’s not going to get any better from here.”
