An active-duty soldier struck by a stray bullet during a shooting outside the White House on May 23 is planning to sue the Secret Service for $25 million, citing alleged negligence in its response to the incident. Pfc. Benjamin Del Real Jr., 25, was visiting Washington, D.C., with his family when a gunman opened fire near the White House. Secret Service agents returned fire, killing the assailant, identified as 21-year-old Nasire Best.
Del Real sustained life-threatening injuries when a bullet hit him in the stomach. He has undergone two surgeries, with a third scheduled for next month. Doctors have removed portions of his colon and small intestine, and he faces an uncertain future regarding his military career, having joined the Army a year and a half ago.
Del Real and his lawyer, Joseph Murphy, announced the filing of a personal injury claim Tuesday under the Federal Tort Claims Act. Murphy stated that the Secret Service "botched its response" and failed to adequately protect bystanders.
The Secret Service has not confirmed whether its agents fired the bullet that struck Del Real. The Metropolitan Police Department has indicated that ballistics analysis is still pending, and an investigation into the incident is ongoing.
Federal law enforcement agencies typically have immunity from lawsuits, but exceptions exist, particularly for claims involving employee negligence. The Secret Service declined to comment on pending litigation, referring inquiries to the U.S. Attorney’s Office for the District of Columbia.