A soldier who was hit by a stray bullet during an exchange of fire between the U.S. Secret Service and a gunman outside the White House is suing the agency over his injuries.
Pfc. Benjamin Del Real Jr., a 25-year-old active-duty soldier, was struck in the stomach during an incident at the White House in May when a gunman fired at Secret Service personnel, resulting in an exchange of fire between agents and the suspect.
Del Real plans to pursue a lawsuit for $25 million under the Federal Tort Claims Act, which allows individuals to sue the federal government for personal injury. He filed a personal injury claim notice on Tuesday.
Del Real and his attorney, Joseph Murphy, allege the Secret Service agents were negligent in their response to the gunman and failed to protect him and other bystanders adequately. Murphy framed the incident as agents “falling well short of their training” to neutralize targets without injuring civilians nearby.
The Metropolitan Police Department is still investigating the incident, and a ballistics report has not yet determined if the bullet that hit Del Real was from a Secret Service weapon.
The scene unfolded while Del Real was visiting Washington, D.C., with his family and stopped by the White House to take pictures around 6 p.m. Murphy explained that Del Real saw the shooter approach Secret Service agents and fire off several rounds before agents returned “a hail of gunfire.” The gunman, 21-year-old Nasire Best, was killed in the exchange.
While Del Real acted quickly to get his father to safety, he was struck in the stomach, causing him “life-threatening injuries,” Murphy said. Del Real has undergone two surgeries as a result of his injuries and is set to have a third next month. The bullet was removed from his body, as well as parts of his digestive system.
Having enlisted in the Army just a year and a half ago, Del Real said he is concerned about the future of his career given his injuries.
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Immediately following the incident, Del Real’s injury was not specified by the Secret Service, but Deputy Director Matt Quinn said investigators believed a bystander was struck by the suspect’s fire.
A Secret Service spokesperson told the Washington Examiner the agency does not comment on pending litigation. The U.S. Attorney’s Office for the District of Columbia was also contacted for comment.