Army private plans to sue Secret Service after he says he was shot by agent while on a tour of DC

An Army private was visiting his sister in Washington, D.C., when he says he got caught up in a shootout between a gunman and Secret Service agents, with a bullet from a federal officer nearly killing him.

On behalf of Benjamin Del Real Jr., 25, Clifford Law Offices filed a claim under the Federal Torts Claims Act, alleging negligence against the Secret Service. The mechanism is the first step an individual or entity must take when seeking a lawsuit against the federal government, and it gives the agency six months to admit to or deny the allegations.

"I am grateful beyond words that Ben survived what could have been the last moments of his life," Sara Del Real, Benjamin Del Real's sister, said in a statement attached to the notice of lawsuit. "But our family deserves answers. We are here today asking for accountability. We need to know exactly what happened, and we believe those responsible for shooting my brother should be held accountable."

On May 23, Benjamin Del Real — on leave from active duty in the U.S. Army — along with his sister, and their father were exploring the nation's capital together. Not only was it Sara Del Real's new city of residence, but it was also Memorial Day weekend.

The trio was walking to dinner near the White House at about 6 p.m. "when shots rang out," an announcement from Clifford Law Offices stated. A man in a hoodie near a security checkpoint had apparently opened fire, and Secret Service agents responded in kind, the notice said.

The father, son, and daughter, dropped to the ground, with Benjamin Del Real "heroically" dragging his father to safety, according to the filing. However, the Army private had been shot in the abdomen, and he maintains that the bullet could have only come from one direction.

The trio was about 20 yards away from the shooter, who stood between them and the Secret Service agents returning fire. According to the family, the gunman targeting the federal law enforcement officers — identified later as 21-year-old Nasire Best — "never faced" Benjamin Del Real, so he couldn't have been the one who shot him. Furthermore, the law firm says it has "a very reliable and confidential source" that said lawyers reviewed surveillance footage showing "in no uncertain terms that the Secret Service shot Ben."

That night, the Secret Service released a statement saying a man "pulled a weapon from his bag and began firing" before agents returned fire, striking him. The man — Best — was brought to an area hospital where he was pronounced dead.

"During the shooting one bystander was also struck by gunfire," the statement went on. "No injuries were sustained by officers. The President was in the White House during the incident, however no protectees or operations were impacted."

Benjamin Del Real says he only realized he had been shot in the abdomen when he rushed his father and sister to a nearby parking garage.

"When we got back to the parking garage, I lifted up my shirt that I was wearing, and there was a bullet wound with no exit wound that I was bleeding out of," the shooting victim told local NBC affiliate WRC. "And at that moment, I asked Sara to call 911."

"I've had part of my digestive system removed, and the implications of that are still uncertain at this time," he said at Tuesday's press conference, with his lawyer adding that his "care is still ongoing."

The lawyer, Joseph Murphy, a partner at Clifford Law Offices, underscored that he and the Del Real family "respect" the Secret Service and its agents, "but anyone in the government and anyone at all can make mistakes, and when mistakes are made, they need to be held accountable for that."

"With elite training comes an equally high level of responsibility to protect the public," Murphy said. "This isn't some random law enforcement agency. The Secret Service are specifically and highly trained to identify and neutralize targets that are, by definition of their training, unexpected targets. And they need to do so with surgical precision to eliminate those targets without hurting members of the public."

"Ben was around 20 yards away, like I pointed out. It wasn't as if he was next to the shooter. He wasn't a couple feet away from the shooter," the lawyer added. "Certainly, the Secret Service should have taken that into consideration and been more precise and been more surgical in their taking down the shooter. And instead, Ben was caught within a hail of gunfire, which fortunately, no one else was hurt, but there were bullet holes all over the place. It's just very unfortunate."

Murphy said that his firm has sent Freedom of Information Act [FOIA] letters and emails to the Secret Service, and has made calls and sent investigators to the office, "and the answers that were left is 'we're still investigating,' and it's been two months."

"We don't even have a single answer from them yet as to, 'hey, it was our fault.' We haven't even gotten that yet," he added. "All we have is 'we don't know, we'll let you know at some point.' Could be six months from now, could be 10 months from now, could be a year from now, and we think that the Del Reals and the public deserve accountability and answers in this situation."

The post 'I was bleeding out': Army private plans to sue Secret Service after allegedly being shot by agent while on a tour of DC first appeared on Law & Crime.