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A Kansas man who was injured in a shootout between Secret Service agents and an unrelated armed individual near the White House this spring is pursing legal action against the federal agency for alleged negligence.
Attorneys for 25-year-old Benjamin Del Real, Jr., said during a press conference on Tuesday that they would file an administrative claim under the Federal Tort Claims Act, the first step toward a potential lawsuit.
“The United States Secret Service is a highly trained and highly effective organization,” said Joseph Murphy, a partner at Clifford Law Offices in Chicago. “With that being said, they are trained to identify and neutralize targets without hurting or injuring civilians, and they are trained to anticipate and expect the unexpected.
“And unfortunately, they fell well short of their training on May 23rd of this year when they injured Benjamin Del Real,” he added.
A spokesperson for the Secret Service declined to comment on pending litigation.
Real, a private first class in the U.S. Army stationed in North Carolina, was visiting the nation’s capitol with his father and sister over Memorial Day weekend when shots rang out near 17th Street and Pennsylvania Avenue NW, according to Murphy.
A Secret Service spokesperson said in an initial statement that an individual, later identified as 21-year-old Nasire Best, pulled a weapon from his bag shortly before 6 p.m. and began firing toward an outpost. Agents returned fire, shooting Best, who later died at a local hospital.
The agency also noted at the time that a bystander, now identified as Del Real, had been hit by gunfire but did not provide details regarding his condition.
Del Real confirmed on Tuesday that he was shot on the right side of his abdomen and taken to George Washington University Hospital, where he underwent immediate surgery for the gunshot wound. He had another surgery a few days later and is scheduled to undergo a third surgery for a torn ACL next month.
“The degree of uncertainty that accompanies being seriously wounded presents its own unique challenges because the road to recovery will be long and strenuous,” Del Real told reporters.
The service member and his family were roughly 20 yards away from the shooter when the incident occurred, according to Murphy, who said there were “bullet holes all over the place” afterwards.
“The shooter’s back was turned to Ben the entire time, so he couldn’t have possibly shot Ben,” Murphy said, adding that the firm has a “very reliable and confidential source” who has seen the alleged CCTV footage.
Murphy said his client is seeking answers and “accountability” from the Secret Service, which he claimed has not provided any substantive information despite multiple requests.
“We need to know exactly what happened, and we believe those responsible for shooting my brother should be held accountable,” Del Real’s sister, Sarah, said. “The men and women entrusted with protecting the public carry an enormous responsibility. We hope this tragedy leads to greater accountability and helps prevent something like this from ever happening to another innocent family.”
All police use-of-force incidents in Washington, D.C., are investigated through a multi-layer process that includes the Metropolitan Police Department (MPD) and U.S. Attorney’s Office, regardless of which agency is involved.
Deadly force incidents are handled directly by MPD’s specialized Force Investigation Team (FIT), which then refers the cases to federal prosecutors for an independent review to determine whether criminal charges may be warranted.
U.S. Attorney for D.C. Jeanine Pirro’s office did not immediately respond to The Hill’s request for comment on the status of its review in the May shooting.
President Trump was in the Oval Office at the time of shooting, having canceled a planned trip to his golf club in Bedminster, N.J. that weekend.
Reporters on the White House grounds were rushed into a secure area inside the press briefing room after shots rang out, where they remain on lockdown for roughly 40 minutes.
Updated at 2:45 p.m. EDT
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