Bystander severely wounded outside White House says Secret Service failed him

CHICAGO (AP) — An active-duty soldier who was hit by a stray bullet during a shooting outside the White House announced on Tuesday that he plans to sue the Secret Service over his life-threatening injuries.

Pfc. Benjamin Del Real Jr., 25, was visiting the capital on May 23 and hoping to snap pictures with his sister and father outside the White House when a gunman opened fire. Secret Service fired back, killing the man, and a bullet struck Del Real in the stomach, causing serious injuries that required emergency surgery. Part of his digestive system had to be removed.

Del Real filed notice of a personal injury claim on Tuesday, saying he plans to sue for $25 million under the Federal Tort Claims Act. He accused the Secret Service of botching its response to the shooting and failing to adequately protect him and other bystanders, he and his lawyer, Joseph Murphy, said Tuesday at a 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,” said his sister, Sara Del Real.

The Secret Service has not said whether its agents fired the bullet that struck Del Real. The Metropolitan Police Department said earlier this summer that the ballistics on that bullet had not yet been returned. Metropolitan Police Department spokesman Lee Lepe said Tuesday the investigation is ongoing.

Federal law enforcement agencies are generally shielded from legal liability, but there are some exceptions, including some claims of employee negligence.

The Secret Service does not comment on pending litigation, according to Nate Herring, a spokesperson for the Service. He referred questions to the U.S. Attorney’s Office for the District of Columbia, which did not immediately return a message seeking comment.

Del Real, of Salina, Kansas, and his family had spent hours that day touring the National Archives, Arlington Cemetery and other landmarks before passing by the White House at around 6 p.m. on their way to dinner. Just then, Del Real saw the shooter, about 20 yards closer to a Secret Service outpost, take out a gun and fire several rounds at their booth, prompting agents to return “a hail of gunfire,” Murphy said.

The shooter, 21-year-old Nasire Best, was killed.

Del Real pulled his father to the ground and dragged him behind a concrete barrier, saving his life, but a bullet struck Del Real in the stomach, causing him “life-threatening injuries,” Murphy said. He underwent an emergency surgery, then again two days later to remove the bullet, and is due for a third surgery next month. Doctors had to remove parts of his colon and small intestine.

Del Real, who joined the Army a year and a half ago, said he is “without a doubt, concerned” about his ability to continue a 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.”

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Mayes-Osterman is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.