Attorneys for a soldier wounded near the White House filed a $25 million claim against the U.S. Secret Service, alleging agents were negligent in responding to a shooting on May 23.
Private First Class Benjamin Del Real Jr., 25, was visiting Washington, D.C., with his father and sister, Sara, when they saw a gunman fire toward a Secret Service security post, attorney Joseph T. Murphy said at a Tuesday news conference announcing the claim.
Murphy said the three were about 20 yards away and dropped to the ground. Del Real moved his father to safety, but he was shot in the abdomen and suffered a torn anterior cruciate ligament in his knee.
He was taken to George Washington University Hospital, where he underwent emergency surgery. He had another surgery on May 25, was discharged June 1, and was transferred to Walter Reed National Military Medical Center. He is scheduled for a third surgery on Aug. 11.
Del Real said his recovery has been difficult after doctors removed part of his colon and part of his small intestine. He thanked the Army for his care and said he hoped to return to duty. The Kansas native enlisted about a year and a half ago and is stationed in North Carolina.
Murphy said a “reliable and confidential source” told him video showed the shot that struck Del Real came from the Secret Service. Del Real said the shooter’s back was turned and that he never faced him.
The gunman was later identified as Nasire Best, 21, of Maryland. Secret Service agents shot him, and he was pronounced dead after being taken to a local hospital.
“The agents’ training should include taking reasonable precautions to avoid striking innocent bystanders in a crowded public area,” Murphy said.
The claim is a required step under the Federal Tort Claims Act before someone can sue the federal government. The Secret Service has six months to respond.