Attorneys for a vacationing soldier who was shot when he was caught in a “hail of bullets” in front of the White House have filed a $25 million claim against the U.S. Secret Service.
Private First Class Benjamin Del Real, Jr., 25, alleges negligence on the part of the Secret Service, accusing agents of failing to exercise reasonable care in responding to the incident of a shooter who opened fire on a Secret Service security post.
The soldier and his father were visiting with Del Real’s sister, Sara, in Washington, D.C., and were walking to dinner on May 23 when they saw a shooter begin firing toward the security post, their attorney, Joseph T. Murphy, said during a Tuesday press conference announcing the legal action.
The three tourists, about 20 yards away, dropped to the ground, and Del Real moved his father to safety. But Del Real suffered a gunshot wound to his abdomen and a torn anterior cruciate ligament (ACL), in his knee.
He was taken to George Washington University Hospital, where he underwent emergency, lifesaving surgery.
Del Real had a subsequent surgery May 25. He was discharged from that hospital on June 1 and brought to Walter Reed National Military Medical Center, where he will undergo a third surgery on Aug. 11.
Recovery has been difficult, he said, as he had part of his digestive system removed — part of his colon and part of his small intestine.
Del Real thanked the U.S. Army for giving him the time and care needed, and said he hopes he will be able to return to duty some day. The Kansas native, who became a soldier a year and a half ago, is stationed in North Carolina.
Murphy said a “reliable and confidential source” has said the shot that struck Del Real came from the Secret Service, based on video footage.
Del Rio said the shooter’s back was turned, and he never faced him. The gunman was later identified as Nasire Best, 21, of Maryland, who was shot by Secret Service and 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 Secret Service doesn’t comment on pending litigation, spokesman Nate Herring said.
The incident is under investigation by the U.S. Attorney’s Office for the District of Columbia.
Del Real’s claim, submitted to the Secret Service, is a step required by the Federal Tort Claims Act before individuals can sue the federal government. The Secret Service will have six months to respond.
“Our family deserves answers,” said Sara Del Real. “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.”
She said it was “heartbreaking” to watch him nearly die, “after being struck by a gunshot at the hands of those entrusted to protect the public from harm.”
“The men and women entrusted with protecting the public carry an enormous responsibility,” she continued. “We hope this tragedy leads to greater accountability and helps prevent something like this from ever happening to another innocent family.”
Karen has covered military families, quality of life and consumer issues for Military Times for more than 30 years, and is co-author of a chapter on media coverage of military families in the book “A Battle Plan for Supporting Military Families.” She previously worked for newspapers in Guam, Norfolk, Jacksonville, Fla., and Athens, Ga.
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