A U.S. Army soldier who was caught in the crossfire of a Secret Service shootout near the White House this spring is launching a legal challenge against the agency, claiming it acted negligently and failed to protect bystanders.
Attorneys for Benjamin Del Real, Jr., a 25-year-old private first class stationed in North Carolina, announced Tuesday they would file an administrative claim under the Federal Tort Claims Act—the first step toward a potential lawsuit. The move escalates a simmering dispute over law enforcement accountability in high-stakes security incidents.
“The Secret Service is a highly trained organization, but on May 23, they fell well short of their training,” said Joseph Murphy, a partner at Clifford Law Offices in Chicago. “They are trained to neutralize threats without harming civilians, and they failed to do that here.”
The incident unfolded near 17th Street and Pennsylvania Avenue NW, just steps from the White House, where authorities say 21-year-old Nasire Best pulled a weapon from his bag and opened fire on an outpost. Secret Service agents returned fire, fatally wounding Best. But a bystander—Del Real—was also struck. He was shot in the right side of his abdomen and underwent emergency surgery at George Washington University Hospital, followed by a second procedure for a torn ACL. A third surgery is scheduled for next month.
Del Real was visiting Washington with his father and sister over Memorial Day weekend. According to Murphy, the family was roughly 20 yards from the shooter when the exchange began. “The shooter’s back was turned to Ben the entire time, so he couldn’t have possibly shot Ben,” Murphy said, adding that his firm has a “very reliable and confidential source” who viewed CCTV footage of the event. “There were bullet holes all over the place.”
The Secret Service declined to comment on pending litigation, but a spokesperson previously confirmed that a bystander had been hit. The agency’s initial statement noted that Best fired first and agents responded. All police use-of-force incidents in Washington, D.C., undergo a multi-layer review by the Metropolitan Police Department’s Force Investigation Team and the U.S. Attorney’s Office. The U.S. Attorney for D.C. did not respond to requests for comment on the status of that review.
Del Real’s sister, Sarah, demanded accountability. “The men and women entrusted with protecting the public carry an enormous responsibility,” she said. “We hope this tragedy leads to greater accountability and helps prevent something like this from ever happening to another innocent family.”
The shooting occurred while President Trump was in the Oval Office, having canceled a trip to his golf club in Bedminster, New Jersey. Reporters at the White House were rushed into a secure area and held for about 40 minutes.
This case adds to broader scrutiny of law enforcement tactics in politically sensitive zones. Meanwhile, House Democrats have united against a GOP stopgap funding bill over Iran war and border concerns, and Treasury Secretary Bessent is threatening sanctions over Chinese AI model theft, highlighting the administration's focus on national security.
