Bystander injured in shootout near White House sues Secret Service over injuries
A forensic investigator takes photos behind a police tape blocking off a crime scene with evidence markers seen on a sidewalk on 17th and Pennsylvania Ave near the White House in Washington, DC, on May 23, 2026. (Photo by Brendan SMIALOWSKI / AFP via
WASHINGTON - A U.S. Army soldier who was shot while visiting the nation's capital filed a personal injury claim against the U.S. Secret Service, alleging that officers failed to exercise reasonable care for public safety during a shootout near the White House.
What we know:
Benjamin Del Real, 25, of Kansas, was on leave from active duty on May 23 when he was shot in the abdomen while walking to dinner with his father and sister.
According to the lawsuit filed Tuesday, the incident began when a man approached a Secret Service security checkpoint, pulled out a handgun, and opened fire at officers.
Secret Service officers returned fire, hitting the suspect, who was identified as 21-year-old Nasire Best. Best was transported to a local hospital, where he later died.
READ MORE | What we know about Nasire Best, Maryland man accused of White House shooting, sources say
The lawsuit describes how Del Real and his family dropped to the ground when gunfire erupted.
According to the lawsuit, the gunman was wearing a hoodie and was located on a public sidewalk across a busy intersection from the checkpoint.
Del Real’s attorney noted that the gunman never faced him, but Secret Service agents fired multiple rounds across the intersection in his direction.
"Certainly, it is the job of Secret Service agents to protect the President and other dignitaries, but that duty must be carried out with reasonable regard for the safety of innocent members of the public," said Joseph T. Murphy, a partner at Clifford Law Offices representing Del Real.
Murphy emphasized that Del Real and his family were "quite a distance away" from the suspected shooter at the time officers opened fire.
"The agents’ training should include taking reasonable precautions to avoid striking innocent bystanders in a crowded public area," Murphy said. "Ben and his family had every right to be there. They had no body armor, no protection, and no warning before Ben was struck by gunfire."
Lawsuit details family's reaction
Dig deeper:
Following the shooting, Del Real’s sister, Sara, called police after noticing her brother bleeding from his abdomen.
"It was so heartbreaking on May 23rd to watch him nearly die after being struck by a gunshot at the hands of those entrusted to protect the public from harm," Sara Del Real said.
Emergency personnel transported him to George Washington University Hospital, where he underwent surgery.
"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 said on Tuesday. "However, I'd like to thank the U.S. Army for allocating the time and care in helping in hopes that I will return to duty someday and continue serving the nation."
Del Real, who is currently undergoing rehabilitation, is scheduled to undergo his third surgery on August 7.
"Ben and his family are still in shock from this sudden and dramatic event that forever has changed their lives," Murphy added. "We intend to overturn every stone to get to the bottom of what happened here in obtaining justice for Ben and his family."
The lawsuit requests that all evidence related to the shooting, including surveillance footage and shell casings, be preserved.
The Source: This information is from Clifford Law Offices and attorneys representing Benjamin Del Real.