Chicago-based Clifford Law Offices has put the US Secret Service on notice that it plans to sue the agency after a man was wounded as agents shot and killed another man outside the White House in May.
25-year-old Benjamin Del Real was on leave from active duty in the Army and was touring Washington DC with his father and sister.
He witnessed a man who was about 20 yards away firing at Secret Service agents and the agents firing back.
"The shooter's back was turned to Ben the entire time, so he couldn't have possibly shot Ben, so it was definitely the secret service," said Del Real's attorney Joseph Murphy.
Del Real was critically wounded. He was shot in the abdomen.
Murphy said the Secret Service will only say the incident remains under investigation.
"We want answers and we want accountability," he said.
Murphy noted agents are trained to neutralize targets without injuring civilians.
"With elite training comes an equally high level of responsibility to protect the public," Murphy said.
Benjamin Del Real spoke briefly during a press conference.
"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.
Ben Del Real and his sister and father just before the shootingClifford Law Offices
He has had two surgeries and is awaiting a third.
Del Real said he hopes to continue serving in the Army.
Press Release:
Clifford Law Offices TODAY (Tuesday, July 21, 2026) will file a notice of a personal injury claim to be filed against the U.S. Secret Service in the shooting of an innocent bystander on May 23 when agents engaged in a shootout in front of the White House with an armed man in a hoodie near a security checkpoint.
Benjamin Del Real, Jr., 25, of Kansas, on leave from active duty in the U.S. Army, was visiting the nation’s capital, walking with his sister and father to dinner at about 6 p.m. when shots rang out in front of the White House. All three dropped to the ground realizing that shots were being fired in their immediate area. Ben was shot in the abdomen and said the shooter wearing the hoodie never faced him. Secret Service agents, however, fired numerous rounds in his direction across a busy intersection.
“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, partner at Clifford Law Offices. “According to the information we have obtained, the suspected gunman was on a public sidewalk across a busy intersection from the security checkpoint when agents returned fire. Their training should include taking reasonable precautions to avoid striking innocent bystanders in a crowded public area. 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.”
The notice of a forthcoming lawsuit under the Federal Tort Claims Act also requests that all evidence including firearms and shell casings be preserved as well as surveillance video from all nearby points.
Murphy, a former U.S. Army Officer who represents Del Real, said, “Ben and his family are still in shock from this sudden and dramatic event that forever has changed their lives. We intend to overturn every stone to get to the bottom of what happened here in obtaining justice for Ben and his family.” Murphy formerly was a Special Assistant U.S. Attorney for the Department of Justice at Fort Campbell, Kentucky, and previously served as chief of federal litigation for the 101st Airborne Division while serving as an attorney and Captain in the U.S. Army.
Ben’s sister, Sara, called 911 when she saw her brother bleeding profusely from his right flank and abdomen. He was taken to George Washington University Hospital where he underwent surgery to save his life.
The suspect who opened fire with a gun he removed from his bag was identified as 21-year-old Nasire Best of Maryland who Secret Service agents shot at the scene. Best was pronounced dead after being taken to a local hospital.
