Key facts
- Benjamin Del Real Jr., 25, was wounded in the abdomen during a May 23 incident near the White House.
- Del Real's lawyers will file a personal injury lawsuit against the U.S. Secret Service on Tuesday.
- The lawsuit will be filed under the federal Tort Claims Act.
- Lawyers are requesting the preservation of evidence, including firearms, shell casings, and surveillance video.
Lawyers for Benjamin Del Real Jr., a bystander wounded in a shootout involving the U.S. Secret Service near the White House in May, announced they will file a personal injury lawsuit against the federal agency. Del Real, 25, of Kansas, was walking with his family on May 23 when shots were fired. His lawyers stated that Secret Service agents fired multiple rounds in his direction across a busy intersection, striking him in the abdomen. He underwent life-saving surgery.
At the time of the incident, the Secret Service reported that a gunman fired at a White House checkpoint and was shot by officers, later dying at the hospital. The agency confirmed a bystander was struck by gunfire but provided limited details on the injury. Lawyer Joseph Murphy stated that the Secret Service's duty to protect dignitaries must be balanced with the safety of the public, emphasizing that Del Real and his family had no warning before he was shot.
The lawsuit, to be filed under the federal Tort Claims Act, includes a request for the preservation of evidence, such as firearms, shell casings, and surveillance video.