CHICAGO (AP) — An active-duty soldier who was hit by a stray bullet during a shooting outside the White House announced on Tuesday that he plans to sue the Secret Service over his life-threatening injuries.Pfc. Benjamin Del Real Jr., 25, was visiting the capital on May 23 and hoping to snap pictures with his sister and father outside the White House when a gunman opened fire. Secret Service fired back, killing the man, and a bullet struck Del Real in the stomach, causing serious injuries that required emergency surgery. Part of his digestive system had to be removed.Del Real filed notice of a personal injury claim on Tuesday, saying he plans to sue for $25 million under the Federal Tort Claims Act. He accused the Secret Service of botching its response to the shooting and failing to adequately protect him and other bystanders, he and his lawyer, Joseph Murphy, said Tuesday at a news conference.“I, my father and Benjamin all feared for our lives, and the moment that I saw Ben bleeding was undoubtedly the scariest moment of my life,” said his sister, Sara Del Real.
The Secret Service has not said whether its agents fired the bullet that struck Del Real. The Metropolitan Police Department said earlier this summer that the ballistics on that bullet had not yet been returned. Metropolitan Police Department spokesman Lee Lepe said Tuesday the investigation is ongoing.Federal law enforcement agencies are generally shielded from legal liability, but there are some exceptions, including some claims of employee negligence.
