WASHINGTON, D.C. — Pfc. Benjamin Del Real Jr. filed a notice of a personal injury claim on Tuesday seeking $25 million in damages from the Secret Service under the Federal Tort Claims Act. The 25-year-old U.S. Army soldier was struck by a bullet in the stomach outside the White House on May 23.

Del Real joined the U.S. Army approximately one and a half years ago and resides in Salina, Kansas. He and his family were touring landmarks including the National Archives and Arlington Cemetery before arriving near the White House around 6 p.m. on May 23.

Nasire Best, 21, opened fire outside the White House on May 23 and was killed by Secret Service agents. Doctors removed parts of Del Real's colon and small intestine due to injuries sustained in the shooting. He underwent emergency surgery on May 23 and a second surgery two days later to remove the bullet, with a third surgery scheduled for next month.

Joseph Murphy, attorney for Del Real, described the events at a news conference regarding the claim and the agency's response. He stated that Del Real saw the shooter take out a gun and fire several rounds at a Secret Service booth located about 20 yards away. During the incident, Del Real pulled his father to the ground and dragged him behind a concrete barrier for safety.

"The Secret Service botched its response to the shooting and failed to adequately protect bystanders," he stated. He described the Secret Service agents' return fire as "a hail of gunfire." The Secret Service has not confirmed whether its agents fired the bullet that struck Del Real.

Secret Service spokesperson Nate Herring stated that the agency does not comment on pending litigation. The agency has a six-month timeline to investigate claims filed under the Federal Tort Claims Act before the claimant may pursue litigation. Metropolitan Police Department spokesman Lee Lepe stated that the investigation into the shooting is ongoing.

He stated that Del Real is without a doubt, concerned about his ability to continue his military career. Best had a prior arrest in July 2025 for attempting to enter a White House checkpoint while claiming to be Jesus Christ.

The $25 million claim seeks damages for the physical injuries and subsequent surgeries required to treat Del Real after he was struck during the May 23 incident. The filing initiates a mandatory six-month administrative review period by the Secret Service before any civil lawsuit can proceed in federal court.

The case shows ongoing questions regarding the specifics of the return fire exchanged during the shooting that resulted in the death of Nasire Best. With the police investigation still active and no confirmation regarding which party fired the round that injured Del Real, the claim adds a layer of legal scrutiny to the Secret Service's protective operations.