Clifford Law Offices Files Notice of Lawsuit Against Secret Service in Shooting of Tourist in Front of White House
On Tuesday, July 21, 2026, Clifford Law Offices filed a notice of a personal injury claim against the U.S. Secret Service in the shooting of an innocent bystander on May 23, 2026, 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 to dinner with his sister and father 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. Ben and his family were quite a distance away from the person shooting at the Secret Service. The agents’ 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 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.
It is reported that the suspect opened fire with a gun he removed from his bag and was identified as 21-year-old Nasire Best of Maryland, who was shot by Secret Service agents at the scene. Best was pronounced dead after being taken to a local hospital.
For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com
Media:
- Image: Birds Eye View of Street
- Image: Garage
- Form 95 with Exhibit 1
- Statement: Benjamin Del Real, Jr.
- Statement: Sara Del Real (Plaintiffs’ sister)
Benjamin Del Real Jr with Clifford Law Offices partner Joseph T. Murphy and Sara Del Real at July 21, 2026 press conference. Courtesy of Clifford Law Offices.
Benjamin Del Real, Jr. with Clifford Law Offices Partner Joseph T. Murphy during July 21, 2026 press conference. Courtesy of Clifford Law Offices.
Benjamin Del Real, Jr., Sara Del Real, and their father, Benjamin Del Real, Sr., in front of the National Archives in Washington, DC, on the day of the incident, shortly before it happened.
Benjamin Del Real, Jr. in front of the Capitol Building on an April 2026 trip to D.C. prior to the incident.
Benjamin Del Real, Sr., Sara Del Real, and Benjamin Del Real, Jr. at Arlington Cemetery on May 23, 2026, shortly before the incident.
Benjamin Del Real, Jr. in the hospital after his second surgery on May 25, 2026.