US Attorney Pirro says agent 'definitely' shot by DC press dinner shooting suspect

U.S. Attorney Jeanine Pirro said that the bullet that struck a Secret Service agent in the shooting at the White House Correspondents' Association dinner was "definitely" from suspect Cole Tomas Allen's gun.

“We now can establish that a pellet that came from the buckshot, from the defendant’s Mossberg pump action shotgun, was intertwined with the fiber of the vest of the Secret Service officer,” Pirro said in an interview with CNN's Jake Tapper on May 3 on "State of the Union."

USA TODAY previously reported that evidence collected so far indicates the only Secret Service agent who actually fired their weapon at Allen was the one who was injured as he tried to prevent what prosecutors allege was an attempted assassination on President Donald Trump. The agent, who has not been identified, fired five times but did not hit the suspect.

Initial court filings did not specifically allege that Allen shot the agent, though Trump and administration officials have claimed that he did in public comments.

"That is interesting and noteworthy because what it shows is the government does not yet have conclusive proof that the suspect did shoot the agent," Mark Lesko, a former U.S. attorney for the Eastern District of New York, told the BBC on May 1.

Sean Curran, director of the Secret Service, said all the evidence indicates the agent was shot at "point-blank range" with a shotgun by the suspect in an April 30 interview on "The Will Cain Show" on Fox News.

Allen currently faces assassination and firearm charges, though Pirro said in the "State of the Union" interview that the Department of Justice will go before a grand jury on May 8, where further charges could be filed.

Suspect's lawyers seek to have him removed from suicide protocols

Lawyers for Allen are seeking to have him removed from "suicide precautions" at the Washington, DC jail where he is being held.

The emergency motion – filed in DC federal court on May 2 – states that a nurse at the jail recommended Allen be placed on “suicide watch” on April 28, despite a Department of Corrections intake team not noting any suicide risks.

The document states that lawyers for Allen were told on April 28 he would be put "in a regular cell by Thursday or Friday of that week." On April 29, Allen was reassessed and recommended for "suicide prevention" protocol, despite "no suicide factors or indications" being observed, according to the motion.

"Suicide prevention" protocols prevent an inmate from visiting or contacting anyone that is not a part of their legal team and only allow for an inmate to leave their cell for legal visits and escorted showers, according to the filing.

"These conditions are excessive restrictions on his liberty that serve no justifiable purpose and depriveMr. Allen of dignity while incarcerated," the motion reads. Allen's lawyers further argued that the conditions hinder him from participating in his defense.

A hearing on Allen's holding conditions is scheduled on the court docket for 12 p.m. ET on May 4. USA TODAY has reached out to Allen's lawyers for further comment.

Contributing: Joey Garrison, USA TODAY