WASHINGTON (AP) — Federal prosecutors have failed to obtain a felony indictment against a man who was seen on camera hurling a sandwich at a federal law enforcement official in the nation’s capital, a person familiar with the matter told The Associated Press.
Sean Charles Dunn was arrested on an assault charge after he threw a sub-style sandwich at a Customs and Border Protection agent. A video of the incident went viral, and shortly after he was fired from the Justice Department, where he worked
as an international affairs specialist in the department's criminal division.
The case is one of the examples of the legal pushback to President Donald Trump's law enforcement surge in Washington that has led to more than 1,000 arrests. It is highly unusual for grand jurors to refuse to return an indictment, and it was once said that prosecutors could persuade a grand jury to “indict a ham sandwich.”
Grand jurors decide in secret proceedings whether there is another evidence for an indictment, and prosecutors could go back to try again in Dunn's case. The person briefed on the failure to obtain an indictment against Dunn on Tuesday was not authorized to publicly discuss the matter and spoke on condition of anonymity.
A message seeking comment was sent Wednesday to a spokesperson for the top federal prosecutor in the District of Columbia, U.S. Attorney Jeanine Pirro, whose office is prosecuting the case. The New York Times first reported the development.
Dunn's arrest came in one of the first days of Trump's Aug. 11 order for federal agents and troops to flood Washington. Authorities say Dunn approached a group of CBP agents, pointed a finger in an agent’s face and swore at him, calling him a “fascist,” a police affidavit says. An observer’s video captured Dunn throwing a sandwich at the agent’s chest, the affidavit says.
“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.
Dunn tried to run away but was apprehended, police said.
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Associated Press writer Michael Kunzelman contributed to this report.
