Federal prosecutors filed a misdemeanor charge against a Washington man accused of throwing a sub-style sandwich at a federal officer after a grand jury declined to indict him on a felony, according to court records and prosecutors.
Prosecutors Bypass Grand Jury In D.C. Sandwich Toss Case
According to a Reuters report, prosecutors on Thursday charged Sean Charles Dunn, by information, a move that bypasses the grand jury and allows the case to proceed directly to a judge to determine probable cause. The downgraded count carries a maximum one-year sentence, far less than the eight-year maximum attached to the initial felony assault allegation.
Authorities say 37-year-old Dunn hurled a sandwich at a U.S. Customs and Border Protection officer during an August incident amid an expanded federal law-enforcement presence in the nation's capital. Charging papers say the sandwich struck the officer in the chest. Video captured the encounter and Dunn was arrested shortly afterward. He was fired from his Justice Department job the next day.
Grand Jury Rejects Felony, Case Downgraded To Misdemeanor
The U.S. Attorney's Office, led by Jeanine Pirro, initially sought a felony indictment, but jurors declined to return it this week. Afterward, prosecutors pivoted to the misdemeanor simple-assault charge. Pirro had earlier highlighted the case in a social video, punctuated with the line "stick your Subway sandwich somewhere else," as part of a broader push to prosecute assaults on federal officers.
The White House released an arrest video showing heavily armed officers serving a warrant at Dunn's apartment. A magistrate later ordered Dunn released pending trial, finding he posed no ongoing threat. Dunn has not entered a plea, and his attorney declined to comment.
Donald Trump’s Law-And-Order Push In Recent Weeks
The episode has become a flash point in President Donald Trump's law-and-order campaign in Washington, which includes deploying National Guard troops and amplifying prosecutions involving federal personnel.
The Trump administration claims that the move’s success in D.C. could likely hint at potential expansions to other cities, although there’s been a political blowback to those deployments, too.
Thursday's filing marks at least the second time this month a D.C. grand jury has rejected a felony charge tied to clashes with federal officers, forcing prosecutors to pursue lesser counts. Dunn now faces a simple-assault case that will turn on the same facts, without the grand jury's gatekeeping.
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