U.S. Attorney Jeanine Pirro’s office on Thursday charged a man accused of throwing a sandwich at a Customs and Border Protection agent in Washington D.C. earlier this month with misdemeanor assault, issuing the charge one day after failing to convince a grand jury to return a felony indictment against the alleged assailant.
Sean Dunn, who Attorney General Pam Bondi confirmed was a Justice Department employee at the time of the incident, was seen in a now-viral video throwing a salami sub at the immigration agent, days after President Donald Trump directed the deployment of National Guard troops and federal law enforcement personnel to D.C. Trump framed the move as an effort to address crime in the city, despite data suggesting criminal activity was already trending downward.
According to a criminal complaint filed by prosecutors, Dunn, 37, confronted federal agents stationed outside of a popular nightlife area.
“F— you! You f—ing fascists! Why are you here? I don’t want you in my city!” Dunn yelled at officers, before throwing a sandwich that struck one Customs and Border Patrol agent in the chest.
Dunn attempted to flee on foot but was apprehended and arrested by officers on the scene, the complaint indicated.
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The incident took place on Aug. 10, in the heart of D.C.’s U Street corridor, a neighborhood that played a historic role in the civil rights era and is now a nightlife hotspot.
A Justice Department employee told NBC News that Dunn at the time worked in the international affairs section of the criminal division at the Justice Department.
After the alleged assault, Bondi said Dunn was promptly fired from the department, later writing in a statement, “you will NOT work in this administration while disrespecting our government and law enforcement.”
Some D.C. residents heralded Dunn for the alleged assault, raising video of the incident as a symbol of resistance to Trump and his deployment of thousands of federal law enforcement personnel to the city. Banksy-inspired illustrations of a man throwing a sub have begun to pop up on walls throughout D.C., the Washingtonian magazine reported.
Federal prosecutors initially sought to charge Dunn with felony assault, which requires a grand jury indictment from a panel of Washington residents. But a jury on Wednesday declined to return an indictment against Dunn, an implicit suggestion that residents did not identify sufficient probable cause to back the charge.
The decision is not the first time a D.C. grand jury has opted against signing off on charges, with prosecutors repeatedly failing to secure a felony indictment against a woman who was arrested for allegedly assaulting FBI agents during an immigration-related protest last month, The New York Times reported.
The jury’s decision also signaled mounting backlash among D.C. residents to Trump’s surge of federal law enforcement personnel, which critics have panned as unnecessary, a scare tactic and racially motivated.
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