Grand jury declines to indict sandwich-throwing former DOJ staffer charged with assaulting federal officer

A federal grand jury has declined to indict a man accused of throwing a sandwich at a federal officer deployed to Washington, DC, by the Trump administration.

The man, identified as former Justice Department paralegal Sean Dunn, was captured on video throwing the sandwich at the officer’s chest during an August 10 incident at 14th and U Streets NW.

In the video, Dunn is heard shouting at officers, “F*** you! You f***ing fascists! Why are you here? I don’t want you in my city!” Moments later, he is seen hurling the sandwich outside a Subway restaurant before running away. Officers chased and arrested him.

Dunn was charged in federal court with felony assault on law enforcement. Attorney General Pam Bondi confirmed he had been fired from the Justice Department.

The altercation came amid President Donald Trump’s deployment of National Guard members and other federal law enforcement agents into the capital to increase crime prevention and immigration enforcement in the nation's capital.

NBC News reported that it is rare for grand juries to decline indictments, since the threshold is probable cause rather than proof beyond a reasonable doubt. Prosecutors initially filed the charges against Dunn via criminal complaint, but under the federal Speedy Trial Act, they must secure a grand jury indictment within 30 days.

Dunn is scheduled to appear in federal court on September 4. Prosecutors could attempt to bring the case before another grand jury, but if they fail to secure an indictment, the charge would likely be reduced to a misdemeanor, which carries a potential penalty of up to one year in jail.