Overview

• A federal grand jury in Washington declined to indict Sean Charles Dunn on a felony assault charge over the Aug. 10 incident in which he threw a sub-style sandwich at a CBP agent.
• Prosecutors must act within the 30‑day charging window and could present the case to a new grand jury or refile it as a misdemeanor that does not require indictment.
• A preliminary hearing before Magistrate Judge G. Michael Harvey is set for Sept. 4 to determine probable cause.
• The setback mirrors a separate case in which prosecutors failed three times to secure a felony indictment against Sidney Lori Reid before refiling a misdemeanor.
• Video of the encounter went viral, the Justice Department fired Dunn, and the White House shared re-arrest footage as the case drew scrutiny of Trump’s expanded federal law-enforcement presence in D.C.