Overview

• A federal panel declined to indict Sean Charles Dunn, 37, who was accused of throwing a sub at a Customs and Border Protection agent in Washington’s U Street corridor and was fired from the Justice Department after the video went viral.
• Dunn remains charged by criminal complaint and is scheduled for a preliminary hearing on Sept. 4, with prosecutors able to seek a new grand jury or file a misdemeanor information under the roughly 30‑day indictment window.
• The decision follows another setback in which three grand juries refused felony charges against Sidney Lori Reid, leading the U.S. Attorney’s Office to refile that matter as a misdemeanor.
• Grand jury refusals at the probable‑cause stage are uncommon, often contrasted with the adage that a prosecutor can “indict a ham sandwich.”
• The case drew unusual publicity as the White House posted video of Dunn’s re‑arrest during Trump’s D.C. crime crackdown, which has produced more than 1,000 arrests and prompted criticism from judges and defense attorneys.