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Grand Jury Rejects Felony in D.C. ‘Sandwich Thrower’ Case as Prosecutors File Misdemeanor

The rare no‑bill highlights growing jury resistance to aggressive federal charging in Washington.

Overview

  • Federal prosecutors on Thursday filed a simple assault charge by criminal information against Sean Charles Dunn after a D.C. grand jury declined to indict him on a felony count.
  • The Aug. 10 incident, captured on video in the U Street corridor, shows the former Justice Department employee shouting at agents and throwing a sub-style sandwich that struck a CBP officer in the chest.
  • The White House promoted Dunn’s high-profile arrest with a staged video, and U.S. Attorney Jeanine Pirro publicly touted the initial felony charge before the grand jury’s refusal.
  • The downgrade follows other setbacks for surge-related cases, including three failed grand jury bids in a separate alleged assault case and judicial criticism of searches, detentions, and case quality.
  • The misdemeanor carries a maximum of one year in jail, down from eight years on the rejected felony, and the case now proceeds in federal court with a preliminary hearing expected next week.