Federal prosecutors failed to secure a felony indictment from a grand jury this week against an ex-Justice Department employee who admitted throwing a sandwich at a federal law enforcement officer in Washington, a source familiar with the case told CBS News.
According to charging documents, Sean Dunn, 37, allegedly threw a "submarine-style sandwich" at a Customs and Border Patrol officer stationed at a busy intersection in Northwest Washington, D.C., on Aug. 13.
But a federal grand jury empaneled to indict Dunn declined to do so. It is unclear whether or not federal prosecutors will try again to secure an indictment against him, or seek misdemeanor charges instead, which would not require a grand jury decision. He is charged with one count of assaulting federal law enforcement. No plea has been entered in the case, but there is a preliminary hearing scheduled in his case for Sept. 4.
Dunn worked at the Office of International Affairs within the department's Criminal Division as a paralegal, a Justice Department source said. He was fired by Attorney General Pam Bondi after his arrest.
Dunn's attorney, Sabrina Shroff, declined to comment.
The Justice Department and the U.S. Attorney's Office in Washington, D.C., did not respond to requests for comment.
In video of the incident that was cited in the charges, Dunn can be seen yelling at the agent and other officers in his vicinity before throwing the wrapped sandwich at the officer's chest. Dunn attempted to flee on foot before being apprehended, documents and video of the incident shows.
According to the affidavit, Dunn yelled, "F*** you! You f***ing fascists! Why are you here? I don't want you in my city," before crossing the street. He later returned and threw the sandwich. Dunn, according to the charging documents, admitted to law enforcement, "I did it. I threw a sandwich."
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