WASHINGTON (Reuters) -A man who hurled a sandwich at a federal agent in a fit of fury over President Donald Trump’s law enforcement surge in Washington, D.C., was cleared on Thursday of a misdemeanor assault charge.
Sean Dunn, a former U.S. Justice Department staffer, was found not guilty of assaulting or impeding a federal officer after a three-day trial in Washington federal court that highlighted tensions in the capital over Trump’s deployment of law enforcement agents and the National Guard to curb crime.
“I am so happy that justice prevails in spite of everything happening,” Dunn told reporters outside the courthouse. “That night I believe I was protecting the rights of immigrants.”
Dunn was captured on a widely shared video berating officers as “fascists” before throwing a sub-style sandwich at a U.S. Customs and Border Protection agent on duty in a nightlife neighborhood on August 10. The 23-year veteran agent, Gregory Lairmore, testified during the trial that the incident generated a whiff of mustard and left onions hanging from the antenna of his police radio.
The verdict was the latest defeat for Trump’s Justice Department related to its crackdown in Washington. Prosecutors initially sought felony charges against Dunn, but downgraded the case to a misdemeanor after a grand jury declined to return an indictment. In several other cases, grand juries refused to indict, a highly unusual rebuke to prosecutors.
A spokesperson for the U.S. Attorney’s Office in Washington, which prosecuted the case, did not immediately respond to a request for comment.
A lawyer for Dunn, Sabrina Shroff, argued the sandwich throw was a harmless gesture of frustration and was not capable of injuring agents clad in ballistic vests. Shroff highlighted gag gifts the agent received from colleagues after the incident, including a patch reading “Felony Footlong.”
“We all know this was not a weapon thrown with force,” Shroff said during closing arguments.
Prosecutors argued that Dunn committed a crime by interfering with law enforcement, pointing to body-worn camera footage in which Dunn can be heard saying he wanted to draw officers away from their posts.
Prosecutor Michael DiLorenzo told the jury that Dunn’s free speech rights did not allow him to “strike another person – even with a sandwich.”
“That’s where the defendant crossed the line,” DiLorenzo said.
Lairmore, one of only two witnesses called, testified that officers perceived a potential threat from an agitated Dunn.
Dunn, who worked on international cases as a Justice Department staffer, became an unlikely symbol of resistance and was condemned by senior Trump officials in the days after the incident. The White House posted a video on social media of heavily armed agents taking him into custody.
Trump deployed teams of federal agents to patrol Washington beginning in August, decrying what he portrayed as a crime crisis in the city. The surge led to an initial decline in some types of crime, but also spurred a backlash among some residents.
(Reporting by Andrew Goudsward; Editing by Scott Malone and Daniel Wallis)
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