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Man charged with throwing his sandwich at a federal officer in D.C. found not guilty

A MARTÍNEZ, HOST:

The verdict is in in a case involving a sub sandwich. A jury in Washington, D.C., found Sean Charles Dunn not guilty of assault for throwing a hoagie at a federal agent. The case came to symbolize how parts of the city responded to President Trump's law enforcement surge. Here's NPR justice correspondent Carrie Johnson.

CARRIE JOHNSON, BYLINE: Sean Charles Dunn embraced his lawyers as the jury foreman read the not guilty verdict. The jury rejected a misdemeanor assault charge against Dunn for throwing a footlong sub sandwich at a Customs and Border Protection agent in August. Dunn says he's relieved and wants to move forward with his life.

(SOUNDBITE OF ARCHIVED RECORDING)

SEAN CHARLES DUNN: And I am so happy that justice prevails.

JOHNSON: Dunn's an Air Force veteran who worked at the Justice Department. Attorney General Pam Bondi fired him after a video of the sandwich incident went viral. On the video, Dunn called officers patrolling the city as part of President Trump's Safe and Beautiful D.C. order fascists and racists. Dunn thought they were about to raid a gay nightclub on Latin Night.

(SOUNDBITE OF ARCHIVED RECORDING)

DUNN: Every life matters, no matter where you came from, no matter how you got here, no matter how you identify.

JOHNSON: Prosecutors initially tried to charge Dunn with a felony, but a grand jury refused to indict him. Instead, DOJ pursued a less serious misdemeanor count, arguing that Dunn had forcibly assaulted, resisted or impeded the federal agent. Prosecutors say Dunn went too far, that you can't throw things, especially at law enforcement. Agent Gregory Lairmore testified the sandwich exploded on his bulletproof vest. He said mustard got on his uniform and onion on his radio. But defense lawyers pointed out the agent kept gag gifts about the incident in his office - a plush toy and a patch that says, felony footlong. Sabrina Shroff told the jury to use common sense. This was not a weapon hurled with force anywhere near justifying federal charges. Outside the courthouse, Shroff beamed at the crowd.

(SOUNDBITE OF ARCHIVED RECORDING)

SABRINA SHROFF: We really want to thank the jury for having sent back an affirmation that dissent is what is not just tolerated. It is legal. It is welcome.

JOHNSON: Dunn wore a pink shirt and shorts on the night of the incident. Some jurors seemed to notice. This week, two jurors donned bright pink sweaters. Another looked at the defense table and pumped her fists at her sides after the verdict was read.

Carrie Johnson, NPR News, Washington.

(SOUNDBITE OF DAMU THE FUDGEMUNK'S "THIS ADVICE") Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Carrie Johnson
Carrie Johnson is NPR's National Justice Correspondent.