Grand jury declines to indict man who threw sandwich at CBP agent: report

A Washington, D.C., federal grand jury on Wednesday declined to indict a former Justice Department paralegal for a felony after throwing a sandwich at a U.S. Customs and Border Protection officer, according to a report.

Sean Charles Dunn, 37, was charged with assaulting a federal police officer earlier this month after President Trump sent federal agencies to assist local law enforcement with cracking down on crime in the capital. Attorney General Pam Bondi said Dunn was fired from his DOJ job after the incident.

The grand jury didn't return an indictment against Dunn, despite the incident of him yelling, cursing, and throwing the sandwich at the officer being caught on video, NBC News reported, citing two people familiar with the matter. Dunn ran away after he threw the sandwich, but officers chased down and arrested him.

It is unusual for grand juries not to indict, as probable cause is the standard and the jurors usually only hear from prosecutors. 

While the federal charges against Dunn were initially filed by criminal complaint, prosecutors are required to secure an indictment from a grand jury made up of D.C. residents within 30 days under the Speedy Trial Act. Dunn has a preliminary appearance in federal court on Sept. 4.

Prosecutors could try to have another grand jury to indict Dunn before his next court appearance. However, if they do not secure an indictment, they would have to reduce the charge to a misdemeanor offense, which could still mean Dunn would face up to a year in prison.