Former DOJ employee who threw sandwich at Border Patrol agent found not guilty of assault

A former Justice Department employee who threw a Subway-style sandwich at a Border Patrol agent in Washington, D.C., was found not guilty of a misdemeanor assault charge on Thursday.

Sean Charles Dunn, 37, threw the sandwich at a U.S. Customs and Border Protection agent on Aug. 10, but his lawyers argued it was a “harmless gesture” that was an act of protest protected by the First Amendment, The Associated Press reported.

Prosecutors argued during the three-day trial that Dunn knew he did not have the right to throw the sandwich at the agent.

After the verdict, Dunn said, “I’m relieved and I’m looking forward to moving on with my life.”

Following the incident in August, Dunn was fired from the DOJ.

A grand jury declined to indict Dunn on a felony assault count related to the incident. However, U.S. Attorney Jeanine Pirro’s office opted to charge him instead with a misdemeanor.