Misdemeanor? Lower charge suggested for famed sub sandwich thrower

Sean Charles Dunn, 37, a now-former federal employee, was accused of shouting obscenities and throwing a sub sandwich at federal officers in Washington, D.C., striking one officer.

It turns out that a grand jury in that leftist enclave declined to indict him on a charge that presumably fell under “Assaulting, resisting, or impeding certain officers or employees.”

That law bars those who assault, resist, or oppose anyone engaged in official duties, and provides penalties of up to eight years in prison if there’s physical contact “or intent to commit another felony.” It provides that “simple assault” be penalized with a sentence of up to one year.

According to Jonathan Turley, an expert on the U.S. Constitution, law professor at George Washington University, and popular commentator, “The District of Columbia is known as one of the most Democratic and liberal jury pools in the country. However, this may be a case of overcharging in the eyes of the jury.”

He noted Dunn was “on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets in Washington, D.C., on Aug. 10 and then striking an officer with a wrapped sandwich.”

“Dunn appeared to shrug off the incident, saying, ‘I did it. I threw a sandwich,’” Turley noted.

He concluded, “There is a basis for a criminal charge of assault. A refusal to indict even on a lower offense would, in my view, be a form of jury nullification.”

He said the question now is whether prosecutors will seek the lower charge.

“She should do so. Law enforcement officers are not dunk-tank targets for any citizen with rage issues. There need to be consequences—even if it is only a misdemeanor charge,” he suggested.

‘We will come after you’: Grand jury decides fate of man who threw Subway sandwich at federal agent

You’re FIRED! D.C. sandwich thrower worked for prominent federal agency