Man who threw sandwich at federal agent in Washington is found not guilty of assault charge

His misdemeanor acquittal is another setback for prosecutors, who have faced a backlash for their aggressive charging tactics during the law enforcement surge. The Justice Department had initially sought a felony assault indictment against Dunn, but in a highly unusual move, the grand jury declined to sign off on the felony charge. The office of U.S. Attorney Jeanine Pirro then charged Dunn with a misdemeanor.

There was no dispute over whether Dunn threw the sandwich at a U.S. Customs and Border Protection agent on the night of Aug. 10. But his lawyers argued it was a “harmless gesture” during an act of protest protected by the First Amendment.

Prosecutors said Dunn knew he did not have a right to throw the sandwich at the agent. Dunn shouted “fascists” and “racists” and chanted “shame” toward the group of agents who were in front of a club hosting a “Latin Night."

“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.

Dunn hugged his lawyers after the foreperson read the verdict. Later, he said, “I’m relieved and I’m looking forward to moving on with my life.”

Court officers escorted the 12 jurors out of the building with a gaggle of reporters following. Several jurors, including the foreperson, declined to be interviewed.

Dunn ran away after hitting the agent with the sandwich but was apprehended. He was released from custody but rearrested when armed federal agents in riot gear raided his home. The White House posted a highly produced “propaganda” video of the raid on its official X account, Dunn’s lawyers said.

Dunn worked as an international affairs specialist in the Justice Department’s criminal division. After Dunn’s arrest, Attorney General Pam Bondi announced his firing in a social media post that referred to him as “an example of the Deep State.”

Dunn lawyers urged the judge to dismiss the case for what they alleged was a vindictive and selective prosecution. They argued that the posts by Bondi and the White House show Dunn was impermissibly targeted for his political speech.

____ Associated Press reporter Alanna Durkin Richer in Washington contributed.