A jury trial for the “D.C. sandwich guy” continued Thursday, with the question of whether he is headed to prison in the air. The jury has ruled that he is not guilty, CBS News reported.
His attorneys didn’t dispute that 37-year-old Sean Dunn did indeed throw a Subway sandwich at a U.S. Customs and Border Protection officer.
In an August press release, the U.S. Department of Justice said that Dunn – a former DOJ staffer – had been charged in connection with the Aug. 10 incident. It said charging documents alleged that Dunn approached officers patrolling on the 2000 block of 14th Street NW in Washington D.C. at around 11 p.m. and shouted: “F*** you! You f***ing fascists! Why are you here? I don’t want you in my city!”
He then threw a sandwich at one of the officers, which hit the man’s chest. Though he attempted to flee, Dunn was apprehended and admitted to throwing the sandwich. Attorney General Pam Bondi revealed that he was fired from the DOJ after the incident.
After the sandwich toss made news, artwork of Dunn styled as a resistance fighter (many in the style of mysterious street artist Banksy) began popping up around D.C., the Washingtonian reported. From walls to stickers and other merchandise, his image started showing up everywhere.
“Cleaning crews have been taking down posters only for the images to be speedily put back up without a trace of the artist’s identity,” said the GW Hatchet in September. In late August, Audacy reported on another DOJ staffer who was fired for “inappropriate conduct” towards the National Guard.
While Dunn has become a symbol for those who oppose President Donald Trump’s move to crack down on illegal immigration with Immigration and Customs Enforcement officers and the National Guard.
A grand jury has already declined to indict Dunn on a felony assault charge, according to The Hill. That would have carried a maximum sentence of eight years in prison. Prosecutors were pursuing a misdemeanor assault charge with a maximum sentence of one year in prison, in addition to fines and probation.
U.S. District Judge Carl Nichols, a Trump nomination, said before jury selection Monday that he expected the trial to last no more than two days “because it’s the simplest case in the world,” according to the Associated Press. He also acknowledged that it was an unusual case for federal court, the outlet added.
WUSA reported Wednesday that jurors ended the day deadlocked and they were expected to return at 9 a.m. Thursday. They delivered a verdict Thursday afternoon.
“He did it. He threw the sandwich,” Dunn’s attorney Julia Gatto told the jury, according to CNN. She argued that the action didn’t warrant a criminal case and was in the realm of First Amendment protected free speech.
“He is not a fan. He thinks recent immigration enforcement is racist,” Gatto said of her client’s disappointment with the Trump administration and his motivation for his sandwich statement.
Public opinion survey research published last month by the Chicago Council on Global Affairs indicated that “record or near-record numbers of Americans support increasing (28%) or maintaining current levels (49%) of legal immigration, while opposition to legal immigration is at an all-time low (21%).”
Greg Lairmore, the officer hit by the sub, said “it smelled of onions and mustard,” and that it left stains on his uniform when it “exploded” on his chest. Dunn’s defense team noted that photos and video show the sandwich on the ground, still wrapped, after their client flung it at Larimore.
“From the photo it looks bent and out of shape,” said Larimore. He’s been receiving sandwich-themed gag gifts from fellow officers since that fateful night.
As the defense downplayed the severity of Dunn’s sandwich throw, prosecutors had a different view.
“Look, I understand you may all have views of the federal law enforcement presence in DC,” Assistant U.S. Attorney John Parron told the jury during opening statements Tuesday. “And that’s fine, we’re not trying to convince you otherwise. But respectfully, that’s not what this case is about.
This case is about the fact that you can’t go around throwing stuff at people when you’re mad.”
He added that disputes should he settled verbally and that Dunn’s actions amount to forcible assault. So, not its up to the jurors to decide whether the sandwich-throwing is enough to convict Dunn on the misdemeanor assault charge.