Grand jury declines felony, DC files misdemeanor in sandwich assault

Federal prosecutors in Washington declined to secure a felony indictment this week against a former Justice Department employee who is accused of throwing a submarine sandwich at a federal agent during a confrontation in the District earlier this month, and instead filed a misdemeanor assault charge that bypasses a grand jury, court records show. The incident occurred on Aug. 10 near 14th and U Streets, and the move to a lesser charge came after a grand jury declined to return a true bill on the felony count prosecutors had sought.

Video of the encounter shows Sean Charles Dunn, 37, confronting a group of U.S. Customs and Border Protection agents, shouting that they were "fascists" and "I don't want you in my city," and then hurling a sub-style sandwich that struck one agent in the chest, according to court documents and witness accounts. Dunn was arrested shortly afterward, fired from his Justice Department position, and later rearrested by federal marshals, prosecutors said. He told police, "I did it. I threw the sandwich," the criminal complaint states.

Prosecutors in the office of U.S. Attorney for the District of Columbia Jeanine Pirro initially sought a felony charge of...