A jury found Sean Charles Dunn, the man accused of throwing a sandwich at a Customs and Border Protection agent in Washington, D.C., not guilty of misdemeanor assault after three days of testimony and dozens of pieces of evidence.
After the verdict, Dunn hugged his attorneys and said, “I feel relieved and look forward to moving forward with my life.”
“I’m so happy!” shouted his lawyer Sabrina Shroff as she left the courtroom.
Dunn, a former Justice Department employee, had been charged with misdemeanor battery after a grand jury did not indict him on felony battery for throwing a Subway sandwich at the agent during the federal law enforcement surge in August. Video of the encounter went viral after Dunn’s arrest.
According to the previous felony criminal complaint, Dunn allegedly approached the officer and yelled, “Why are you here? I don’t want you in my city!”
FBI and Border Patrol officers speak with Sean Charles Dunn, after he allegedly assaulted law enforcement with a sandwich, along the U Street corridor during a federal law enforcement deployment to the nation’s capital on August 10, 2025, in Washington, DC.
Andrew Leyden/Getty Images
After several minutes of confrontation, Dunn threw the sandwich, hitting the officer in the chest, according to the complaint.
Defense attorney Sabrina Shroff immediately pointed out her strategy in her closing arguments Wednesday, saying, “This case, ladies and gentlemen, is about a sandwich,” she said. “A sandwich that landed intact, still in its Subway wrapper.”
Assistant U.S. Attorney Michael DiLorenzo opened the government’s closing argument by urging jurors to find Dunn, better known online as “Sandwich Guy,” guilty of misdemeanor assault.
“This case is not about strong opinions,” DiLorenzo said. “It’s not about immigration.” Instead, he argued, Dunn crossed a line the night he threw the sandwich at a CBP agent.
The government said Dunn caused a “seven-minute disturbance” designed to divert the attention of CBP and the Metropolitan Police Department during a “high visibility” operation. “Distract the officers, get them off their post,” DiLorenzo told the jury.
Prosecutors then played video of Dunn admitting to officers: “I did it. I threw a sandwich at them. I did it to get them away from where they were. I did it.”
FBI and Border Patrol officers arrest Sean Charles Dunn, after he allegedly assaulted law enforcement with a sandwich, along the U Street corridor during a federal law enforcement deployment in the nation’s capital on August 10, 2025, in Washington, DC.
Andrew Leyden/Getty Images
The government argued that it’s the intent that matters, not the menu item. “Even with a sandwich, you have no right to touch another person,” DiLorenzo said.
At several points, U.S. District Judge Carl J. Nichols reminded jurors that their verdict must be based on the evidence presented.
When Shroff continued his argument, he turned the government’s framework on its head, not by questioning the sandwich, but by arguing its legal significance.
He showed photos of the sandwich on the ground after it hit the CBP agent and then pointed out something the government didn’t have, the agent’s own memories of the incident. The officer, he said, later received a fake Subway sandwich and a “foot-long felony” badge from his co-workers, which he displayed at work.
“If someone attacked you, If someone offended you, would you keep a memory of that assault?” Shroff asked. “Would you stick it on your lunch box and carry it every day? Of course not.”
Shroff argued that the sandwich caused no harm, was not a foreseeable weapon and that Dunn was engaged in protected political speech. He compared the incident to “a child throwing a stuffed toy in the middle of a bedtime tantrum.”
Dunn previously waived his right to testify in court before closing arguments.
After nearly two hours of deliberation, the jury failed to reach a verdict. The procedure will resume on Thursday at 9:00 a.m.
-Alex Mallin of ABC News contributed to this report.
