A federal jury in Washington, D.C., acquits Sean Dunn, who was accused of throwing a Subway sandwich at a federal Border Patrol agent. The agent reportedly testified that the sandwich struck him in the chest and “exploded” or burst open and he could smell the onions and mustard.
A jury acquitted a Washington, D.C. man who threw a Subway sandwich at the chest of a federal officer, finding him not guilty after several hours of deliberations.
A Washington, D.C. jury acquitted Sean Dunn, a former Justice Department employee, of a misdemeanor assault charge for throwing a Subway sandwich at a U.S. Customs and Border Protection agent. The verdict came after his defense team successfully argued that the incident was a harmless, symbolic act of protest that caused no harm and was disproportionately prosecuted for political reasons.
Case Details
Incident: In August 2025, during the Trump administration’s deployment of federal agents to D.C., Dunn confronted a group of agents, called them “fascists,” and threw a footlong salami sandwich at the chest of Officer Gregory Lairmore. The incident was captured on video and went viral, making Dunn a symbol of resistance to the federal presence in the city.
The Charges: Prosecutors initially sought a felony assault charge, but a grand jury refused to indict Dunn. The U.S. Attorney’s office then downgraded the case to a misdemeanor assault charge, which proceeded to trial.
The Defense: Dunn’s attorney, Sabrina Shroff, argued the act was a “harmless gesture” and a form of political protest protected by the First Amendment. She highlighted the disproportionate response to the incident, including a raid on Dunn’s home by armed federal agents and his subsequent firing, which the defense claimed was a vindictive prosecution.
The Verdict: The jury deliberated for several hours before finding Dunn not guilty. One juror later told reporters that she didn’t believe the officer felt threatened by the sandwich and even laughed at the officer’s claim that the sub “exploded all over” his chest. Evidence that the officer received “gag gifts” from coworkers, including a patch with a cartoon of the incident labeled “Felony Footlong,” helped support the defense’s argument that the incident was not a serious matter.