Federal prosecutors failed to secure a grand jury indictment against a former Department of Justice employee who was arrested in early August after allegedly hurling a Subway sandwich at a U.S. Customs and Border Protection officer in Washington, D.C., The New York Times reported Wednesday.
The U.S. Attorney’s Office in D.C. sought to charge the man, Sean Charles Dunn, with felony assault of an officer for sub-chucking incident, which was caught on video.
It is not clear if prosecutors will try again to obtain an indictment of Dunn.
The DOJ fired Dunn after his arrest.
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