Sean Charles Dunn was cleared of assault after a Subway sandwich protest. Photo / Getty Images
The man arrested for hurling a sandwich at a border agent in Washington DC left reporters scratching their heads after delivering an Oscar-style speech upon being acquitted.
In an emotional address, Sean Charles Dunn cast his acquittal as a victory for justice and claimed he was prosecuted for “protecting the rights of immigrants”.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional or spiritual or artistic or financial,” said the Washington man who did not deny throwing his Subway sandwich at a United States Customs and Border Protection (CBP) agent outside a nightclub on August 10.
One journalist asked the question on everyone’s lips: “What does that have to do with throwing a sandwich?”.
The former justice department employee was found not guilty of assault on Thursday in what is being viewed as a legal rebuke of Donald Trump’s crackdown on crime in the capital.
“To the people that opened their hearts and homes to me, I am eternally grateful, and I am so happy that justice prevails in spite of everything happening.
“And that night, I believe that I was protecting the rights of immigrants,” his speech continued.
He closed by saying: “Every life matters, no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free”.
Dunn became a viral sensation after a video of him throwing a Subway sandwich at a CBP agent in August was shared widely on social media, earning him the nickname “sandwich guy”.
In a video of the incident shared in court, Dunn can be seen yelling at the agent and other officers before throwing the wrapped sandwich at the man’s chest, and attempting to run away on foot.
According to the affidavit, Dunn yelled “F*** you! You f*****g fascists! Why are you here?” before returning to the group shortly afterwards to hurl the sandwich.
His actions became a symbol of resistance against the President’s deployment of federal agents to combat crime in the nation’s capital, with murals of him mid-throw cropping up around the city.
Gregory Lairmore, a CBP agent hit by the foot-long salami sub, testified on Tuesday that he could feel the impact “through his ballistic vest”, provoking laughter from the courtroom.
Lairmore said the sandwich “exploded all over” him, that he “could smell the onions and mustard” on his uniform and that he had an onion string hanging from his police radio later that night.
During closing arguments, prosecutors argued Dunn did not have the right to strike federal officers, “even with a sandwich”, and that the strength with which he launched the missile “meets the definition of force”.
Dunn’s lawyers argued that his hurling of the squishy projectile was a “harmless gesture that did not, could not, cause injury” and that his act of protest was protected by the First Amendment.
They also likened the risk level of Dunn’s actions to a child throwing a stuffed animal, and said Lairmore’s bulletproof vest was “definitely going to keep [him] safe”.
They urged the judge to dismiss the case after what they alleged was a vindictive and selective prosecution, arguing that posts from Pam Bondi, the Attorney-General, and the White House show Dunn was unjustly targeted for his political speech.
Following his arrest, Dunn was fired as an international affairs specialist in the Justice Department’s criminal division, with Bondi claiming he was part of “the Deep State”.
Prosecutors initially attempted to charge him with felony assault, which carries a sentence of up to eight years in prison, but the charge was dropped after a grand jury refused to indict him.
Instead, he faced a federal misdemeanour assault charge for allegedly assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer. After his acquittal, Dunn hugged his lawyers and later said: “I’m relieved and I’m looking forward to moving on with my life”.
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