Sean Charles Dunn, the man who threw a Subway sandwich at a federal agent during a federal law enforcement surge under President Donald Trump, has been found not guilty of misdemeanor assault.
“I am eternally grateful, and I am so happy that justice prevails in spite of everything happening,” Dunn said outside the courthouse. “That night, I believe I was protecting the rights of immigrants.”
There was no dispute that Dunn—now widely known as the “Sandwich Guy”—threw the sandwich at a U.S. Customs and Border Protection agent on August 10. His legal team argued the act was a symbolic protest protected under the First Amendment.
The incident occurred outside a club hosting “Latin Night,” where Dunn confronted a group of CBP agents, calling them “fascists” and “racists” while chanting “shame.” A bystander’s video captured the moment the sandwich hit an agent’s chest.
Local residents expressed little surprise at the verdict. “There are much more important things to worry about. Throwing a sandwich is probably at the bottom of that list,” said John Clinton. Dyavius Fowler added, “It wasn’t much of a surprise. I don’t really think that was assault—at the end of the day, it was just a sandwich.”
Prosecutors maintained that Dunn knew he had no right to throw the sandwich. U.S. Attorney Jeanine Pirro’s office stated, “We accept the jury’s verdict; that is the system within which we function. However, law enforcement should never be subjected to assault, no matter how ‘minor.’ Even children know not to throw objects when angry.”
Some law enforcement officials voiced concern that the verdict could undermine morale. Joshua Ederheimer, a retired senior official with the Metropolitan Police Department and the Department of Homeland Security, commented, “This verdict is disappointing. It sends a message that such behavior is acceptable and could negatively affect officers who serve daily.”
A grand jury had previously declined to indict Dunn on felony charges, reflecting broader resistance to the Justice Department’s handling of surge-related cases. Following that decision, Dunn was charged with a misdemeanor.
After initially fleeing, Dunn was apprehended, released, and later rearrested during a raid by federal agents in riot gear. At the time, he worked as an international affairs specialist in the Justice Department’s criminal division. His employment was terminated shortly after, with Attorney General Pam Bondi labeling him “an example of the Deep State” in a social media post.
The sandwich incident occurred just days after federal officers were deployed to Washington, D.C., as part of a broader crime-fighting initiative.