Sometimes a Sandwich is Just a Sandwich

[Joe Guy]

I think this would make a great movie....

DC sandwich thrower found not guilty in misdemeanor assault case, speaks out after acquittal

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 exhibits.

Dunn hugged his attorneys after the verdict on Thursday and said, "I’m relieved and look forward to moving on with my life."

Speaking outside the courthouse, he added: "That night, I believed I was protecting the rights of immigrants," recalling his encounter with the CBP officer during the federal law enforcement surge in August.

Defense attorney Sabrina Shroff said the legal team was "very relieved, not only as Sean’s lawyers, but as people who regularly find ourselves dissenting in many different respects."

Dunn, a former Department of Justice staffer, had been hit with the misdemeanor count after a grand jury failed to indict him on a felony assault charge for throwing a Subway sandwich at the agent. Video of the encounter went viral after Dunn's arrest.

According to the earlier felony criminal complaint, Dunn allegedly approached the officer and shouted, "Why are you here? I don't want you in my city!"

After several minutes of confrontation, Dunn threw the sandwich, striking the officer in the chest, the complaint said.

Shroff signaled her strategy immediately in her closing arguments on Wednesday, saying, "This case, ladies and gentlemen, is about a sandwich," she said. "A sandwich that landed intact, still in its Subway wrapping."

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 pull attention away from CBP and the Metropolitan Police Department during a "high-visibility" operation. "Distract the officers, move them from their post," DiLorenzo told jurors.

Prosecutors then played a video of Dunn admitting to officers, "I did it. I threw a sandwich. I did it to draw them away from where they were. I succeeded."

The government argued that intent, not the menu item, is what matters. "Even with a sandwich, you don’t have the right to touch another person," DiLorenzo said.

Shroff showed photos of the sandwich on the ground after it hit the CBP agent and then pointed to something the government had not, the agent’s own mementos from the incident. The agent, she said, later received a fake Subway sandwich and a “felony footlong” badge from co-workers, both of which he displayed at work.

"If someone assaulted you, if someone offended you, would you keep a memento of that assault?" Shroff asked. "Would you stick it on your lunchbox and carry it every day? Of course not." (A true Perry Mason Moment!!)

Shroff argued the sandwich caused no injury, was not a foreseeable weapon, and that Dunn was engaged in protected political speech. She compared the incident to "a kid throwing a stuffed toy in the middle of a bedtime temper tantrum."

Dunn waived his right to testify in court Wednesday ahead of closing arguments.

source

[Burning Petard]

The true flavor of justice in America. So just how much out of pocket did this man have to pay to reach this 'not guilty' verdict from a jury his peers? Never mind how much taxpayer money was involved. Please tell me some legal group that has not been castrated by Trump took it on pro bono.

snailgate.

[BoSoxGal]

The true flavor of justice in America. So just how much out of pocket did this man have to pay to reach this 'not guilty' verdict from a jury his peers? Never mind how much taxpayer money was involved. Please tell me some legal group that has not been castrated by Trump took it on pro bono.

snailgate.

One of the TWO Assistant US Attorneys who prosecuted the case - because DC has no local prosecutors, it falls under US Attorney jurisdiction - also prosecuted the attacks on Benghazi. I'm sure it was a great use of that obviously incredibly experienced resource ( ), and I'm sure the AUSAs feel really good about having been required by FOX News personality Jeanine Pirro to pursue this embarrassing case.

As for the defendant, he was obviously very ably represented by attorneys from Steptoe LLP, who repped him pro bono. Undoubtedly because they were outraged by the abuse of power the case represented, especially when the US Attorney tried THREE TIMES to get him indicted on a FELONY.

https://news.bloomberglaw.com/us-law-we ... al-dc-case

[Sue U]

I think this would make a great movie....

12 Hangry Men.

[BoSoxGal]

[MajGenl.Meade]

and

The Innocent Sandwich Man 1915
https://www.imdb.com/es/title/tt0903860/

[Joe Guy]

12 Hangry Men.

Storyline - The defense and the prosecution have rested, and the jury is filing into the jury room to decide if a young man is guilty or innocent of assault with an edible weapon. What begins as an open-and-shut case of sandwich assault becomes a detective story that presents a succession of clues that creates juror's doubts in the level of injuriousness and virulence that a hoagie might inflict. A mini-drama of each of the jurors' prejudices and preconceptions about the trial, the accused, and his sandwich, AND each other emerges. Eventually, they come to a unanimous verdict at 11:30 am on a Friday, but they decide to have lunch first before notifying the judge. The prosecution becomes concerned when it is revealed that all the jurors have ordered a hoagie from Subway.