WASHINGTON (AP) — Federal prosecutors have failed to obtain a felony indictment against a man who was seen on camera hurling a sandwich at a federal law enforcement official in the nation’s capital, a person familiar with the matter told The Associated Press.
Sean Charles Dunn was arrested on an assault charge after he threw a sub-style sandwich at a Customs and Border Protection agent. A video of the incident went viral, and shortly after he was fired from the Justice Department, where he worked as an international affairs specialist in the department's criminal division.
The case is one of the examples of the legal pushback to President Donald Trump's law enforcement surge in Washington that has led to more than 1,000 arrests. It is highly unusual for grand jurors to refuse to return an indictment, and it was once said that prosecutors could persuade a grand jury to “indict a ham sandwich.”
Grand jurors decide in secret proceedings whether there is enough evidence for an indictment, and prosecutors could go back to try again in Dunn's case. The person briefed on the failure to obtain an indictment against Dunn on Tuesday was not authorized to publicly discuss the matter and spoke on condition of anonymity.
A message seeking comment was sent Wednesday to a spokesperson for the top federal prosecutor in the District of Columbia, U.S. Attorney Jeanine Pirro, whose office is prosecuting the case. An attorney for Dunn declined to comment.
The New York Times first reported the development.
Dunn's arrest came in one of the first days after Trump's Aug. 11 order for federal agents and troops to flood Washington. Authorities say Dunn approached a group of CBP agents, pointed a finger in an agent’s face and swore at him, calling him a “fascist,” a police affidavit says. An observer’s video captured Dunn throwing a sandwich at the agent’s chest, the affidavit says.
“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.
Dunn tried to run away but was apprehended, police said. He was initially released and then was rearrested by federal agents. A video of agents going to arrest and handcuff him was posted online by an official White House X account.
Defense lawyers and at least one federal judge have raised concerns over the federal government's handling of arrests on charges that, in many cases, would typically be handled by local authorities instead of federal prosecutors. One magistrate judge this week scolded prosecutors over a case against a man who was jailed for a week before prosecutors decided to drop the case. The judge called it “the most illegal search I have ever seen in my life.”
In another recent case, prosecutors in Washington acknowledged that three grand juries had voted separately against indicting a woman accused of assaulting an FBI agent outside the city's jail in July, where she was recording video of the transfer of inmates into the custody of Immigration and Customs Enforcement agents. Rebuffed by the grand juries, Pirro’s office is pursuing a misdemeanor assault charge against Sydney Lori Reid instead.
On Tuesday, Scott J. Pichon, 33, was arrested on a charge that he spit on two Army National Guard members from South Carolina who were patrolling near Union Station, the city's transit hub, on Friday. Pichon faces a felony assault charge that carries a maximum prison sentence of eight years.
Associated Press writer Michael Kunzelman contributed to this report.
FILE - The Department of Justice seal is seen during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana, File)
UTICA, N.Y. (AP) — A New York prison guard who failed to intervene as he watched an inmate being beaten to death should be convicted of manslaughter, a prosecutor told a jury Thursday in the final trial of correctional officers whose pummeling, recorded by body-cameras, provoked outrage.
“For seven minutes — seven gut-churning, nauseating, disgusting minutes — he stood in that room close enough to touch him and he did nothing,” special prosecutor William Fitzpatrick told jurors during closing arguments. The jury began deliberating Thursday afternoon.
Former corrections officer Michael Fisher, 55, is charged with second-degree manslaughter in the death of Robert Brooks, who was beaten by guards upon his arrival at Marcy Correctional Facility on the night of Dec. 9, 2024, his agony recorded silently on the guards' body cameras.
Fisher’s attorney, Scott Iseman, said his client entered the infirmary after the beating began and could not have known the extent of his injuries.
Fisher was among 10 guards indicted in February. Three more agreed to plead guilty to reduced charges in return for cooperating with prosecutors. Of the 10 officers indicted in February, six pleaded guilty to manslaughter or lesser charges. Four rejected plea deals. One was convicted of murder, and two were acquitted in the first trial last fall.
Fisher, standing alone, is the last of the guards to face a jury.
The trial closes a chapter in a high-profile case led to reforms in New York's prisons. But advocates say the prisons remain plagued by understaffing and other problems, especially since a wildcat strike by guards last year.
Officials took action amid outrage over the images of the guards beating the 43-year-old Black man in the prison's infirmary. Officers could be seen striking Brooks in the chest with a shoe, lifting him by the neck and dropping him.
Video shown to the jury during closing arguments Thursday indicates Fisher stood by the doorway and didn't intervene.
“Did Michael Fisher recklessly cause the death of Robert Brooks? Of course he did. Not by himself. He had plenty of other helpers,” said Fitzpatrick, the Onondaga County district attorney.
Iseman asked jurors looking at the footage to consider what Fisher could have known at the time “without the benefit of 2020 hindsight.”
“Michael Fisher did not have a rewind button. He did not have the ability to enhance. He did not have the ability to pause. He did not have the ability to get a different perspective of what was happening in the room,” Iseman said.
Even before Brooks' death, critics claimed the prison system was beset by problems that included brutality, overworked staff and inconsistent services. By the time criminal indictments were unsealed in February, the system was reeling from an illegal three-week wildcat strike by corrections officers who were upset over working conditions. Gov. Kathy Hochul deployed National Guard troops to maintain operations. More than 2,000 guards were fired.
Prison deaths during the strike included Messiah Nantwi on March 1 at Mid-State Correctional Facility, which is across the road from the Marcy prison. 10 other guards were indicted in Nantwi's death in April, including two charged with murder.
There are still about 3,000 National Guard members serving the state prison system, according to state officials.
“The absence of staff in critical positions is affecting literally every aspect of prison operations. And I think the experience for incarcerated people is neglect,” Jennifer Scaife, executive director of the Correctional Association of New York, an independent monitoring group, said on the eve of Fisher's trial.
Hochul last month announced a broad reform agreement with lawmakers that includes a requirement that cameras be installed in all facilities and that video recordings related to deaths behind bars be promptly released to state investigators.
The state also lowered the hiring age for correction officers from 21 to 18 years of age.
FILE - This image provided by the New York State Attorney General office shows body camera footage of correction officers beating a handcuffed man, Robert Brooks, at the Marcy Correctional Facility in Oneida County, N.Y., Dec. 9, 2024. (New York State Attorney General office via AP, File)
