Sean Charles Dunn, 37, appears to have arranged for the ultimate take-out order. After spotting CBP agents outside of a Subway shop, Dunn proceeded to abuse them verbally. That is protected speech. What is not is taking your sandwich and heaving it at an officer. Dunn is now facing a charge of felony assault on an officer. U.S. Attorney Jeanine Pirro now wants to throw the book at him. Just in case anyone is interested in the intersection of culinary and criminal matters, I pulled up the relevant statute.
Daina Henry, a transit police detective, gave the details of the incident in a criminal complaint. Dunn at first walks away before returning and continuing a profane diatribe against the officers, who remain calm. It shows Dunn raving, “F**k you! You f**king fascists! Why are you here? I don’t want you in my city!” Dunn then throws his sandwich at officers and runs away with officers in close pursuit.
Dunn appeared to shrug off the incident, saying “I did it. I threw a sandwich.”
It is a little more than that.
I assume that the charge is brought under 18 U.S. Code § 111 – Assaulting, resisting, or impeding certain officers or employees:
(a)In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b)Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
I am assuming that a sub sandwich is not “deadly or dangerous weapon” (It is more of a deli weapon). Moreover, there was no infliction of bodily injury in the case to justify an enhanced penalty.
However, Dunn is still looking at a maximum sentence of eight years, though that is highly unlikely. His actions certainly appear to satisfy the element of a simple assault.
His counsel could hope for jury nullification in Washington, D.C., but absent a favorable judge or jury, the language of the statute leaves little room for a defense. That could leave defense counsel pushing for a plea to a lesser offense, but U.S. Attorney Jeanine Pirro is clearly not in the mood for negotiations, posting “He thought it was funny. Well he doesn’t think it’s funny today because we charged him with a felony: Assault on a police officer. “So there, stick your Subway sandwich somewhere else!”
Making this all the more bizarre is that Dunn was a Justice Department employee with the Office of International Affairs within the criminal division. He was promptly fired. (Update: there are now reports that Dunn is an actual attorney. However, other reports say that he held a position similar to a paralegal and his name does not appear on the D.C. bar. If he is a lawyer, he could not be subject to a bar action for his alleged assault on law enforcement.)
Dunn created this incident and wanted the notoriety. He succeeded. I expect that there will be a GoFundMe effort to cover his legal costs and he will enjoy a certain celebrity status. However, while this is not a significant assault, it is an assault on an officer. While he may have been a protester, neither he nor his sandwich qualifies as a hero.
That is why he may have to forget about any light plea bargain.
Now Pirro is likely to say you can stick a fork in yourself because you’re Dunn.
First Smollett and now this. We need to ban Subways as a clear threat to the safety of our cities.
Professor Turley writes, “Now Pirro is likely to say you can stick a fork in yourself because you’re Dunn.”
🙂
These metrosexuals are loaded with baloney. Literally.
Two types of guys wear pink shirts. Those that can pull it off due to their obvious masculinity, and then this guy.
Yep
Send him to trial. Lettuce meat olive our eggspectations.
currentsitguy: very clever, I chuckled.
^from lin. I accidentally hit send, oops!
Where does this idea that you can just berate police in public come from? Even white boys from the suburbs know to respect the police, give them the yes-sir no-sir thank-you-sir. Where does this sense of entitlement come from, expecting to just walk up to a group of federal officers like this and expect nothing to happen? I simply don’t get it.
I won’t go that far. The 1st Amendment is still supreme. You can be as vocally critical you you want, but assault and obstruction crosses the line.
If I were to start screaming in the face of any suburban cop, I’d expect a rather nice lump on my head for the effort. City cop, probably worse. Who goes out of their way to pick a fight with a group of police officers? That’s what I can’t understand here.
And you’d be looking at a slam dunk Section 1983 lawsuit, and rightfully so. To live in a free society we’ve got to take the bad on the extremes with the good.
As a wise friend once told me, you can be right and still be dead. How was this interaction ever going to end well for this guy?
You don’t understand Democrats.
that’s because these people are so use to getting away with attacking police and others, and no one was held accountable under 4years with the Biden administration, they feel they can continue on the same path, also, it shows that people have little regard for police authority or presence even if it means they are there to offset the crime wave in dc.
People rant and rave in big cities all the time. Well trained officers ignore that stuff. But the moment he made physical contact, he was fair game for arrest.
And they said that comedy was dead. The event was sandwiched into the sports section because the thrower had no arm velocity but his control was good. If it was a BLT then it should remain a felony since it’s always a crime to waste bacon. The lettuce is probably limp and the tomato is tasteless. On the other hand, if it had been a Reuben then that would be a true crime and should be a higher level felony.
Lastly we will have to see how the thrower reports this on his taxes. Obviously it should be under business expenses since he was demonstrating on the sidewalk (and probably was being paid). But if he files this as a legal expense then Alvin Bragg should be brought in from New York and used to pursue charge stacking at least 34 times. Now that would really make a legal sandwich large enough to choke a hippopotamus.
Ask a Jan 6 defendant about the criminal code for felony assault of an officer and I am sure they can rattle it off. There should be no glee or “na na naa “ in watching this case evolve— I’m cringing Jeanine Pirro. Any amount of jail time is a serious consequence that will disrupt lives. Predictably, the left wing media will run cover and make Dunn a hero/ victim so he may end up financially better off. However, what is truly scary and sad is that there are so many people filled with this much rage. I am grateful for the many voices like Turleys who shine a light on truth and bring forth clarity regarding the nuances involving these unfortunately all to common situations.
He did it all on video too. He can’t argue innocence, but he can ask for jury nullification.
Sandwiches don’t kill…people do. Ban sandwiches nation-wide…no–make that world-wide.
If the sandwich had ham, D A Porto could indict the sandwich itself as well!
Dunn is now sandwiched between a fine and a jail term. If it’s the latter, he’ll have time to ketchup on reading US history.
with all the intended puns, they are hilarious. oh well, pirro will make an example of this dunce. oops, Dunn.
Not even simple assault would apply. Assault. For assault to apply the fear of harm or expectation of harm would have to be taken into consideration. Obviously the officer was wearing body armor and taking a sandwich to the chest is hardly reason to fear harm from a sandwich. The idiot will walk away with a fine. No jail time. So a felony charge is not likely.
Since the sandwich ended up on the sidewalk, Pirro should add littering to the charges.
Hey, man, birds gotta eat too. 🙂
Maybe he was trying to feed the homeless.
bring back the stocks….a 3 days in the stocks…no food or breaks should do it
For those complaining about overcharging, he had his chance to walk away and he instead chose to return to the police and commit his felony. Also, how were the police to know what was in the wrap? No, throw the book at this drama queen, as publicly as possible.
Just as in the Smollett incident, the most gripping part was left out: what happened to the sandwich? There’s your real human interest. That sandwich never hurt nobody.
I hope they bagged the evidence
Maybe if fed a dog, or a rat ??
That sandwich was the true hero of the story! ✊
It’s still DC. Weak slap on the wrist coming. He’ll do it again.
The process is the punishment. Grind him down with endless lawfare. He’ll plea out and get something more serious than a fine.
I think the assault was against a federal officer. Therefore, isn’t that a federal crime where Jeanine Pirro is the federal AG in charge? If so, no slaps on the wrist.
Outrageous, say the Democrats, insisting that because the sandwich was born in the USA, it should be a citizen.
Senator Chris Van Hollen insists on having Margaritas with the sandwich to assure its full constitutional rights.
Rev Al Sharpton inquires if the sandwich had whole wheat bun, making it another racist travesty of Trump.
The Dem women’s choir is singing on the DOJ steps today in favor of the sandwich.
Rachel Maddow extemporizes on how “Trump has been against subs all along.
LOL.. You are killing me. (-:
Adam Schiff goes on TV and announces he has irrefutable evidence that the sandwich was purchased from the kids menu, and therefore Dunn can’t be charged as an adult; and this is just another example executive overreach.
Overcharging this sandwich-attack as an assault would be a serious mistake. It is reminiscent of some of the lawfare suits pressed against Trump, and it diminishes the political and legal credibility of the accuser.
“Overcharging this sandwich-attack as an assault would be a serious mistake. It is reminiscent of some of the lawfare suits pressed against Trump, and it diminishes the political and legal credibility of the accuser”
Disagree. Idiots like him need to be shown that this kind of behavior is and always was illegal, and needs to be treated as such. This is the broken window theory in action, from the Giuliani years. It works.
The problem is DC will get him a liberal judge and if the judge actually follows through a liberal jury. Still the cost of prosecution will start making people think twice about such stupidity, or course with the exception is the indigent (homeless), who will get a public defender and it will cost them nothing. Enforcing the law in DC will be tough with all the the city and federal judges just more Bozobergs.
It’s why many of the grand juries on the lawfare against President Trump were filed in Florida and not DC as they took place in both areas. the conspiracies in DC the execution of the conspiracies in Florida ( Mar-a-Lago)
Even if he walks, this is still part of the public record. Many forms ask, not only if you have been convicted of a crime, but if you’ve ever been arrested. I hope for his own sake he doesn’t have a security clearance, because he can kiss that goodbye now.
If he has a security clearance he will (and should) be fired immediately.
Also – let him defend himself in court (while being prosecuted by Judge Pirro’s people). Let him pony up for an attorney. Let him sweat.
I agree it’s an overcharge however it is also reminiscent of the “broken window” strategy.
screaming in people faces isn’t freedom of expression!
screaming in people’s faces isn’t protected. That is harassment. A CRIME
Scream “Fascist!” at cops; sacrifice a $15 sandwich; wear a pink shirt – all to save democracy!!
If the dude were black he’d be the Democrats newest hero.
“If the dude were black he’d be the Democrats newest hero.”
Or dead.
“Or dead.”
When did assaulting the police not carry the possibility of lethal force used against the assailant? Cops are just supposed to take a beating?
“If the dude were black he’d be the Democrats newest hero.”
Did you just assume his race? I’m literally shaking here.
All the black dudes were in the background, laughing their asses off.
Fortunately, it was only a subway sandwich. It would have been tragic had he ruined a real sandwich.
As we’ve seen from the declassified Russia, Russia, Russia, Democrats and the Main Stream will Lie, cheat, steal, blame someone else, deny, deny, deny, and repeat!!!
Everything the Democrats touch turns to crap…
Democrat Motto: We’re not happy ‘till you’re not happy…
The Words Democrat and Hypocrite are Interchangeable…
Democrats Believe that ALL Americans are stupid…
Democrats and the Main Stream Media have consistently failed to meet the low standards that they set for themselves and replaced common sense with DRAMA.
The Democrats and the Main Stream Media are acting like a bunch of Court Jesters, rather than leaders who know how to govern with common sense ideas.
Instead, Democrats use Soul Alinsky’s “Rules for Radicals” a Communist How to Book to overthrow the U. S. Government.
Why do intelligent Americans vote for these Democrat pukes?
This dude is definitely a Democrat dumbass.