Lawyers for the “sandwich guy,” known for hurling a Subway delicacy into a federal officer’s chest who was out on patrol in the nation’s capital, will argue his actions did not harm the man.
Jury began deliberations in Sean Dunn’s case on Wednesday, speaking about Dunn’s case for two hours, and are due back on Thursday.
The Washington, D.C., Attorney’s Office, headed by U.S. Attorney Jeanine Pirro, had vigorously pursued his prosecution. Pirro initially charged Dunn with a felony, but a grand jury refused to indict him. A jury did indict Dunn with misdemeanor assault.
Defense attorney Sabrina Shroff said his actions could not have harmed the officer.
“A footlong from Subway could not and certainly did not inflict any bodily harm,” Shroff said during the trial’s closing arguments. “Throwing a sandwich is not a forcible offense.”
She also said that the Border Patrol officer who was hit by the sandwich gave “very questionable testimony” when he claimed the submarine “exploded all over” his chest, and he claimed he could smell the mustard and onions.
The officer was wearing a bulletproof vest, which Shroff said “is definitely going to keep you safe from a sandwich thrown at you.”
But the prosecution countered that Dunn “crossed the line” when he tossed the sandwich and fled from the officer. He’s also alleged to have shouted at them, “Why are you here? I don’t want you in my city!”
“This is not a case about someone with strong opinions,” Assistant U.S. Attorney Michael DiLorenzo said. “It’s about an individual who crossed the line.”
There was little question about whether Dunn threw the sandwich. He was seen on a viral video tossing the sandwich and running away. On bodycam, Dunn said, “I did it. I threw a sandwich. I did it to draw them away from where they were. I succeeded.”
The officer’s colleagues later gave him gifts making light of the sandwich encounter, including a patch that said, “felony footlong.” Dunn’s defense attorneys took the instance as evidence the officer didn’t take the encounter seriously.
“If someone assaulted you, someone offended you, would you keep mementos of that assault?” Shroff asked jurors. “Of course not.”
His attorneys tried to get the case dropped for what they say is a selective prosecution after he was publicly arrested at his home in a raid despite efforts from Dunn to turn himself in. The arrest ended up costing him his job at the Justice Department.
TRIAL FOR ‘SANDWICH GUY’ PRESENTS TEST FOR JEANINE PIRRO FOLLOWING FEDERAL CASE SETBACKS
It’s unclear if Dunn’s case will wrap up on Thursday.
He’s charged with assaulting, resisting, opposing, impeding, intimidating, and interfering with a federal officer.