Federal prosecutors failed to convince a judge in Washington, D.C., on Tuesday to approve felony charges against a former Department of Justice employee, Shawn Charles Dan, who threw a subway sandwich at customs and border protection agents earlier this month.
The U.S. Attorney’s office led by Jeanine Pirro had assembled a panel following the incident, which occurred just three days before Dan was charged with felony assault for his actions.
Despite their efforts, the judge declined to authorize the indictment, as reported by The New York Times and NBC News, which cited sources familiar with the proceedings.
Dan has been scheduled to appear for a preliminary hearing on September 4th at 3 PM before DC Magistrate GM Harvey.
There’s no clarity yet on whether the prosecution might consider reducing the charges to simple assault or any lesser misdemeanors.
Typically, an indictment would need approval from the court within 30 days following an arrest.
Dan’s attorney, Sabrina Shroff, opted not to comment upon inquiry, and there was no immediate response from Pirro’s office regarding the matter.
A viral video showed Dan, who is 37, drunkenly confronting federal agents and yelling “fascist” before hurling his sandwich towards them. He shouted, “I don’t want you in my town!”
In the court documents, Dan later admitted, “I did it. I threw a sandwich.”
Cortez Dargin, a local who recorded the incident, related that Dan seemed agitated and feared for the safety of a car nearby, suggesting that he thought something might happen to it.
Dargin further remarked, “He was really drunk. Once he calms down and sees this video, he will surely think, ‘Oh my gosh.’”
Dunn was apprehended again during a raid involving multiple U.S. Marshals about a mile from the White House on August 13.
Pirro and Attorney General Pam Bondi made statements indicating that the authorities were prepared to take a serious stance against Dan.
Bondi emphasized on social media, “When you touch a law enforcement officer, we’ll come after you,” noting that Dan’s previous work for the Department of Justice was particularly problematic.
She added, “He was not only fired but also charged with a felony,” calling it a sign of the challenges faced in the DOJ. Dan previously worked as an international affairs specialist within the department, focusing on extradition and fugitive matters.
In a video, Pirro commented, “He thought it was funny. Well, we charged him with a felony, so he doesn’t think it’s funny today: that’s an attack on police officers.”
This incident isn’t the first of its kind involving federal officers since President Trump took office in January.
In May, another individual, Emily Gabriella Somer, was charged after spitting at former acting U.S. Attorney Ed Martin during a live television interview. She has since pleaded guilty to multiple counts related to that incident and is scheduled for sentencing on October 10th.
As reported earlier this week, Trump’s administration has increased federal law enforcement presence in Washington D.C., resulting in over 1,000 arrests, with at least 850 agents deployed so far.
