WASHINGTON – Call him the Hoagie Hoister, the Prosciutto Pitcher, the Pastrami Perp or any of the other nicknames for the now infamous guy arrested here for throwing a sub sandwich at a federal officer.

Just don’t say Sean Charles Dunn is facing a felony charge.

That much became clear when federal prosecutors failed to convince a grand jury to hand up felony charges against Dunn, the man authorities say is pictured on video throwing a sub sandwich at a federal agent in the nation’s capital amid the president's federal crackdown on crime, according to news reports.

The U.S. Attorney’s Office in the District of Columbia sought to charge Dunn with felony assault after he allegedly threw the wrapped sandwich at a Customs and Border Patrol agent during an Aug. 10 confrontation. The New York Times and Associated Press reported on Aug. 27 that the grand jury in DC voted against returning an indictment.

The video of the incident – and of a group of federal agents chasing Dunn – went viral and became a global symbol of President Donald Trump’s federal campaign against crime in the District of Columbia. After his arrest, the Justice Department fired Dunn from his job as an international affairs specialist in the department’s criminal division.

A lawyer for Dunn, Sabrina Schoff, had no immediate comment, telling USA TODAY she was in court and had not been informed about the grand jury denial.

The Justice Department did not respond immediately to a request for comment and a spokesman for the Washington U.S. Attorney’s Office had no comment.

The grand jury's reported action − officially known as a "no bill" − isn't the only time DC residents and judges have pushed back on Trump's attempted takeover of some aspects of DC government.

Trump declared a crime emergency earlier in August, and his administration deployed federal law enforcement agencies and National Guard members to the District, giving them unprecedented authority to patrol its streets while also commandeering the Metropolitan Police force.

That effort has led to more than 1,000 arrests, according to the White House's latest tally.

Jeanine Pirro, Trump's appointed top federal prosecutor for DC, has ordered her staff "to charge the highest crime that is supported by the law and the evidence," Pirro spokesman Timothy Lauer said in a statement.

“In line with President Trump’s directive to make DC safe," Lauer said, "U.S. Attorney Pirro has made it clear that the old way of doing things is unacceptable.”

But at least one other DC federal grand jury has refused − three times − to indict a woman accused of assaulting an FBI agent, according to The Washington Post. It also reported Aug. 27 that a DC magistrate said another arrest in the northeast of the city followed the "most illegal search I’ve seen in my life."

Felony charge in sub case 'beggars belief'

Grand juries are historically important institutions that allow civilians serving as jurors to protect citizens from abusive prosecutorial practices.

But because they are guided and run by prosecutors, it is extremely unusual for jurors to refuse to issue the indictments requested, said Anthony Michael Kreis, a constitutional law professor and political scientist at Georgia State University College of Law.

“That’s why lawyers often quip that you can indict ‘a ham sandwich,’ but apparently not in Washington, DC – or at least for sandwich throwing,” Kreis told USA TODAY. “The prosecutors overcharged here because the idea that a sandwich could pose a serious threat of bodily harm to warrant a felony charge beggars belief.”

The upshot, Kreis said, is that the grand jury system worked: “It shows DC jurors are not going to roll over for the Trump Administration. They’re going to perform their historical role as protectors of the public from overzealous prosecutions.”

'I don’t want you in my city!'

The altercation came as hundreds of officers from multiple agencies began patrolling the streets, especially in tourist areas.

Dunn allegedly approached the federal agent, identified as Customs and Border Patrol Agent Gregory Lairmore, at about 11 p.m. on Aug. 10, according to a criminal complaint reviewed by USA TODAY.

"Why are you here? I don’t want you in my city!" Dunn yelled at the officer, according to the criminal complaint. He also swore and called officers "fascists," the complaint said.

He then threw a sub-style sandwich at the officer's chest, the complaint said. Videos of the incident shared to social media show a man in a pink shirt and shorts yelling at officers. He then throws the sandwich and runs away as the officers chase him. Photos show the incident happened in front of a Subway sandwich shop.

DC backing the police 'to the hilt'

Afterward, Attorney General Pam Bondi posted on social media that Dunn had been working at the Justice Department: "NO LONGER. Not only is he FIRED, he has been charged with a felony."

"You will NOT work in this administration while disrespecting our government and law enforcement," Bondi said.

Dunn was charged with one count of assaulting, resisting or impeding certain officers and employees of the United States, the criminal complaint said.

"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," Pirro said at the time. "And we're going to back the police to the hilt."

"So there, stick your Subway sandwich somewhere else," Pirro said.

On Aug. 26, Trump said that his administration would pursue the death penalty for anyone convicted of murder in the nation's capital, a vow that will likely ratchet up the already heated national debate about capital punishment.

Contributing: Jeanine Santucci

This article originally appeared on USA TODAY: Maybe you can't indict a ham sandwich? What happened with DC man who threw a sub at feds

Reporting by Josh Meyer, USA TODAY / USA TODAY

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