A grand jury on Tuesday reportedly refused to hand down a felony indictment against Sean Dunn, a former paralegal at the United States Department of Justice who hurled a sandwich at a Customs and Border Protection officer earlier this month.

Two sources have told The New York Times that federal prosecutors came up empty in their first attempt to get a grand jury to charge Dunn with felony assault against a federal officer, a crime that carries a maximum sentence of eight years in prison.

The New York Times described this development as a "remarkable failure" and "a sharp rebuke by ordinary citizens against the team of prosecutors who are dealing with the fallout from President Trump's move to send National Guard troops and federal agents into the city on patrol."

Video of Dunn

See Full Page