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A former Department of Justice employee who prosecutors say threw a sandwich at a federal officer in Washington, D.C., has avoided indictment for felony assault, a person familiar with the matter told The Associated Press.

Sean Charles Dunn, 37, was allegedly caught on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets on Aug. 10.

Witnesses said Dunn yelled, "Why are you here? I don’t want you in my city!" while confronting the agents. At one point he was said to call an officer a "fascist."

He is then allegedly seen tossing his sub-style sandwich at one of the officers, whacking him in the chest before running off. Witnesses can be heard giggling as federal agents give

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