(WASHINGTON) — The man accused of throwing a sandwich at a U.S. Customs and Border Patrol agent in Washington, D.C., waived his right to testify in court Wednesday, ahead of closing arguments in his ongoing misdemeanor assault case.

Sean Charles Dunn, a former Department of Justice staffer, was charged with a misdemeanor after a grand jury failed to indict him on a more serious felony assault charge.

Both sides are expected to deliver closing arguments later today in the case that first went viral during the federal surge of law enforcement in D.C.

Dunn was caught on camera throwing a Subway sandwich at a Border Patrol agent in August.

According to the earlier felony criminal complaint, Dunn allegedly approached the officer while shouting “f— you! You f—— fascists! Why are you here? I

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