cross-posted from: https://sh.itjust.works/post/49262051
Customs and Border Patrol agent Gregory Lairmore told the jury the snack “exploded all over him” and he “could smell the onions and mustard” on his uniform.
Neither side disputes that Sean Dunn, 37, did in fact lob obscenities and a deli-style sandwich at officers deployed by President Donald Trump to patrol the nation’s capital in August. But Mr Dunn’s lawyer argues it was not a criminal act.
The incident was captured on video and went viral, making Mr Dunn a symbol of opposition in Washington DC to Trump.
Government prosecutors initially tried to secure felony charges against Mr Dunn, but a grand jury declined to indict him. Prosecutors have instead charged him with a lower-level misdemeanour assault.
They don’t have to. Here are model jury instructions for the charge, which include:
Notably, there’s no requirement that a weapon is used or physical injury is caused. Reading the statute, the fact that there was physical contact elevates it to a felony even without a weapon or injury, but it isn’t charged as a felony here because the grand jury refused to indict.
I hope that the jury finds him not guilty, but if they do it’s jury nullification, not that his actions didn’t technically violate the statute.