# Sandwich thrower found not guilty of assault **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [November 7, 2025, 7:19am UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657 "2025-11-07T07:19:30Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [November 7, 2025, 7:19am UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/1 "2025-11-07T07:19:30Z")
In late, midnight reading, _good news_… [Man who flung footlong at Feds](https://www.npr.org/2025/11/06/nx-s1-5600772/trump-justice-federal-surge-subway-sandwich) found “not guilty” of assault. The first charge, filed as a felony was not vinegar-ous enough of a charge to carry an indictment. It was later resubmitted as a misdemeanor, leaving the defendant in a pickle. When asked about the whole thing, Dunn was quoted as saying, “For the prosecution to re-file charges was just plain vindictive, and honestly, one cold cut …” Tripler No need to ketchup on the news, its all right here. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [November 7, 2025, 7:42am UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/2 "2025-11-07T07:42:51Z")
It is incredible how low journalism standards have fallen. There is no mention of what the felonious sandwich was. Honey Mustard BBQ combo perhaps. It sounds shady. ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [November 7, 2025, 7:51am UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/3 "2025-11-07T07:51:28Z")
The gyro we all need today. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [November 7, 2025, 2:39pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/4 "2025-11-07T14:39:46Z")
If only there were Subway to decide whether this was a good case to prosecute. ---
**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\ **Post date:** [November 7, 2025, 3:20pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/5 "2025-11-07T15:20:09Z")
Lettuce all rejoice that justice was done! ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [November 7, 2025, 3:34pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/6 "2025-11-07T15:34:26Z")
I’m torn on the verdict. It was still assault … if you throw a cup of water on me you have legally assaulted me … so why wasn’t this assault? It was against an ICE agent so F the Gestapo? It didn’t cause physical harm? It didn’t cause fear in the agent? Subway sandwiches suck? ---
**Author:** ![We\_re\_wolves\_not\_werewolves](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)\ **Post date:** [November 7, 2025, 3:38pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/7 "2025-11-07T15:38:04Z")
> [@Saint\_Cad](#): > > I’m torn on the verdict. It was still assault … if you throw a cup of water on me you have legally assaulted me … so why wasn’t this assault? It probably did technically meet the definition of assault, but the jury made the rightful determination this was too ludicrous to convict, regardless of the actual law. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [November 7, 2025, 3:38pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/8 "2025-11-07T15:38:46Z")
> [@Saint\_Cad](#): > > … if you throw a cup of water on me you have legally assaulted me … so why wasn’t this assault? If you throw a cup of water at someone and they see you doing it that’s assault whether or not the water hits, but if the water hits them without them having been made afraid of it happening first, for example if you throw the cup of water from behind or while they are asleep, that’s _battery_. > [@We\_re\_wolves\_not\_werewolves](#): > > It probably did technically meet the definition of assault, but the jury made the rightful determination this was too ludicrous to convict, regardless of the actual law This is obviously more applicable than my nitpick above and the real reason the charges failed. ---
**Author:** ![We\_re\_wolves\_not\_werewolves](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)\ **Post date:** [November 7, 2025, 3:41pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/9 "2025-11-07T15:41:38Z")
> [@Babale](#): > > If you throw a cup of water at someone and they see you doing it that’s assault whether or not the water hits, but if the water hits them without them having been made afraid of it happening first, for example if you throw the cup of water from behind or while they are asleep, that’s _battery_. while historically this has been a distinction, many jurisdictions have merged the two into a single offense ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [November 7, 2025, 3:46pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/10 "2025-11-07T15:46:41Z")
> [@We\_re\_wolves\_not\_werewolves](#): > > while historically this has been a distinction, many jurisdictions have merged the two into a single offense. (Added a period so Discourse won’t clip the quote) Fair enough, they are still split here in California but I have no idea what the status is in DC ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [November 7, 2025, 3:47pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/11 "2025-11-07T15:47:10Z")
The jury members were heroes. I understand that the case went awry when it was shown that the sub did not explode as was alleged and that only a bit of onion wound up on the cop’s badge. ---
**Author:** ![Chessic\_Sense](https://avatars.discourse-cdn.com/v4/letter/c/7c8e57/32.png) [@Chessic\_Sense](https://boards.straightdope.com/u/Chessic_Sense)\ **Post date:** [November 7, 2025, 3:50pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/12 "2025-11-07T15:50:21Z")
> [@don\_t\_ask](#): > > here is no mention of what the felonious sandwich was. I don’t know, but clearly the guy wished it had extra pig. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [November 7, 2025, 3:55pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/13 "2025-11-07T15:55:01Z")
> [@Saint\_Cad](#): > > It was against an ICE agent so F the Gestapo? This. It was an excellent use of jury nullification by the people of DC. Whatcha know a check and/or balance in the US system actually works as a check on tryanny. It’s a small win but I’ll take it ---
**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\ **Post date:** [November 7, 2025, 4:03pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/14 "2025-11-07T16:03:38Z")
> [@BobLibDem](#): > > The jury members were heroes. I understand that _the case went awry_ when it was shown that the sub did not explode as was alleged and that only a bit of onion wound up on the cop’s badge. Or more appropriately for this thread, “the case went a rye”. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [November 7, 2025, 4:22pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/15 "2025-11-07T16:22:53Z")
> [@Babale](#): > > for example if you throw the cup of water from behind or while they are asleep, that’s _battery_. & if it’s charged water then it’s hydroelectric battery 🙃 ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [November 7, 2025, 4:46pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/16 "2025-11-07T16:46:58Z")
The use of awry was intentional. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [November 7, 2025, 4:47pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/17 "2025-11-07T16:47:29Z")
> [@Nars\_Glinley](#): > > Or more appropriately for this thread, “the case went a rye”. If I had a pumpernickel for every pun in this thread… ---
**Author:** ![markn\_1](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@markn\_1](https://boards.straightdope.com/u/markn_1)\ **Post date:** [November 7, 2025, 5:00pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/18 "2025-11-07T17:00:03Z")
I don’t think this was jury nullification. According to [Kevin Underhill](https://www.loweringthebar.net/2025/11/jury-deliberates-in-sandwich-assault-case.html), Dunn was charged with violating [18 U.S.C. § 111(a)(1)](https://www.law.cornell.edu/uscode/text/18/111), which says that anyone who “forcibly assaults, resists, opposes, impedes, intimidates, or interferes with” a federal officer is committing a crime. The issue apparently revolved around whether the sandwich assault was “forcible”. The defense argued “A footlong from Subway could not and certainly did not inflict any bodily harm. Throwing a sandwich is not a _forcible_ offense.” The jury apparently agreed. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [November 7, 2025, 5:10pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/19 "2025-11-07T17:10:00Z")
> [@griffin1977](#): > > This. It was an excellent use of jury nullification by the people of DC. Not a surprise coming from you, you said as much 3.5 years ago. > [@What crimes would you personally use your jury nullification power on?](https://boards.straightdope.com/t/what-crimes-would-you-personally-use-your-jury-nullification-power-on/1015953/17): > > Any act of protest against the current regime, that doesn’t involve violence against people, gets a pass (dickhead wannabe revolutionaries carrying trying to off people who are “enemies of the people” are going to do more to harm than good, plus half of them are probably working for the feds). ---
**Author:** ![Thing.Fish](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thing.fish/32/9168_2.png) [@Thing.Fish](https://boards.straightdope.com/u/Thing.Fish)\ **Post date:** [November 7, 2025, 5:18pm UTC](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657/20 "2025-11-07T17:18:13Z")
I think Underhill’s analysis is basically correct: _The report says Dunn was charged with “assaulting, resisting, opposing, impeding, intimidating, and interfering with a federal officer,” which probably means a violation of [18 U.S.C. § 111(a)(1)](https://www.law.cornell.edu/uscode/text/18/111). Under the statute, those things have to be done “forcibly.” Probably that is only meant to exclude acts that don’t involve physical contact, like insults, although they have repeatedly and unconstitutionally arrested people for that too. But that adverb might give a sympathetic jury an excuse to find that a sandwich assault against someone in military gear is not all that “forcible.”_ It’s not a completely ridiculous argument, but it’s fair to say you’re going to need a sympathetic jury to win with it. [Next page](https://boards.straightdope.com/t/sandwich-thrower-found-not-guilty-of-assault/1024657.md?page=2)