Federal prosecutors have charged the man accused of throwing a sandwich at a Customs and Border Patrol agent in Washington, D.C., earlier this month with a misdemeanor after a grand jury refused to indict him on a more serious felony assault charge on Wednesday, according to court records filed Thursday.
Sean Dunn has now been charged through a criminal information, which did not require sign-off by a D.C. grand jury.
Prosecutors failed to convince a grand jury to charge Dunn with a felony, sources familiar with the matter confirmed to ABC News on Wednesday.
The development was first reported by The New York Times.
MORE: Prosecutors fail to secure indictment against man accused of throwing sandwich at CBP agent: Sources
According to the earlier felony criminal complaint, Dunn approached the officer while shouting “f— you! You f—— fascists! Why are you here? I don’t want you in my city!”
After several minutes of confrontation, Dunn allegedly threw the sandwich, striking the officer in the chest, the complaint says.
The video of Dunn’s confrontation with the CBP agent went viral and provoked an all-out public relations blitz from the White House and Justice Department touting his arrest and the federal assault charge against him.
The White House went as far as releasing a video showing a cadre of heavily armed agents carrying out his arrest, despite his attorney saying he had previously offered to surrender willingly.
Attorney General Pam Bondi said that Dunn had been a Department of Justice employee but was fired after the incident.
The incident came amid heightened tensions over federal law enforcement presence in the District after President Donald Trump deployed federal law enforcement agents and National Guard troops to Washington declaring a public safety emergency and putting the Metropolitan Police Department under partial federal oversight.
Dunn’s attorney and the D.C. U.S. Attorney’s Office did not immediately respond to a request for comment from ABC News.
