(WASHINGTON) — Prosecutors failed to secure an indictment against the man accused of throwing a sandwich at a Customs and Border Patrol agent in Washington, D.C., sources familiar with the matter confirmed to ABC News on Wednesday.

It’s not immediately clear whether prosecutors with the D.C. U.S. Attorney’s Office would make another attempt at seeking a felony assault indictment against Sean Dunn.

The development was first reported by The New York Times.

Prosecutors similarly failed to convince a federal grand jury in D.C. to indict a woman, Sidney Reid, accused by the government of assaulting and FBI agent during an inmate swap with ICE, despite three separate attempts.

The D.C. U.S. Attorney’s Office instead moved this week to charge the woman with a misdemeanor which wou

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