A federal grand jury has refused to indict folk hero Sean Charles Dunn on a felony assault charge for allegedly throwing a sandwich at a U.S. Customs and Border Protection officer in Washington, D.C. on August 10.

Video captured a man, allegedly Dunn, throwing a sandwich at an officer and then fleeing the scene on foot.

“Fuck you! You fucking facists!” he yelled before throwing the sandwich, according to the complaint . “Why are you here? I don’t want you in my city!”

The complaint says Dunn confessed to police, saying, “I did it. I threw a sandwich.”

The New York Times reported that , according to “two people familiar with the matter,” the grand jury refused to indict Dunn on Tuesday in what the paper called “a remarkable failure by the U.S. attorney’s office in Washington.”

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