Sean Charles Dunn, a paralegal at the Department of Justice, got acquitted in early November for throwing a Subway sandwich at a federal agent during what he thought was an ICE raid.
He was threatened with a felony charge, but the grand jury refused to indict, so prosecutors pursued his case as a misdemeanor. He lost his job in the interim but was ultimately acquitted at trial. Apparently, DC jurors did not believe that a Subway sandwich, no matter how intentionally lobbed at an agent, constituted assault.
Spitting, however, because of the visceral element and the possibility of disease transmission, is a whole different animal. Special laws have been enacted that penalize spitting as a felony whether it reaches the other person’s skin or not.
I learned this firsthand when a close friend of my son was arrested during the June 2025 No Kings rally in Los Angeles.
Angus — a 24 -year-old college grad, a musician and set assistant in L.A., with no criminal record and as far from an “Antifa” agitator as a monk — went to the protest with my son. It was festive, full of marchers, picnickers, grandmas and kids, funny signs and costumes. But when phalanxes of Los Angeles national guards in heavy armor accompanied by other federal law enforcement and LAPD moved in to order the crowd to disperse, things changed.
They shouted through bullhorns and fired rubbers bullets, some of which ripped through protest signs even though it was daylight and the allotted protest time had not expired. Some in the crowd stood their ground as law enforcement closed in with shields, batons, and other riot gear.
As they approached Angus, he did something stupid. He spat at them — something he’ll regret for the rest of his life. A hunk of phlegm landed on an officer’s shoe and face shield.
Within moments, Angus was dog-piled by a group of soldiers, disappearing beneath the scrum of heavily armed men. He didn’t reappear for four days. He had been in federal custody, not allowed to call friends or family who, naturally, were frantic. He described this as the hardest time of his ordeal, not knowing what he was being charged with or when he’d see a judge.
He finally saw a federal magistrate and learned that federal prosecutors were charging him with felony assault — a crime that carries the possibility of eight years. As U.S. Attorney Pam Bondi told Fox News, “You can run, but you can’t hide. We are coming after you federally. If you assault a police officer, if you rob a store, if you loot, if you spit on a police officer, we are coming after you.”
Two days after being arraigned, prosecutors gave Angus an ultimatum: plead guilty to a misdemeanor, or they’d indict. The plea bargain compelled Angus to serve four months in federal prison. That’s a lot of time for a guy exercising his First Amendment rights, albeit a little too enthusiastically.
Ironically, he had to make his decision around the time of July 4th, a day that celebrates America’s freedom from tyrannical governments.
Being convicted of a federal crime carries long-term consequences. There is none of the expungement or sealing of records which can happen in state courts. Whatever crime is pleaded to, the person carries the rest of their lives.
Angus was released from jail and mulled over options with his attorney, friends, and family. Most found that compelling four months in jail for spitting during a protest rally was outrageous. But what choice did he have? Could he risk being indicted? Although a Washington, D.C., grand jury refused to indict the sandwich man, that was no guarantee they’d do the same in L.A.
There was no doubt that Angus spit, and federal law is clear — if done intentionally against a federal officer, that’s a crime even if no harm ensues.
Having a felony record does a lot more damage than a misdemeanor. It prevents the person from getting certain jobs, bank loans, housing, and even travelling to certain countries.
Angus and his attorney looked at all the angles. The spitting was not on video. The officer exaggerated what had happened and claimed some landed on his skin in spite of his face visor and shield. However, the possibility of ending up with a felony conviction and being sentenced to more than four months was high a risk to run.
A lot of cases turn on a dime — the political winds of the time; the direction of higher-ups in the prosecution offices; the political whims of the Department of Justice. Ultimately, it comes down to a cost benefit analysis, how much risk a person is willing to handle. Maybe the prosecution would not have indicted. Maybe it was a bluff. Maybe, even if they did, Angus would have been indicted only for a misdemeanor, or maybe he wouldn’t have been found guilty after trial. But with the stern rhetoric of the Justice Department backed by the vociferousness of the U.S. president himself, Angus ultimately decided it was a risk he couldn’t take.
Angus’ parents, two research scientists from Washington State, got involved. They called his federal public defender to intercede. She then spoke to her supervisor, who then spoke to the head of the prosecutor’s office. Character letters streamed in about Angus’s good nature, talents, and peacefulness.
It helped the needle budge incrementally. The prosecution still insisted Angus serve jail time on a misdemeanor plea, but instead of four months, they agreed to leave it up to a judge to determine what amount of time was warranted. But, they said, it had to be at least two weeks and could still be as much as four months.
Angus accepted the plea deal.
While this wasn’t a total victory, it saved him a felony conviction and left the possibility that his jail sentence would be less than four months.
Angus had to report to federal probation during the pendency of his case. He couldn’t go within a certain distance of federal buildings. He had to get permission to travel out of the district.
Finally, the day came when the judge pronounced sentence. At least 20 well-wishers, friends, and family filled the courtroom. In the six months since the time of the crime, the political climate in the U.S. had shifted. Trump’s popularity was on the decline; a D.C. jury found the Subway sandwich defendant not guilty of even a misdemeanor. It appeared reason was taking hold over intimidation.
The judge commented how in all his years on the bench he’d never see the prosecution ask for jail time for a young man with no criminal record who spit during a protest rally. He did, however, reiterate that it was against the law and should not be done ever again.
Angus thought he might not have to do any time at all, but that was a misreading of the plea agreement. No matter how sympathetic the judge, he had to give him a minimum of two weeks in federal prison. And that’s what Angus got — two weeks.
He’ll turn himself in to start the sentence in January. Undoubtedly, the conviction will impact Angus’s future. He’ll never shake himself loose from it.
One thing is for certain — he’ll never spit at law enforcement again. But how it will impact his and his friends’ interest in standing up for what they believe in, taking part in rallies, and making their voices heard, remains to be seen.
Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter: @tonitamess.
The post How Bad Is It To Spit At Law Enforcement? Very Bad, It Turns Out. appeared first on Above the Law.