Justice for Sandwich Guy

Not even a misdemeanor.

” Subway Chicken Teriyaki” by Like_the_Grand_Canyon is licensed under CC BY-NC 2.0

Via NBC News: Jury acquits D.C. ‘sandwich guy’ charged with chucking a sub at a federal agent.

 Jurors showed no appetite for the Justice Department’s case against “sandwich guy,” the D.C. resident who chucked a Subway sandwich at the chest of a federal officer, finding him not guilty Thursday after several hours of deliberations.

[…]

Border Patrol Officer Greg Lairmore received two “gag gifts” related to the incident — a plush sandwich and a patch featuring a cartoon of Dunn throwing the sandwich with the words “Felony Footlong” — which the defense team argued showed this was not a serious event in his life.

Lairmore had testified that the sandwich “exploded all over” his chest and claimed he could smell mustard and onions. But a photo showed that the sandwich was still in its wrapper on the ground after it hit Lairmore in his bulletproof vest.

Yes, the horror of it all.

Calling this “assault” is patently ridiculous.

Look, as a general matter, I do not condone throwing anything at law enforcement, and it was likely an ill-advised move by Dean (the “Sandwich Guy”) as it led to him losing his federal job.

But, by the same token, prosecutorial discretion is supposed to be a thing. The initial attempt to charge him with a felony was rejected by a grand jury, and I have little doubt that part of what is going on here is the jury sending a signal that this was not worth anyone’s time.

File this as a small victory against attempts to intimidate the public.

FILED UNDER: Crime, Democracy, Law and the Courts, US Politics, ,
Steven L. Taylor
About Steven L. Taylor
Steven L. Taylor is a Professor Emeritus of Political Science and former College of Arts and Sciences Dean. His main areas of expertise include parties, elections, and the institutional design of democracies. His most recent book is the co-authored A Different Democracy: American Government in a 31-Country Perspective. He earned his Ph.D. from the University of Texas and his BA from the University of California, Irvine. He has been blogging since 2003 (originally at the now defunct Poliblog). Follow Steven on Twitter and/or BlueSky.

Comments

  1. JohnSF says:

    Is this an approriate time for a rye comment?
    Or would that be sub-versive?

    As for weaponized sandwiches:
    “I joined the legion to baguette!”
    🙂

    13
  2. Michael Reynolds says:

    @JohnSF:
    You know, if you’re in the US we can still sic ICE on you.

    1
  3. Kathy says:

    So, will they now indict officer Lairmore for perjury?

    17
  4. Kurtz says:

    @Kathy:

    This.

    They should. They will not.

    4
  5. Michael Reynolds says:

    @Kathy:
    Pfff. No. OTOH, any time in the future he gets on the stand, this will be brought up.

    5
  6. Daryl says:

    Judge Judy sure is proving her bunafides.

    3
  7. Jay L. Gischer says:

    If the sandwich had been made of dwarf bread (a la Terry Pratchett) it might well have claim to be a deadly weapon.

    Possibly, too if it were made of European fighting bread. (I am assured by commenters at LGM that this is a thing. At least, it is now.)

    1
  8. Kathy says:

    I wonder if the wingnuts are already losing it all over social media, calling it jury nullification and demanding the death penalty for nullifying a jury.

    Especially since it wasn’t jury nullification. At most, it was jury LOLification.

    15
  9. Ken_L says:

    It’s shocking to read people treating this manifest lawless violence as a laughing matter. Every time they burn down another American city, Antifa terrorists have been given the green light to load up with deadly Mexicali and Italian B.M.T. sandwiches to intimidate brave law enforcement officers. And of course Subway sandwiches will only be the start. Expect diabetic ICE agents to be bombarded with Krispy Kreme donuts while their gluten-intolerant colleagues cringe under showers of bagels and pretzels.

    13
  10. Ken_L says:

    @Kathy: Here’s one of the most upvoted comments at the New York Post with its first reply:

    OkieInTX
    3 hours ago

    Insanity. It was clearly assault. Admittedly, assault with a sandwich is rather ineffective. Never the less, it is still assault.
    Reply 369

    Phil Osophies
    2 hours ago

    A DC jury… they might as well of just tried him on The View.
    Reply 269

    2
  11. Kathy says:

    @Ken_L:

    In all seriousness, does anyone thing an ICE thug or Border Patrol brute will flee in terror if an immigrant threatens them with a sandwich?

    If they do, I would gladly contribute a half ton of grilled cheese to the cause.

  12. Kingdaddy says:

    In his defense, Dean said, “I ham what I ham.”

    And to think they wanted to throw him in prison and salami the door shut behind him. Mayo we never see prosecutorial frivolousness again. But we know that muensters like these are easily cheesed off.

    [Apologies for the rye humor.]

    13
  13. Rob1 says:

    The right has “based stickman” and the left has “sandwich guy?”

    So typical of liberals to bring a submarine sandwich to a stickman fight.

    4
  14. Rob1 says:

    @Kingdaddy: The DOJ hoped the judge would throw the menu at him, but the jury showed him the door.

    2