A former Department of Justice employee who prosecutors say threw a sandwich at a federal officer in Washington, D.C., has avoided indictment for felony assault, a person familiar with the matter told The Associated Press.

Sean Charles Dunn, 37, was allegedly caught on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets on Aug. 10. 

Witnesses said Dunn yelled, “Why are you here? I don’t want you in my city!” while confronting the agents. At one point he was said to call an officer a “fascist.”

He is then allegedly seen tossing his sub-style sandwich at one of the officers, whacking him in the chest before running off. Witnesses can be heard giggling as federal agents give chase, the viral video showed.

Sean Charles Dunn is accused of tossing a Subway sandwich at a federal agent in Washington, D.C. (U.S. District Court for the District of Columbia)

He was chased down, arrested, and later fired from his DOJ position.

On Tuesday, prosecutors from the office of U.S. Attorney for D.C. Jeanine Pirro asked a federal grand jury to indict Dunn for felony assault of a federal officer. 

But, as the New York Times first reported, the grand jury voted against returning an indictment.

 U.S. Attorney for D.C. Jeanine Pirro has vowed to be tough on crime. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

Pirro, who has vowed to aggressively pursue cases under President Trump’s anti-crime push in Washington, posted a video after the incident, saying: “He thought it was funny. Well, he doesn’t think it’s funny today, because we charged him with felony assault on a police officer, and we’re going to back the police to the hilt. So there. Stick your Subway sandwich somewhere else.”

Dunn allegedly lobbed the Subway sandwich at the officer as President Trump’s law-and-order initiative in the capital got underway.

Armed National Guard members patrol near the U.S. Capitol as security tightens following President Trump’s deployment order. (Getty Images/Tasos Katopodis)

This included National Guard deployments and expanded federal law enforcement presence. According to the White House, the crackdown has resulted in more than 1,000 arrests to date.

It’s unclear if prosecutors will try to indict Dunn on lesser charges.

Fox News Digital has reached out to the Department of Justice for comment.