(The Hill) Federal prosecutors failed to secure a felony indictment against a former Justice Department (DOJ) employee accused of throwing a sandwich at a federal law enforcement official in Washington amid President Trump’s police takeover, according to multiple news outlets. 

Sean Charles Dunn, 37, was charged with a felony in mid-August after allegedly throwing a Subway sandwich at a Customs and Border Protection agent. 

The incident was recorded by onlookers and shared on social media. Dunn was fired from his role at the DOJ after the footage went viral.

“Why are you here? I don’t want you in my city!” Dunn reportedly yelled at officers near the corner of 14th and U streets.

After hurling the sandwich at law enforcement, the man tried to run away but was chased by police. Dunn was later charged with assaulting, resisting, or impeding officers or employees. 

The failure to obtain the indictment comes as Trump has amped up his federalization of Washington’s police department in recent days and deployed National Guard troops to patrol the district. So far, law enforcement has made over 1,000 arrests amid the crackdown, according to the White House.

It is not clear if prosecutors are going to try to push for an indictment against Dunn or if they will refile his case as a misdemeanor. 

Dunn is slated to appear in Federal District Court in Washington next week for a preliminary hearing, according to The New York Times, which first reported on the failure to secure an indictment.