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.\u00a0<\/p>\n
He was threatened with a felony charge, but the grand jury refused to indict, so prosecutors pursued his case as a misdemeanor.\u00a0 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.<\/p>\n
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\u2019s skin or not.<\/p>\n
I learned this firsthand when a close friend of my son was arrested during the June 2025 No Kings rally in Los Angeles.<\/p>\n
Angus \u2014 a 24 -year-old college grad, a musician and set assistant in L.A., with no criminal record and as far from an \u201cAntifa\u201d agitator as a monk \u2014 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.<\/p>\n
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.<\/p>\n
As they approached Angus, he did something stupid. He spat at them \u2014 something he\u2019ll regret for the rest of his life. A hunk of phlegm landed on an officer\u2019s shoe and face shield.<\/p>\n
Within moments, Angus was dog-piled by a group of soldiers, disappearing beneath the scrum of heavily armed men. He didn\u2019t reappear for four days. He had been in federal custody, not allowed to call friends or family who, naturally, were frantic. \u00a0He described this as the hardest time of his ordeal, not knowing what he was being charged with or when he\u2019d see a judge.<\/p>\n
He finally saw a federal magistrate and learned that federal prosecutors were charging him with felony assault \u2014 a crime that carries the possibility of eight years. As U.S. Attorney Pam Bondi told Fox News, \u201cYou can run, but you can\u2019t 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.\u201d\u00a0<\/p>\n
Two days after being arraigned, prosecutors gave Angus an ultimatum: plead guilty to a misdemeanor, or they\u2019d indict. The plea bargain compelled Angus to serve four months in federal prison. That\u2019s a lot of time for a guy exercising his First Amendment rights, albeit a little too enthusiastically.<\/p>\n
Ironically, he had to make his decision around the time of July 4th<\/sup>, a day that celebrates America\u2019s freedom from tyrannical governments.\u00a0<\/p>\n 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.\u00a0<\/p>\n 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.\u00a0 But what choice did he have? Could he risk being indicted? \u00a0Although a Washington, D.C., grand jury refused to indict the sandwich man, that was no guarantee they\u2019d do the same in L.A.\u00a0<\/p>\n There was no doubt that Angus spit, and federal law is clear \u2014 if done intentionally against a federal officer, that\u2019s a crime even if no harm ensues.<\/p>\n 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.<\/p>\n 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.<\/p>\n A lot of cases turn on a dime \u2014 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<\/em> 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\u2019t 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\u2019t take.<\/p>\n Angus\u2019 parents, two research scientists from Washington State, got involved. They called his \u00a0federal public defender to intercede. She then spoke to her supervisor, who then spoke to the head of the prosecutor\u2019s office. Character letters streamed in about Angus\u2019s good nature, talents, and peacefulness.<\/p>\n 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.<\/p>\n Angus accepted the plea deal.<\/p>\n While this wasn\u2019t a total victory, it saved him a felony conviction and left the possibility that his jail sentence would be less than four months.<\/p>\n Angus had to report to federal probation during the pendency of his case. He couldn\u2019t go within a certain distance of federal buildings. He had to get permission to travel out of the district.<\/p>\n 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\u2019s 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.<\/p>\n The judge commented how in all his years on the bench he\u2019d 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.<\/p>\n 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\u2019s what Angus got \u2014 two weeks.<\/p>\n He\u2019ll turn himself in to start the sentence in January. Undoubtedly, the conviction will impact Angus\u2019s future. He\u2019ll never shake himself loose from it.<\/p>\n One thing is for certain \u2014 he\u2019ll never spit at law enforcement again. But how it will impact his and his friends\u2019 interest in standing up for what they believe in, taking part in rallies, and making their voices heard, remains to be seen.<\/p>\n Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter:\u00a0<\/strong><\/em>@tonitamess<\/em><\/strong><\/a>.<\/strong><\/em><\/p>\n The post How Bad Is It To Spit At Law Enforcement? Very Bad, It Turns Out.<\/a> appeared first on Above the Law<\/a>.<\/p>\n 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.\u00a0<\/p>\n He was threatened with a felony charge, but the grand jury refused to indict, so prosecutors pursued his case as a misdemeanor.\u00a0 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.<\/p>\n 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\u2019s skin or not.<\/p>\n I learned this firsthand when a close friend of my son was arrested during the June 2025 No Kings rally in Los Angeles.<\/p>\n Angus \u2014 a 24 -year-old college grad, a musician and set assistant in L.A., with no criminal record and as far from an \u201cAntifa\u201d agitator as a monk \u2014 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.<\/p>\n 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.<\/p>\n As they approached Angus, he did something stupid. He spat at them \u2014 something he\u2019ll regret for the rest of his life. A hunk of phlegm landed on an officer\u2019s shoe and face shield.<\/p>\n Within moments, Angus was dog-piled by a group of soldiers, disappearing beneath the scrum of heavily armed men. He didn\u2019t reappear for four days. He had been in federal custody, not allowed to call friends or family who, naturally, were frantic. \u00a0He described this as the hardest time of his ordeal, not knowing what he was being charged with or when he\u2019d see a judge.<\/p>\n He finally saw a federal magistrate and learned that federal prosecutors were charging him with felony assault \u2014 a crime that carries the possibility of eight years. As U.S. Attorney Pam Bondi told Fox News, \u201cYou can run, but you can\u2019t 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.\u201d\u00a0<\/p>\n Two days after being arraigned, prosecutors gave Angus an ultimatum: plead guilty to a misdemeanor, or they\u2019d indict. The plea bargain compelled Angus to serve four months in federal prison. That\u2019s a lot of time for a guy exercising his First Amendment rights, albeit a little too enthusiastically.<\/p>\n Ironically, he had to make his decision around the time of July 4th<\/sup>, a day that celebrates America\u2019s freedom from tyrannical governments.\u00a0<\/p>\n 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.\u00a0<\/p>\n 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.\u00a0 But what choice did he have? Could he risk being indicted? \u00a0Although a Washington, D.C., grand jury refused to indict the sandwich man, that was no guarantee they\u2019d do the same in L.A.\u00a0<\/p>\n There was no doubt that Angus spit, and federal law is clear \u2014 if done intentionally against a federal officer, that\u2019s a crime even if no harm ensues.<\/p>\n 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.<\/p>\n 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.<\/p>\n A lot of cases turn on a dime \u2014 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<\/em> 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\u2019t 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\u2019t take.<\/p>\n Angus\u2019 parents, two research scientists from Washington State, got involved. They called his \u00a0federal public defender to intercede. She then spoke to her supervisor, who then spoke to the head of the prosecutor\u2019s office. Character letters streamed in about Angus\u2019s good nature, talents, and peacefulness.<\/p>\n 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.<\/p>\n Angus accepted the plea deal.<\/p>\n While this wasn\u2019t a total victory, it saved him a felony conviction and left the possibility that his jail sentence would be less than four months.<\/p>\n Angus had to report to federal probation during the pendency of his case. He couldn\u2019t go within a certain distance of federal buildings. He had to get permission to travel out of the district.<\/p>\n 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\u2019s 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.<\/p>\n The judge commented how in all his years on the bench he\u2019d 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.<\/p>\n 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\u2019s what Angus got \u2014 two weeks.<\/p>\n He\u2019ll turn himself in to start the sentence in January. Undoubtedly, the conviction will impact Angus\u2019s future. He\u2019ll never shake himself loose from it.<\/p>\n One thing is for certain \u2014 he\u2019ll never spit at law enforcement again. But how it will impact his and his friends\u2019 interest in standing up for what they believe in, taking part in rallies, and making their voices heard, remains to be seen.<\/p>\n Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter:\u00a0<\/strong><\/em>@tonitamess<\/em><\/strong><\/a>.<\/strong><\/em><\/p>\n The post How Bad Is It To Spit At Law Enforcement? Very Bad, It Turns Out.<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" 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.\u00a0 He was threatened with a felony charge, but the grand jury refused to indict, so prosecutors pursued his case as a misdemeanor.\u00a0 He […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-137606","post","type-post","status-publish","format-standard","hentry","category-above_the_law"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/137606","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=137606"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/137606\/revisions"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=137606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=137606"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=137606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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