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‘It smelled of onions and mustard,’ Border Patrol officer hit by sandwich in DC testifies (www.cnn.com)
submitted 10 months ago by to c/nottheonion@lemmy.world
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“He did it. He threw the sandwich.”

That’s how the defense counsel for Sean Dunn, the man who threw a sub-style sandwich at a Border Patrol officer in Washington, DC, this summer began the federal trial against him Tuesday morning.

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[–] 59 points 10 months ago (2 children)

They never got the indictment. The prosecutor had to downgrade the charges from a felony to a misdemeanor, which doesn’t have to go before a grand jury.

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  • [–] 2 points 10 months ago (1 child)

    if a grand jury won't indict, doesn't double jeopardy apply? not a lawyer, just haven't dealt with this part of the process before

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  • [–] 3 points 10 months ago* (last edited 10 months ago)

    A grand jury is a sort of sanity check on a charge, and does not count towards the trial. It is basically "with these facts (provided only by the prosecution), is there enough probable cause to move a case to trial?". Double jeopardy in the 5th amendment has specific protections from going to trial multiple times or from getting multiple punishments for a crime.

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