A former Department of Justice employee, accused of assaulting a federal officer with a sandwich in Washington, D.C., has not been indicted for felony assault, according to a person familiar with the case who spoke to The Associated Press.

Sean Charles Dunn, 37, was reportedly captured on video hurling insults at Customs and Border Protection (CBP) officers stationed near 14th and U streets on August 10.

According to witnesses, Dunn shouted, “Why are you here? I don’t want you in my city!” while approaching the agents, at one point labeling an officer as a “fascist.”

He allegedly threw his sub-style sandwich at an officer, hitting him in the chest before fleeing. The viral video captures witnesses laughing as federal agents pursued him.

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 sought a federal grand jury’s indictment against 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, committed to vigorously prosecuting cases as part of President Trump’s anti-crime initiatives in Washington, shared a video commenting on 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.