WASHINGTON (AP) — Federal prosecutors have failed to obtain a felony indictment against a man who was seen on camera hurling a sandwich at a federal law enforcement official in the nation’s capital, a person familiar with the matter told The Associated Press.

Sean Charles Dunn was arrested on an assault charge after he threw a sub-style sandwich at a Customs and Border Protection agent. A video of the incident went viral, and shortly after he was fired from the Justice Department, where he worked as an international affairs specialist in the department’s criminal division.

The case is one of the examples of the legal pushback to President Donald Trump’s law enforcement surge in Washington that has led to more than 1,000 arrests. It is highly unusual for grand jurors to refuse to return an indictment, and it was once said that prosecutors could persuade a grand jury to “indict a ham sandwich.”