How Dangerous Is It To Spit At Regulation Enforcement? Very Dangerous, It Turns Out.

Sean Charles Dunn, a paralegal on the Division of Justice, received acquitted in early November for throwing a Subway sandwich at a federal agent throughout what he thought was an ICE raid. 

He was threatened with a felony cost, however the grand jury refused to indict, so prosecutors pursued his case as a misdemeanor.  He misplaced his job within the interim however was finally acquitted at trial. Apparently, DC jurors didn’t imagine {that a} Subway sandwich, irrespective of how deliberately lobbed at an agent, constituted assault.

Spitting, nonetheless, due to the visceral ingredient and the opportunity of illness transmission, is an entire totally different animal. Particular legal guidelines have been enacted that penalize spitting as a felony whether or not it reaches the opposite individual’s pores and skin or not.

I discovered this firsthand when an in depth pal of my son was arrested through the June 2025 No Kings rally in Los Angeles.

Angus — a 24 -year-old school grad, a musician and set assistant in L.A., with no legal document and as removed from an “Antifa” agitator as a monk — went to the protest with my son. It was festive, filled with marchers, picnickers, grandmas and youngsters, humorous indicators and costumes. However when phalanxes of Los Angeles nationwide guards in heavy armor accompanied by different federal legislation enforcement and LAPD moved in to order the gang to disperse, issues modified.

They shouted by bullhorns and fired rubbers bullets, a few of which ripped by protest indicators despite the fact that it was daylight and the allotted protest time had not expired. Some within the crowd stood their floor as legislation enforcement closed in with shields, batons, and different riot gear.

As they approached Angus, he did one thing silly. He spat at them — one thing he’ll remorse for the remainder of his life. A hunk of phlegm landed on an officer’s shoe and face protect.

Inside moments, Angus was dog-piled by a gaggle of troopers, disappearing beneath the scrum of closely armed males. He didn’t reappear for 4 days. He had been in federal custody, not allowed to name buddies or household who, naturally, have been frantic.  He described this as the toughest time of his ordeal, not understanding what he was being charged with or when he’d see a decide.

He lastly noticed a federal Justice of the Peace and discovered that federal prosecutors have been charging him with felony assault — a criminal offense that carries the opportunity of eight years. As U.S. Lawyer Pam Bondi informed Fox Information, “You may run, however you may’t disguise. We’re coming after you federally. When you assault a police officer, in case you rob a retailer, in case you loot, in case you spit on a police officer, we’re coming after you.” 

Two days after being arraigned, prosecutors gave Angus an ultimatum: plead responsible to a misdemeanor, or they’d indict. The plea cut price compelled Angus to serve 4 months in federal jail. That’s quite a lot of time for a man exercising his First Modification rights, albeit a little bit too enthusiastically.

Paradoxically, he needed to make his determination across the time of July 4^th, a day that celebrates America’s freedom from tyrannical governments. 

Being convicted of a federal crime carries long-term penalties. There’s not one of the expungement or sealing of data which may occur in state courts. No matter crime is pleaded to, the individual carries the remainder of their lives. 

Angus was launched from jail and mulled over choices along with his lawyer, buddies, and household. Most discovered that compelling 4 months in jail for spitting throughout a protest rally was outrageous.  However what selection did he have? Might he threat being indicted?  Though a Washington, D.C., grand jury refused to indict the sandwich man, that was no assure they’d do the identical in L.A. 

There was little question that Angus spit, and federal legislation is evident — if performed deliberately in opposition to a federal officer, that’s a criminal offense even when no hurt ensues.

Having a felony document does much more injury than a misdemeanor. It prevents the individual from getting sure jobs, financial institution loans, housing, and even travelling to sure nations.

Angus and his lawyer checked out all of the angles. The spitting was not on video. The officer exaggerated what had occurred and claimed some landed on his pores and skin regardless of his face visor and protect. Nonetheless, the opportunity of ending up with a felony conviction and being sentenced to greater than 4 months was excessive a threat to run.

Numerous circumstances activate a dime — the political winds of the time; the course of higher-ups within the prosecution workplaces; the political whims of the Division of Justice. Finally, it comes down to a price profit evaluation, how a lot threat an individual is prepared to deal with. Possibly the prosecution wouldn’t have indicted. Possibly it was a bluff. Possibly, even when they did, Angus would have been indicted just for a misdemeanor, or perhaps he wouldn’t have been discovered responsible after trial. However with the strict rhetoric of the Justice Division backed by the vociferousness of the U.S. president himself, Angus finally determined it was a threat he couldn’t take.

Angus’ mother and father, two analysis scientists from Washington State, received concerned. They referred to as his  federal public defender to intercede. She then spoke to her supervisor, who then spoke to the pinnacle of the prosecutor’s workplace. Character letters streamed in about Angus’s good nature, abilities, and peacefulness.

It helped the needle budge incrementally. The prosecution nonetheless insisted Angus serve jail time on a misdemeanor plea, however as an alternative of 4 months, they agreed to go away it as much as a decide to find out what period of time was warranted. However, they mentioned, it needed to be at the least two weeks and will nonetheless be as a lot as 4 months.

Angus accepted the plea deal.

Whereas this wasn’t a complete victory, it saved him a felony conviction and left the likelihood that his jail sentence can be lower than 4 months.

Angus needed to report back to federal probation through the pendency of his case. He couldn’t go inside a sure distance of federal buildings. He needed to get permission to journey out of the district.

Lastly, the day got here when the decide pronounced sentence. Not less than 20 well-wishers, buddies, and household stuffed the courtroom. Within the six months because the time of the crime, the political local weather within the U.S. had shifted. Trump’s recognition was on the decline; a D.C. jury discovered the Subway sandwich defendant not responsible of even a misdemeanor. It appeared motive was taking maintain over intimidation.

The decide commented how in all his years on the bench he’d by no means see the prosecution ask for jail time for a younger man with no legal document who spit throughout a protest rally. He did, nonetheless, reiterate that it was in opposition to the legislation and shouldn’t be performed ever once more.

Angus thought he may not should do any time in any respect, however that was a misreading of the plea settlement. Regardless of how sympathetic the decide, he needed to give him a minimal of two weeks in federal jail. And that’s what Angus received — two weeks.

He’ll flip himself in to start out the sentence in January. Undoubtedly, the conviction will influence Angus’s future. He’ll by no means shake himself free from it.

One factor is for sure — he’ll by no means spit at legislation enforcement once more. However the way it will influence his and his buddies’ curiosity in standing up for what they imagine in, collaborating in rallies, and making their voices heard, stays to be seen.

Toni Messina has tried over 100 circumstances and has been working towards legal legislation and immigration since 1990. You may comply with her on Twitter: @tonitamess.