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D.C. man sentenced to 7 months for attack against gay Asian man

Sentencing follows accepted plea offer

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Mike Silverstein, left, and Sean Lai are joined outside D.C. Superior Court by members of Lai's legal team: Blair Decker, Molly Pallman and Katie Colura (Washington Blade photo by Lou Chibbaro Jr.)

A D.C. Superior Court judge on Thursday sentenced District resident Patrick Trebat, 39, to seven months in jail following a dramatic court hearing in which a gay Asian man, Sean Lai, described how Trebat assaulted him and his parents while shouting homophobic and anti-Asian slurs in an unprovoked attack last August on a D.C. street.

The sentencing came after Trebat pleaded guilty during the same hearing to three counts of misdemeanor simple assault, with one of the counts designated as a hate crime based on the victim’s ethnicity. The guilty plea was part of a plea bargain offer by prosecutors with the Office of the U.S. Attorney for D.C.

In exchange for Trebat accepting the plea deal, prosecutors agreed to drop two earlier felony charges of bias-related assault with significant bodily injury brought against Trebat in connection with the attack on Lai and his parents.

Judge Michael O’Keefe officially sentenced Trebat to 21 months of incarceration for the three charges, but suspended all but seven months of the sentence. O’Keefe also sentenced Trebat to three years of supervised probation upon his release, with the stipulation that he will be required to serve the full 21 months if he violates the terms of his probation.

Trebat, who had been released on a partial home detention order shortly after his arrest just under 10 months ago, was placed in immediate custody and escorted out of the courtroom by U.S. marshals after the conclusion of the sentencing part of the hearing to begin serving his sentence.

In delivering a victim’s impact statement in the courtroom, Lai told O’Keefe that in addition to inflicting physical injuries on him and his parents that required emergency treatment at a hospital, Trebat’s attack on his family caused deep emotional scars that continues to haunt all three of them.

He said he objects to the plea bargain deal on grounds, among other things, that it does not designate Trebat’s violent attack as a hate crime based on Lai’s sexual orientation, only on his and his parents’ ethnicity.

Court records show that Trebat attacked Lai and his elderly parents, who are of Chinese ancestry, as they were walking on a street in the city’s Observatory Circle neighborhood near where they were living and within sight of the Washington National Cathedral.

Police charging documents filed in court state that Trebat called the three victims “faggots” and shouted, “You are not Americans” as he approached them while they were walking along the 3700 block of Fulton Street, N.W. at about 9:30 p.m. on Aug. 7, 2021. One of the documents says Trebat punched and shoved the three victims, knocking each of them to the ground, after initially punching Lai’s father in the head from behind while shouting, “Get out of my country.”

“As painful as it is to relive this moment when this atrocious attack took place, I choose to be here today because I wanted you to hear my own voice and perspective, as well as the perspective from my parents,” Lai told the judge. “The defendant attacked me and my elderly parents without provocation, motivated simply by his hatred toward our race and my sexual orientation,” Lai continued.

“But what breaks my heart the most is what was done to my parents,” he said. “I had to take them each to several orthopedics appointments over the following months. I secretly cried in my bed each night after seeing the pain that was inflicted on them and the psychological trauma that they experienced.”

Gay D.C. Advisory Neighborhood Commissioner Mike Silverstein followed Lai by delivering an LGBTQ community impact statement before the court on behalf of the city’s ANC LGBTQ Rainbow Caucus, the D.C. Center for the LGBT Community, and what Silverstein said was Lai’s request that he speak on behalf of the Asian and Pacific Islander community.

“Thank you, Your Honor, for the opportunity to give this victim’s impact statement,” Silverstein said. “And please forgive me for the next 13 words, which were not mine,” he said.

“’Fuck you bitch!’ ‘Faggot!’ ‘You are not Americans! Get out of this country!’”

“Those were the 13 words Patrick Trebat shouted at Sean Lai and his elderly mother and father just before Mr. Trebat physically attacked them without provocation,” said Silverstein as courtroom spectators listened intently.

“As members of the LGBT+ community, we feel this was an attack on every one of us,” Silverstein continued. “It was a direct attack on our right to exist and to live openly in the District of Columbia. We respectfully ask the court to issue the maximum jail sentence so that our community can feel that we are protected, and that we need not live in fear that those who would do us harm will get off easy,” he said.

After asking Trebat to confirm that he fully understands and agrees to the terms of the plea offer, O’Keefe invited Trebat to give his own statement just prior to the sentencing.

Trebat, who was dressed in a suit and tie, offered his “deepest apologies” to Lai and Lai’s parents, who were not present in the courtroom. Trebat said he was intoxicated on alcohol and drugs at the time of the incident and had no recollection of what happened.

“I was legitimately out of my mind that night,” the told the judge. He said alcohol and prescription drugs caused him to engage in “stupid” acts. “I am sorry for the shame I brought to my parents, to American University, and to the victims,” he added.

He was referring to his status as a graduate student at American University at the time of his arrest. The university later expelled him from his enrollment there after American University students protested that he had initially been allowed to continue his studies following a hate crime arrest.

“This event was not personal. I ’m not a racist,” he said. “I take full accountability for what happened. I’m a changed person.”

Trebat’s attorney, Brandi Harden, asked O’Keefe to sentence Trebat to only a suspended jail term and a stringent term of probation rather than incarceration, saying that he suffers from and has long been treated for mental health issues, which would be worsened if he were to be sent to jail.

Assistant U.S. Attorney Robert Platt, the lead prosecutor in the case, expressed opposition to Harden’s request, telling the judge that Trebat was already receiving a “significant benefit” from the plea offer.

“We don’t dispute that the defendant was intoxicated,” Platt said. But he added that the plea deal includes a provision for mental health and substance abuse treatment and that Trebat needs to be held responsible for his actions.

“This was part of hate crimes against Asians across the country,” Platt told O’Keefe before providing statistics of the violent hate crime attacks against Asian Americans nationwide. “This type of attack will not be tolerated,” he said.

Although Platt acknowledged that Trebat also hurled homophobic slurs at Lai and his parents during the attack, he did not explain why prosecutors chose not to include a hate crime designation pertaining to sexual orientation in the plea bargain offer.

“I believe he is remorseful,” O’Keefe said in handing down his sentence. “But there has to be some punishment,” he said. “You have been shamed, and that is part of the penalty,” O’Keefe added. “It was your own actions that brought this on … I think this sentence strikes a good balance.”

In response to a request by the Washington Blade for comment on why prosecutors decided to reduce the severity of the charges against Trebat through the plea agreement and did not include sexual orientation in the hate crime designation, U.S. Attorney spokesperson William Miller sent a brief statement to the Blade.

“The U.S. Attorney’s Office thoroughly investigated and analyzed the facts and circumstances of this case and provided what we determined to be an appropriate plea offer,” the statement says. “We extend a plea offer in almost every case charged in Superior Court,” it says.

 “The plea offer extended in this case included a bias enhancement,” the statement continues. “Our office is committed to fully prosecuting bias-related crimes and held this defendant accountable for his appalling conduct.”

The texts of the victim’s impact statement delivered in court by Lai and the community impact statement given by Silverstein can be viewed below:

U.S. v. Trebat

Victim Impact Statement

By: Sean Xiangwen Lai

Your Honor,

Thank you for the opportunity to give my victim impact statement. I have gathered the courage to stand before you today at this hearing, to tell the court and my community about the defendant’s assault on me and my elderly parents, and the suffering we have endured as a result of his horrific actions. As painful as it is to relive the moment when this atrocious attack took place, I choose to be here today because I wanted you to hear my own voice and perspective, as well as the perspective from my parents. 

The defendant attacked me and my elderly parents without provocation, motivated simply by his hatred toward our race and my sexual orientation. We were walking on the streets of our neighborhood, enjoying our time outdoors during this unprecedented time when being outside of our home was a small joy of which we could take advantage. We were defenseless, feeling what we thought was secure so close to our home, when he assaulted us, beating up my parents and me. I am here today to tell the court in person that a man who would do this to an innocent family deserves the maximum prison sentence and does not deserve the leniency he has already received from the plea bargain offered by the prosecutors, which my family and I have expressed is very disappointing.

Last August, my parents and I were taking a walk in our neighborhood, very near our home. It was a beautiful Saturday night, but little did we know that our lives would be changed forever that night. “Fuck you bitch! Faggot! You are not Americans! Get out of this country!” were the words the defendant yelled at us before he punched my dad in his head with a closed fist from behind causing him to fall to the ground. When my mom and I hurried over to help my dad, the defendant attacked us as well. As a result of the fall my dad took when the defendant attacked him, my dad suffered a fracture to the bone of his left wrist and both of his knees were injured; my right pinky finger was fractured; and my mom’s right shoulder muscle was torn. All of us had bruises and cuts on all over our bodies. He appeared to get scared as I started yelling loudly for help on our quiet neighborhood street. He stopped attacking us and attempted to leave. As he was trying to flee the scene, I yelled at him: “This is a hate crime. You are not getting away with this.” He stopped, turned around and smirked at me saying “Oh, I will!”

This frightening image of his maliciousness and remorselessness has played repeatedly in my worst nightmares ever since. And he remained unrepentant, even after he was arrested. With blood dripping from my mouth, I tried to explain what happened to the responding police officer at the scene. Handcuffed and detained, this man was still yelling at me saying “Shut the fuck up. Drama queen!” right in front of the police officer.

Not a day goes by that what my parents and I suffered does not interfere with our lives. I had to take several weeks away from work and lost countless nights of sleep. I spoke to a therapist for several months and I am still working through the trauma inflicted on me. Even now I can feel the pain in my right pinky finger, which serves an enduring reminder I cannot ignore. I continue to live in fear for being who I am: An openly gay Asian man.

But, what breaks my heart the most is what was done to my parents. I had to take them each to several orthopedics appointments over the following months. I secretly cried in my bed each night after seeing the pain that was inflicted on them and the psychological trauma that they experienced. For a long time, my mom was afraid to even walk on the street in the middle of the day, still afraid an attack could happen at any time. My dad still has pain in his wrist and both his knees.

I strongly believe that the attacker thought that he could easily get away with what he did, avoiding any severe punishment, based on his unrepentant words and behaviors following the attack and his arrest. And the plea deal proves that it was just a slap on the wrist for the hate crime he committed against me and my elderly parents. We have repeatedly expressed the frustration on the plea deal to the prosecutors. Three counts of simple assault with only one hate crime enhancement on national origin are simply unacceptable.

Therefore, I respectfully request that the court serve justice and issue the maximum jail sentence, which I believe is the right thing to do and will show the community that unprovoked violence against defenseless members of the community will not be tolerated, and that no one in the District of Columbia should live in fear of being targeted simply because of who they are. 

Thank you.

U.S. v. Trebat

Community Impact Statement

By: Mike Silverstein, ANC Commissioner

I am offering this on behalf of 16 other openly LGBT+ elected D.C. Advisory Neighborhood Commissioners, and on behalf of the DC Center for LGBT. Sean Lai has asked me to speak for our community, and the AAPI community. As someone who was Bar Mitzvah at Tree of Life Synagogue in Pittsburgh, this takes on a special urgency to me. 

Thank you, Your Honor, for the opportunity to give this victim impact statement. And please forgive me for the next 13 words, for they were not mine….

“Fuck you bitch!” 

 “Faggot!”

 “You are not Americans! Get out of this country!”

Those were the 13 words Patrick Trebat shouted at Sean Lai and his elderly mother and father just before Mr. Trebat physically attacked them without provocation.

As they were out for a walk, the Lai family was beaten for no reason other than their race and Sean’s sexual orientation. 

As members of the LGBT+ community, we feel this was an attack on every one of us. It was a direct attack on our right to exist and to live openly in the District of Columbia. 

We respectfully ask the court to issue the maximum jail sentence so that our community can feel that we are protected, and that we need not live in fear that those who would do us harm will get off easy.  The maximum sentence will deter others from committing this brutal crime on our community and it will show the community that it is never open season on Asian Americans or LGBT+ people or anyone.

What happened to Sean and his parents reminds our community that violence against us — for being ourselves — can happen anywhere at any time: San Francisco City Hall, the Pulse nightclub in Orlando, the Atlanta shooting targeting Asians, an arson fire at a queer nightclub in New York City a month ago and all those unprovoked attacks on streets and subways against Asian Americans in the past two years. 

Violent hate crimes are a plague upon our nation. What’s next? The defendants’ assault on Sean and his family is part of this ongoing horror. 

Despite the progress we have made as a community, the LGBT+ community is still at risk, especially minorities. Murders of trans people have reached epic proportions. And here, this unspeakable attack on an Asian American and his family began with homophobic slurs. 

Sean Lai is openly and proudly gay. He is proud of his Asian heritage. 

He was attacked because of who he is — and that is who we are: Members of a minority, supposedly protected by law against discrimination and violence.

This brutal attack has deeply impacted and harmed us in many ways:  

What happened to Sean brought back bad memories to nearly all of us, and fear and nightmares to some of us. So many of us spent years hiding who we are for fear of rejection and out of fear for our safety. Those of us who were in the closet kept silent as members of our community were bullied or attacked.

Those who have been bullied or attacked will always remember what happened to us. It becomes a part of us. Some in our community — especially our trans siblings — often do not walk alone in parts of D.C. or at certain times of the day because they don’t feel safe unless they are with someone else. Each of us must deal with the emotional harm individually — and attacks like this one — out of the blue, on a pleasant summer evening — in the shadow of the National Cathedral — triggers us in so many ways.

We are sickened and angered by the incidents of physical violence against our community and we are tired of being overlooked or silenced. We are especially angered by the process of the criminal justice system.  

To begin, this was an irrational, unprovoked attack on Sean and his family – and the community is extremely disappointed that the defendant was not detained pending the outcome of this case.  

Sean and the LGBT+ community have waited months for closure in this criminal case, only to be here today to listen to a plea deal on misdemeanor charges. A victim of another hate crime in DC several years ago may have put it best, when she said, “when you bargain away the hate crime enhancement, you bargain away part of my soul.”

I also want to address the fact that, with respect to the crimes against Sean, the defendant was never charged with a hate crime enhancement with respect to sexual orientation; and, the crime that the defendant pled guilty to did not include any hate crime enhancement at all – just simple assault. Sean has repeatedly expressed to the prosecutors how important it is that the hate crime enhancements be included for both national origin and sexual orientation. Our community is disappointed that the defendant was not charged with a hate crime based on sexual orientation because a gay person was called “bitch” and “faggot,” physically assaulted, injured. If that’s not a hate crime based on sexual orientation, what is?

A sentence without significant jail time will leave members of the LGBT+ and Asian American community even more victimized, vulnerable and distrustful of the criminal justice system.  

We are here today to implore the court to impose a sentence that will send a clear message that violence against people for who they are will not be tolerated.

We must stop Asian hate. We must stop violence against the LGBT+ community. We must stop violence against all people who are attacked because of race, religion, national origin, sexual orientation or whatever. This epidemic of hatred and madness and violence is tearing our nation and our community apart. We must not live in fear, one of another. 

We request a long jail sentence that shows that this court affirms the right of every person in the District of Columbia to live honestly, openly, and without fear.

We ask that the court provide justice for Sean and his family, the Asian-Pacific community, and the LGBT+ community. Thank you.  

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District of Columbia

Activist hosts Diwali celebration in D.C.

More than 120 people attended Joshua Patel’s party on Nov. 9.

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Joshua Patel hosted a Diwali celebration at the Speakeasy at Capo Deli on Florida Avenue, N.W., on Nov. 9, 2025. (Photo courtesy of Josh Patel)

LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.

Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.

Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.

Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party. 

“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.

In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”

Patel coined the celebration a “unifier.”

“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”

Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.

The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.

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District of Columbia

Capital Pride files anti-stalking complaint against local LGBTQ activist

Darren Pasha denies charge, claims action is linked to Ashley Smith’s resignation

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Darren Pasha (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27 against local LGBTQ activist and former volunteer Darren Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint, which was filed in D.C. Superior Court, was accompanied by a separate motion seeking a court restraining order, preliminary injunction and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

According to online court records, on Oct. 28, a judge issued an “initial order” setting the date for a scheduling conference for the case on Feb. 6, 2026. As of the end of the business day on Friday, Nov. 7, the judge did not issue a ruling on Capital Pride’s request for an injunction and restraining order

The court records show that on Nov. 5 Pasha filed an answer to the complaint in which he denies all allegations that he targeted Capital Pride officials or volunteers for stalking or that he engaged in any other improper behavior.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha says in his response, adding that “no credible or admissible evidence has been provided” to meet the statutory requirements for an anti-stalking order.

The Capital Pride complaint includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out in the court filing documents.

“Over the past year, Defendant Darren Dolshad Pasha (“DSP”} has engaged in a sustained and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.

It continues, “This conduct included physical intimidation, unwanted physical contact, deception to gain unauthorized access to events, retaliatory threats, abusive digital communication, proxy-based harassment, and knowing defiance of organizational bans and protective orders.”

The sweeping anti-stalking order requested in Capital Pride’s court motion would prohibit Pasha from interacting in person or online or electronically with “all current and future staff, board members, and volunteers of Capital Pride Alliance, Inc.”

The proposed order adds, the “defendant shall stay at least 200 yards away from the principal offices of Capital Pride Alliance” and “shall stay at least 200 yards away from all Capital Pride Alliance events, event venues, associated activities, and affiliated gatherings.”

The reason for these restrictions, according to the complaint, is that Pasha’s actions toward Capital Pride staff, board members, and volunteers allegedly reached the level of causing them to fear for their safety, become “alarmed, disturbed, or frightened,” or suffer emotional distress as defined in D.C.’s anti-stalking law.

Among the Capital Pride officials who are identified by name and who have included statements in the complaint in support of its allegations against Pasha are Ashley Smith, the former Capital Pride Alliance board president, and June Crenshaw, the Capital Pride Alliance deputy director.

“I am making this declaration based on my personal knowledge to support CPA’s petition for a Civil Anti-Stalking Order (ASO) against Daren Pasha,” Smith says in his court statement. “My concerns about the respondent are based on my personal interactions with him as well as reports I have received from other members of the CPA community,” Smith states.

The Capital Pride complaint against Pasha and its supporting documents were filed by D.C. attorney Nick Harrison of the local law firm Harrison-Stein PC.

In his 16-page response to the complaint that he says he wrote himself without the aid of an attorney, Pasha says the Capital Pride complaint against him appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, over the past year.

His response states that the announcement last month by Capital Pride that Smith resigned from his position as board president on Oct. 18 after it became aware of a “claim” regarding Smith and it had opened an investigation into the claim supports his assertion that Smith’s resignation is linked to his year-long claim that Smith tarnished his reputation.

Among his allegations against Smith in his response to the Capital Pride complaint, Pasha accuses Smith of using his position as a member of the board of the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization, to persuade HRC to terminate his position as an HRC volunteer and to ban him from attending any future HRC events. He attributes HRC’s action against him to “defamatory” claims about him by Smith related to his ongoing dispute with Smith.

The Capital Pride complaint cites HRC officials as saying Pasha was ousted from his role as a volunteer after he allegedly engaged in abusive and inappropriate behavior  toward HRC staff members and other volunteers.

 Capital Pride has so far declined to disclose the reason for Smith’s resignation pending an internal investigation. 

In its statement announcing Smith’s resignation, a copy of which it sent to the Washington Blade, Capital Pride Alliance says, “Recently, CPA was made aware of a claim made regarding him. The organization has retained an independent firm to initiate an investigation and has taken the necessary steps to make available partner service providers for the parties involved.”

The statement adds, “To protect the integrity of the process and the privacy of all involved, CPA will not be sharing further information at this time.”

Smith did not respond to a request by the Blade for comment, and Capital Pride has declined to disclose whether Smith’s resignation is linked in any way to Pasha’s allegations. 

The Capital Pride complaint seeks to “characterize me as posing a threat sufficient to justify the issuance of a Civil Anti-Stalking Order (CAO), yet no credible or admissible evidence has been provided to satisfy the statutory elements required under D.C. Code 22-3133,” Pasha states in his response.

“CPA’s assertions fail to establish any such conduct on my part and instead appear calculated to discredit and retaliate against me for raising legitimate concerns regarding the conduct of its former Board President,” he states in his response.

In its complaint against Pasha and its legal memorandum supporting its request for an anti-stalking order, Capital Pride provides a list of D.C. Superior Court records that show Pasha has been hit with several anti-stalking orders in cases unrelated to Capital Pride in the past and has violated those orders, resulting in his arrest in at least two of those cases.

“A fundamental justification for granting the [Anti-Stalking Order] lies in the Respondent’s extensive and recent criminal history demonstrating a proven propensity for defying judicial protective measures,” the complaint states. “This history suggests that organizational bans alone are insufficient to deter his behavior, elevating the current situation to one requiring mandatory judicial enforcement,” it says.

“It is alleged that in or about June 2025, Defendant was convicted on multiple counts of violating existing Anti-Stalking Orders in matters unrelated to Capital Pride Alliance (“CPA”),with consecutive sentences imposed, purportedly establishing a pattern of contempt for judicial restraint,” Pasha states in his court response to the Capital Pride complaint.

“These allegations are irrelevant to the matter currently before the Court,” his response continues. “The events cited are entirely unrelated to CPA and the allegations underlying the petition for a Civil Anti-Stalking Order. Moreover, each of these prior matters has been fully adjudicated, resolved, and dismissed, and therefore cannot serve as a basis to justify the issuance of a permanent Civil Anti-Stalking Order in this unrelated proceeding.”

He adds in his response, “Any reliance on such prior matters is misleading, prejudicial, and legally insufficient.”

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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