A grand jury in Washington has rejected federal prosecutors’ attempt to secure a felony assault indictment against “Sandwich Guy,” the D.C. resident accused of throwing a submarine sandwich at a federal agent earlier this month, according to a new report.

The failure to indict is highly unusual, as prosecutors control the information presented to a grand jury and defense lawyers are not present. The accused, Sean C. Dunn, is at least the second person whom a grand jury has refused to indict amid a federal crackdown on crime in the District.

It remains unclear if prosecutors will try again to indict Mr. Dunn. They could also refile the case as a misdemeanor, which does not require a grand jury indictment, the New York Times reported, quoting unnamed sources. Grand jury proceedings are not publicly disclosed.

The case against Mr. Dunn, a 37-year-old former Justice Department paralegal, received nationwide attention after a video of the incident went viral. Federal authorities highlighted the arrest, releasing footage of heavily armed law enforcement officers going to his apartment.

Mr. Dunn was charged on August 13 with throwing a submarine sandwich at a Customs and Border Protection agent, Gregory Lairmore, in a busy nightclub district little more than a mile from the White House. 

Before the toss, authorities said he shouted, “F*** you! You f***ing fascists! Why are you here? I don’t want you in my city!”

Mr. Dunn has become somewhat of a folk hero among critics of the armed federal presence in the heavily Democratic city. Some residents have plastered posters reimagining the famous “Flower Thrower” mural created by the British street artist Banksy. Instead of a bouquet symbolizing peace, this masked figure hurls a submarine sandwich. 

In another part of the city, a “sandwich guy” poster was paired with an image of a grinder smacking the head of President Trump’s aide, Stephen Miller.

The sandwich solidarity hasn’t stopped at street art. Protesters last weekend embraced the theme with gusto, waving loaves of bread and brandishing signs reading “One small sub for man … One giant gesture for democracy” and “Don’t f*** with D.C. unless you want this footlong.” 

Merchandise quickly followed. Etsy printmaker Lorraine Hu has sold nearly 500 T-shirts, totes, and pins depicting Sandwich Guy since last weekend at her shop, Axios reported.

The non-indictment follows another setback for the office of the U.S. Attorney for Washington, Jeanine Pirro. A federal grand jury declined three times to indict D.C. resident Sydney Reid on charges that she assaulted an FBI agent, the Times reported. Prosecutors eventually refiled the charge as a misdemeanor.

Magistrate Judge Zia M. Faruqui has also criticized several cases brought before him. In one instance involving an illegal firearms charge, he called the preceding search “without a doubt, the most illegal search I’ve seen in my life. … Lawlessness cannot come from the government. We’re pushing the boundaries here.” Judge Pirro’s office later moved to dismiss that case.

Mr. Dunn is scheduled for a preliminary hearing next Thursday, where a judge will determine if there is probable cause to move forward with criminal charges.