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Well as @Airyaman posted above, he's already been to the DC Superior Court where the Judge all but dismissed the charges.
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DC man accused of throwing sandwich at federal officer released from custody
Sean Dunn, accused of throwing a sandwich at a federal officer, is released on his own recognizance.www.wusa9.com
So they refiled in Federal Court, and there the Judge released Dunn on his own recognizance, not even Bail, agreeing that this appears to be an overcharged case.
While your read of the Law may not allow context, the reality is that Justice does. But let's pretend that they convince the Judge to go forward. Do you really think that twelve Jurors from the District are going to say yeah, he's guilty of a Felony for this?
No idea. Technically, he committed a felony, according to the letter of the law.