The Curious Case of the Flying Sandwich: Why a Felony Charge Crumbled in D.C.

In a peculiar legal twist that has captivated Washington D.C., prosecutors recently faced an unexpected setback in their attempt to secure a felony indictment against a woman accused of throwing a sandwich at a bus driver. Despite the driver suffering a severe injury – a detached retina and significant vision loss – a grand jury ultimately decided against the more serious charge, opting instead for a misdemeanor.

The incident unfolded in February when Tiffany Johnson allegedly hurled a sandwich at Metrobus driver Maria Aldarca.

What might seem like a minor altercation took a grave turn, as Aldarca reported a detached retina and subsequent loss of vision. Given the serious bodily harm, prosecutors sought to charge Johnson with assault with a dangerous weapon, a felony under D.C. law.

However, the grand jury, tasked with determining if there's enough evidence to proceed with a felony trial, saw things differently.

They declined to indict Johnson on the felony charge but did return an indictment for misdemeanor assault. This decision underscores the complex nuances of legal definitions, particularly what constitutes a 'dangerous weapon' in the eyes of the law, and perhaps, common sense.

D.C. law broadly defines a dangerous weapon as any object that, when used, is capable of causing death or serious bodily injury.

This definition allows for objects not typically considered weapons, like a phone, a bottle, or even a shoe, to be classified as such if used with intent to harm. Yet, grand juries often grapple with distinguishing between an object's inherent dangerousness and the intent with which it was wielded, especially when an injury, however severe, might be an unforeseen consequence of an otherwise non-lethal act.

This isn't the first time D.C.

prosecutors have faced an uphill battle in similar cases. In 2017, a woman was indicted on a felony charge for throwing hot coffee at a bus driver, causing burns. While initially a felony, she was later convicted of simple assault, a misdemeanor. These cases highlight the judiciary's struggle to apply felony-level charges when the 'weapon' is an everyday item and the intent to cause grievous harm, or to use the object as a weapon, is debatable.

For Tiffany Johnson, the legal saga continues, albeit on a less severe footing.

While the severe injury to Maria Aldarca remains a tragic outcome, the grand jury's decision serves as a reminder of the careful scrutiny applied to intent and circumstance within the justice system, even when a humble sandwich becomes the center of a legal storm.