WASHINGTON — A Maryland attorney is facing a misdemeanor charge after federal prosecutors chose to dismiss a felony assault case involving an incident with National Guardsmen. The decision marks a continuation of a trend where more serious charges against individuals accused of assaults on federal officers have been downgraded.
Scott Pichon was initially charged with a felony last month after he allegedly spat on members of the National Guard while riding a scooter near Union Station. This week, prosecutors filed a motion to dismiss the felony charge without prejudice, which allows for the possibility of future prosecution. The following day, they refiled the case in D.C. Superior Court under a misdemeanor statute with similar allegations.
The reasons behind the downgrade in charges were not disclosed in the court filings, raising questions about the decision-making process of the prosecutors. Benjamin Schifflebein, Pichon’s assistant federal public defender, noted that his inquiries to U.S. Attorney Jeanine Pirro’s office regarding the downgrade have gone unanswered. Pirro’s office also did not respond to media inquiries about the incident.
Schifflebein expressed his belief that the situation was a “misunderstanding.” He pointed to surveillance footage which he argues shows that Pichon did not intend to spit at the Guardsmen.
This case is part of a pattern where federal prosecutors have downgraded several assault charges against individuals accused of targeting federal officials. Such changes have been particularly noticeable in the wake of increased tensions and heightened activities in Washington, D.C., since late last month. Prosecutors have frequently had to seek lesser misdemeanor charges when grand juries have rejected felony indictments.
One notable example occurred when the U.S. Attorney’s office charged a former Justice Department paralegal with a felony for throwing a sandwich at a Customs and Border Protection officer. After a grand jury refused to indict, the case was subsequently refiled as a misdemeanor.
This evolution in prosecutorial strategy raises questions regarding the enforcement of laws protecting federal officials and the judicial process following high-profile incidents in recent weeks. The outcome of Pichon’s case may provide further insights into how prosecutors are addressing these types of offenses moving forward.
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