SACRAMENTO (CBS13) — The Sacramento County District Attorney’s Office has decided to refile assault charges against a man accused of hitting former mayor Kevin Johnson with a pie.
Sean Thompson will face two misdemeanor charges of assault and assault on a public official. He is due in court on Aug. 18.
Thompson previously faced felony assault and misdemeanor battery charges, but a mistrial was declared when the jury deadlocked on May 15. A juror told CBS13 the complex case came down to issues such as whether a pie to the face delivered by activist Sean Thompson constitutes battery.
Thompson’s attorneys call the new trial a waste of taxpayer money.
Thompson says he planned the pie throwing in September as an act of civil disobedience, saying he felt pressure to do something because he believes the mayor didn’t do enough for the homeless and was too focused on the Golden 1 Center.
The prosecution argued it’s a case of assault against a public official.
Johnson was subpoenaed, but did not testify in the case. Johnson sought a restraining order against Thompson after the incident, but Thompson was still able to take his case to a Sacramento City Council meeting later that week.