SACRAMENTO (CBS13) — It was a pie to the face that started it all.

“Sean’s act was necessary to prevent a significant evil here in the city of Sacramento,” said Claire White, the attorney representing Sean Thompson.

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It was an act of political theater to get attention about homeless issues by Thompson that landed him in jail with a felony charge.

“We have proposed a number of defenses that are creative, but appropriate and aggressive,” said White.

Thompson is accused of assaulting then-Mayor Kevin Johnson at a charity dinner last fall.

White says they plan to call dozens of witnesses, including former Mayor Kevin Johnson.

“We have been actively attempting to subpoena Kevin Johnson now for over a month,” said White.

There is one problem, the process servers can’t find him.

“We believe that Kevin Johnson is actively ducking our subpoena and avoiding our service,” said White.

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So where could Johnson be?

He recently signed on as the vice-chair of Independent Sports & Entertainment which has five offices across the country from New York to Chicago and Los Angeles.

He was also spotted at the Hawaii state capital in January. Last month he was spotted in the Aloha state at a business forum.

His former spokesperson says they “haven’t kept up.”

“It can be challenging,” said Lance Casey.

He is a private investigator in the Sacramento area. He says it’s not uncommon for weeks and months to pass before a person can be located.

“It just depends on how high profile or not they are,” said Casey.

As for Johnson, as long as he doesn’t get served, legally, he doesn’t have to show up to court.

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Jury selection is expected to begin on Monday for Thompson’s case. Due to the high profile nature, it’s expected to take some time. The case will be heard with or without Kevin Johnson.