you can indict a ham sandwich if you don't try to convince a grand jury that a mustard stain is terrorism. the grand jury found that throwing a sandwich at someone doesn't rise to the level of assault. what dude did was never contested, and they would have gotten a conviction if they charged appropriately, but instead they tried to "make an example" of him and instead they got made an example of.
What would have been the appropriate charge?
simple assault or disorderly conduct
But that wouldn't have put him in prison for life.