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Is Pie an Assault? Jury Still Deliberating Fate of Man Who Shoved a Pie in Kevin Johnson’s Face

SACRAMENTO -- A Sacramento County jury has been deliberating the fate of a man who put a pie in the face of Former Sacramento Mayor Kevin Johnson for three days and will continue into Monday.

"We're going into more 40 or 50 hours since the jury has had the case," defense attorney Claire White said Thursday. "So, who knows?"

Sean Thompson admitted to shoving a coconut cream pie into Johnson's face last September at a Seeds of Hope dinner event. Thompson was taken to the hospital after Johnson retaliated, before he was booked into jail.

Thompson now faces a felony charge for assaulting a public official and a misdemeanor charge of battery on a school grounds. It appears, however, that they have reached a decision regarding one of the counts.

But is pie an assault? That seems to be the stumbling point for the jury.

Witnesses have also brought up that Thompson was beaten by Johnson following the incident and that a bloodied Thompson appeared defenseless as the former mayor hit him, according to a statement by White. Thompson was hospitalized following the incident.

White alleges the judge refused several defenses and did not disclose certain facts to the jury.

"I feel like we're on the side of right and ultimately what they're going to decide is going to be what's right," Thompson said Friday.

"Because the jury's still deliberating they could come back on Monday and have a totally different split or a totally different take on what's going on," White said Friday. "So, you know, we're not ready to count any chickens, so to speak."