MANHATTTAN — An attorney for the two women caught on cell phone video being beaten with a metal grill cleaner by a McDonald's employee wants prosecutors to withdraw their case from a grand jury, he told DNAinfo.
Harold Baker, who represents Denise Darbeau and Rachel Edwards, both 24, believes their cases were unfairly handled because their charges were brought before the same grand jury that declined to indict McDonald's cook Rayon McIntosh on assault charges on Friday. They may not learn of the result of the grand jury vote until their next court appearance on Dec. 8.
Though McIntosh testified in his own defense, Baker said the women declined to do so, as they would have had to waive their immunity.
The women were initially charged with misdemeanor trespass, but may now see their charges increased to include felony burglary, which in this case means entering a property with an intent to break the law, he said.
"The DA's office basically made it seem to the grand jury that the actions of all the individuals were on an equal playing field — which they're not," Baker said.
"The actions of my client, in maybe going over the counter, although unfortunate, does not rise to the level of the behavior of Mr. McIntosh," Baker added. "I still believe what he did was unjustifiable,"
The grand jury declined to indict McIntosh on Friday, telling prosecutors that they believed his actions were taken in self-defense, Assistant District Attorney Jaime Mendoza said last week.
A spokesperson for the Manhattan DA's office declined to comment on the case Tuesday.
According to witnesses and a cell phone video first posted by DNAinfo, Darbeau grew irate after a colleague of McIntosh checked the validity of her $50 bill.
After demanding her chicken be "extra crispy," she started verbally attacking McIntosh's coworker and then tried to slap McIntosh in the face before jumping over the counter. She was shouting racial slurs and threatening to "cut" McIntosh, he later said.
But Baker, an attorney for the women, said prosecutors were attempting to "overcharge" his clients by seeking an indictment on felony burglary. They were initially charged only with criminal trespass.
Baker also said he was concerned for the women's safety now that there was no order of protection against McIntosh requiring he stay away from them and that so many online supporters of McIntosh have written that the women "deserved it" along with other heated messages of support for the cook.
Darbeau suffered a fractured skull in the beating and Edwards had minor injuries, prosecutors said.
McIntosh, who was fired by McDonald's, told DNAinfo he plans to sue the fast food chain.
