MANHATTAN SUPREME COURT — A Greenwich Village McDonald's worker who was seen on a viral video hitting two disorderly female customers with an aluminum rod is telling a Manhattan grand jury he felt his life was in danger during the incident.
The video shows the worker, Rayon McIntosh, attacking Denise Darbeau and Rachel Edwards, both 24, after Darbeau jumped the counter and charged at McIntosh, and Edwards walked around the cashier's table to join the Oct. 13 scuffle.
Prosecutors say Darbeau suffered a fractured skull and other injuries. Edwards received minor injuries, they said.
But McIntosh and his attorney, Theodore Herlich, hope the grand jury will believe the cook's actions were in self-defense and vote not to indict him on felony assault charges.
A decision must be made by Friday in order for prosecutors to keep McIntosh in jail, where he is being held on $40,000 bail. The case was briefly called on Wednesday but then adjourned.
According to McIntosh, 31, both women threatened to "cut" him. He was surrounded by kitchen hazards such as scalding-hot frying oil, knives and other dangerous objects the women could have used, leading him to be afraid of what might happen, his lawyer said.
The women were charged with criminal trespass for going behind the counter, while McIntosh faces a serious assault charge.
"I feel sympathy for my client. He's at work. He's not looking for trouble. And look at what happened — he's confronted by two women who are completely out of control," Herlich said.
"I've requested the grand jury be instructed on the law of self-defense."
McIntosh began telling his story to the grand jury panel Tuesday afternoon and expects to continue his testimony Thursday, Herlich said.
Family members and McIntosh's girlfriend gathered at the courthouse Wednesday for waiting for news about the grand jury proceeding.
They also believe the act was purely one of self-defense and that McIntosh did what was necessary to protect himself.
"If somebody threatens you like that, you are going to do whatever it takes," said Althea Bartley, 32, McIntosh's girlfriend.
She and McIntosh's sister Sacara McIntosh, 31, said McIntosh was trying hard to get back on track after his release from prison, working many hours for little pay to help support his 11-year-old daughter.
The grand jury is considering charges against all three individuals involved, Herlich said. The women do not have to testify at the proceeding.
McIntosh is an ex-con who served time in prison on a manslaughter conviction. Darbeau and Edwards also have a history of arrests.
Darbeau was arrested for stealing from the Harlem H&M where she worked and Edwards was arrested for harassment a day after the McDonald's incident, according to court records.
