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Grand jury declines to indict McDonald's worker in beating

By Khara Lewin, CNN
updated 2:44 PM EST, Mon December 5, 2011
STORY HIGHLIGHTS
  • Rayon McIntosh will not be indicted, prosecutors say Saturday
  • His run-in with two unruly customers was captured on cell phone video
  • Denise Darbeau and Rachael Edwards face pending charges

New York (CNN) -- A fast-food worker whose run-in with two unruly customers was captured on cell phone video last month will not be indicted on assault charges, prosecutors said Saturday.

A grand jury voted against indicting Rayon McIntosh, who was seen allegedly swinging a metal object against two patrons at a McDonald's restaurant in Manhattan's Greenwich Village.

He had been charged with felony assault, according to Joan Vollero, spokeswoman for the Manhattan district attorney's office.

The grand jury reviewed evidence and testimony over 11 days, said Vollero.

The incident occurred at the restaurant on West 3rd Street in the early morning of October 12, and seemed to begin when the cashier questioned a $50 bill the women gave him, according to the video.

The two women responded by hurling obscenities at McIntosh. One of them then appeared to reach over the counter and slap his face, the video showed.

From there, one woman was seen climbing over the counter, sending the cashier running toward the kitchen area. The other woman is then seen walking around to join her friend.

The cashier reappears with what police described as a metal object and repeatedly takes swings at the women.

Restaurant patrons can be heard screaming for him to stop, while other employees are seen trying to intervene.

The video, one minute and 10 seconds long, shows the cashier taking swings at the women as many as 10 times as they lie behind the counter.

"Stop! Stop!" one woman screams. "Stop it! Call the cops!"

The two women suffered lacerations to their head and face and were taken to a hospital, police said. One of the women suffered a fractured skull and a broken arm, according to a complaint filed by the DA's office.

Authorities identified the women as Denise Darbeau and Rachael Edwards, who authorities say each face pending charges of menacing, criminal trespassing and disorderly conduct.

"This was clearly a legally and morally unjustified attack on my clients," said Harold Baker, an attorney for the women in denouncing the grand jury decision. "Inappropriate behavior in the United States of America is not supposed to be met with deadly force."

Calls to McIntosh's attorney were not returned.

CNN's Chris Boyette contributed to this report.

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