MANHATTAN — Rayon McIntosh, the Greenwich Village McDonald's worker caught on dramatic cellphone video beating two unruly female customers, was not indicted by a grand jury, prosecutors said Friday, paving the way for him to be released from custody.
After convening for 11 days over the incident, which was captured on shocking video first published by DNAinfo, the grand jury voted to dismiss charges against McIntosh, 31.
"Over the last 11 days the the grand jury considered the evidence and voted to dismiss in the interest of justice," Assistant District Attorney Jamie Mendoza said. "We ask Mr. McIntosh be freed."
McIntosh was caught on video using a metal rod to beat two women who had jumped over the counter apparently to attack him at the West 3rd Street fast food joint on Oct. 13.
One of the women, Denise Darbeau, suffered a fractured skull and some memory loss in the incident, her father, Gerald Darbeau, told DNAinfo. The other, Rachel Edwards, suffered a deep cut on her arm.
Both women were charged with trespass, but it was not clear if they were indicted.
After DNAinfo's "On the Inside" broke the story of the incident, McIntosh received an outpouring of support.
McIntosh's attorney, Theodore Herlich, said the grand jury viewed his client's actions as self-defense.
