Dec 4, 2011

Months ago, a television played footage of a video of McDonald's employee involved in an altercation with the two female customers. At the time, the headline of the video read McDonald's Employee Attacks Customers. Frankly, after reading that title, I was quite surprised by what the video actually showed.

Two women entered the McDonald's and attempted to pay for their meal with a $50.00 bill. As is required of McDonald's employees, the cashier, Rayon McIntosh, tested the bill to see if it was counterfeit. At that time, the two customers began to verbally harass McIntosh, making threats against him and then spitting on him, slapping him in the face, and jumping over the counter to engage in a physical confrontation. McIntosh can be seen running to the back of the restaurant as the women give chase. McIntosh then reappears holding a metal bar and lashes out at the women with it knocking them both to the floor and continues to hit at them at least twice more. Even after another employee attempts to intervene, McIntosh swings at the women again.

In the end, one woman did in fact suffer a skull injury after the confrontation. All three of them were arrested and charged with various crimes but the most serious charges levied were against Mr. McIntosh. Not even an hour after his arrest, reports surfaced of his manslaughter conviction and almost immediately there was a public uproar against the man.

Well, a grand jury has offered Mr. McIntosh some vindication by refusing to issue an indictment in the case against him. The lawyer for the two women involved in this case has, as expected, labeled the grand jury's action as a great injustice. I whole heartedly disagree.

At the point in the video where the women are on the floor and he swings again, I do think that hit may have been unnecessary. However, in states like New York, the law holds that if you are lawfully in a place (especially your home or place of employment) you do not have a duty to retreat.

When these women jump the counter, they are clearly a physical threat to Mr. McIntosh, and although the audio on the video sounds unclear to me, they are yelling something at him. Mr. McIntosh's lawyer, McIntosh thought they were yelling, "I'll cut you up." So his use of force (i.e. the metal bar) was justified because he thought they were also carrying weapons.

The two women are still facing charges of criminal trespass and disorderly conduct.

What do you think, was justice served in this case? Should Mr. McIntosh sue McDonald's for wrongful termination?



****On a side note... when this case was first reported, I was bothered by the repeated mention of his prior criminal conviction. So I did some research... let's just say that Mr. McIntosh did not attend the *safest* school in the city and according to reports about the original case, he carried a gun for protection and the victim had reportedly bullied him before.

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