# Do you want fries with that? (McDonald's employee beats customers) **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 15, 2011, 12:10am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693 "2011-10-15T00:10:00Z")\ **Posts on this page:** 16\ **Page:** 14
**Author:** ![devilsknew](https://avatars.discourse-cdn.com/v4/letter/d/4da419/32.png) [@devilsknew](https://boards.straightdope.com/u/devilsknew)\ **Post date:** [October 21, 2011, 2:19am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/261 "2011-10-21T02:19:14Z")
ummm… that seems to be “criminal posession of a weapon”, the charge, formally. Still, picking up that fryer cleaning rod doesn’t seem to satisfy the “criminal possession” charge of that indictment… ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [October 21, 2011, 5:38am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/262 "2011-10-21T05:38:14Z")
perhaps there’s case law that defines things better, but there doesn’t seem to be anything in the statute (see post #190) tat rules out the charge. The weapon could be almost anything, and where it came from or how conveniently located it is doesn’t seem to be an element But, it seems as if the charge does require intent to use the weapon unlawfully. I think that might be the key for a defense, should it come to trial. What bugs me is that there were no assault or battery charges placed against the woman who hit him. ---
**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\ **Post date:** [October 21, 2011, 1:54pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/263 "2011-10-21T13:54:15Z")
> [@Boyo\_Jim](#): > > perhaps there’s case law that defines things better, but there doesn’t seem to be anything in the statute (see post #190) tat rules out the charge. I think your earlier “unlawyerly assumption” must be correct. > [@law in question](#): > > He possesses any […] dangerous or deadly instrument or weapon with intent to use the same unlawfully against another." This cannot reasonably be extended to include picking up any object to ward off an attack in progress. This would effectively criminalize old ladies who hit purse snatchers with their canes. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [October 21, 2011, 4:29pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/264 "2011-10-21T16:29:44Z")
> [@Larry\_Mudd](#): > > I think your earlier “unlawyerly assumption” must be correct.This cannot reasonably be extended to include picking up any object to ward off an attack in progress. This would effectively criminalize old ladies who hit purse snatchers with their canes. I agree with you, but it seems the assumption on the part of the prosecutors is that he picked up the thing with the intention of giving them a beat down. Or perhaps intent can change _during_ possession – even if he picked it up with intent to defend, when he “crossed the line” his intent became criminal and his possession of the rod/weapon became criminal. ---
**Author:** ![Lukeinva](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lukeinva/32/17872_2.png) [@Lukeinva](https://boards.straightdope.com/u/Lukeinva)\ **Post date:** [October 21, 2011, 5:10pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/265 "2011-10-21T17:10:18Z")
> [@Malthus](#): > > I still think this would go better with their “You deserve a break today” campaign. That is _so_ last millennium. “You deserve a beat-down today” is more 2012-ish. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [October 21, 2011, 6:54pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/266 "2011-10-21T18:54:25Z")
The statement released by the franchise owner: > [@](#): > > “I am extremely disturbed by the events captured on tape and am concerned for those injured. The actions of this individual are unacceptable and not characteristic of my employees. This individual no longer works for my organization. Operating safe, welcoming restaurants is my top priority…” I think McDonald’s needs a new slogan: “We welcome our slap-happy customer overlords!” ---
**Author:** ![devilsknew](https://avatars.discourse-cdn.com/v4/letter/d/4da419/32.png) [@devilsknew](https://boards.straightdope.com/u/devilsknew)\ **Post date:** [October 22, 2011, 7:19am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/267 "2011-10-22T07:19:54Z")
Well, there is also that quite delineated front of the shop, by limiting countertop. It is a quite distinct social and physical delineation. You encroach my “counterspace as a public employee” and there is an automatic threat, unless invited. This is any Clark’s nightmare. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [October 22, 2011, 10:27am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/268 "2011-10-22T10:27:50Z")
> [@devilsknew](#): > > . This is any Clark’s nightmare. Think Mr Kent might not have been too worried 🙂 ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 3, 2011, 6:39pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/269 "2011-12-03T18:39:23Z")
Grand Jury dropped the case. No charges filed 😃😃 This guy dodged a bullet with his prison record. Hope he finds another job and stays out of trouble. > **[McDonald's beatdown cashier cleared after 11 days of grand jury testimony](https://www.nydailynews.com/news/mcdonald-beatdown-cashier-freed-11-days-grand-jury-testimony-article-1.986141)** > > The McDonald’s cashier arrested for his supersized smackdown of two women who came around his counter to pick a fight has been cleared of all charges. As others said back in Oct. the guy was defending himself from two very belligerent customers. He did use excessive force, but under the circumstances I can see why charges were dropped. ---
**Author:** ![Justin\_Bailey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/justin_bailey/32/8792_2.png) [@Justin\_Bailey](https://boards.straightdope.com/u/Justin_Bailey)\ **Post date:** [December 3, 2011, 6:44pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/270 "2011-12-03T18:44:42Z")
> [@aceplace57](#): > > Grand Jury dropped the case. No charges filed 😃😃 That is amazing (and a little bit surprising). Glad to see that justice was served and the system worked. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [December 3, 2011, 6:59pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/271 "2011-12-03T18:59:37Z")
I just noticed this part. The two women are facing charges too. Which is more than fair. The guy had charges dropped but he’s been in Rikers since the incident. Probably couldn’t make bail. Glad he’s being freed. > [@](#): > > He was tossed in jail on assault and weapons charges. The women are facing charges of criminal trespassing, menacing and disorderly conduct. > > Read more: [McDonald’s beatdown cashier cleared after 11 days of grand jury testimony – New York Daily News](http://www.nydailynews.com/news/mcdonald-beatdown-cashier-freed-11-days-grand-jury-testimony-article-1.986141#ixzz1fV2KQscG) ---
**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\ **Post date:** [December 3, 2011, 8:30pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/272 "2011-12-03T20:30:28Z")
Good for him. Now let’s see if the indict the women, who were clearly the aggressors in this situation. Maybe it’ll teach them to behave themselves. ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [December 3, 2011, 9:37pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/273 "2011-12-03T21:37:06Z")
I’m glad to hear this and thanks for the update. ---
**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\ **Post date:** [December 4, 2011, 6:15pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/274 "2011-12-04T18:15:48Z")
> [@PunditLisa](#): > > Good for him. Now let’s see if the indict the women, who were clearly the aggressors in this situation. Maybe it’ll teach them to behave themselves. I would guess that they have convictions and suspended sentences in their future. I love this [comment](http://www.dnainfo.com/20111203/greenwich-village-soho/mcdonalds-beating-cook-rayon-mcintosh-elated-be-free) from the franchise owner: > [@](#): > > “I, along with my employees, are happy for Rayon and that he was released and cleared of all charges,” said Carmen Paulino, owner of the West 3rd Street franchise, in a statement Saturday. > > “Operating safe, welcoming restaurants is one of my top priorities,” he added, saying that security was added after McIntosh’s dustup. Meanwhile, [back in October](http://www.dnainfo.com/20111014/greenwich-village-soho/mcdonalds-cashier-caught-on-cell-phone-video-beating-unruly-customers): > [@](#): > > “I am extremely disturbed by the events captured on tape and am concerned for those injured. The actions of this individual are unacceptable and not characteristic of my employees. This individual no longer works for my organization,” he said. > > “Operating safe, welcoming restaurants is my top priority. I am fully cooperating with authorities in the investigation.” Yeah, thanks so much for the support. ---
**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\ **Post date:** [December 4, 2011, 11:29pm UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/275 "2011-12-04T23:29:09Z")
Well, whether you like it or not, they pretty much have to fire the guy to legally cover their asses. As well as to prevent any future revenge-oriented issues with friends or supporters of the two women. I just would have preferred a statement about how Rayon is part of the fabric of the community. 😃 ---
**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\ **Post date:** [January 12, 2012, 4:36am UTC](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693/276 "2012-01-12T04:36:38Z")
[Update](http://www.nydailynews.com/news/crime/women-mcdonald-fracas-quarreled-beatdown-amp-threatened-records-article-1.1004556) - Darbeau and Edwards plead not guilty to felony burglary. Apparently they threatened and berated cops and EMS workers, but the the whole article could be distilled to this: > [@](#): > > [Their lawyer, Harold Baker] maintains the women were the victims. He said McDonald’s employees provoked the dispute when a worker suggested a $50 bill the duo used to pay their tab was counterfeit. Staffers also hurled anti-gay epithets at the couple, he said. I do wish that wasn’t so paraphrased, because it’s the real meat, innit? The first bit is pretty idiotic; scrutinizing a fifty is hardly provocation, as it’s pretty much universal for fast food transactions. It will be interestomg to know if the second bit (abusive, homophobic treatment by staff) is any more substantial. > [@Chimera](#): > > I just would have preferred a statement about how Rayon is part of the fabric of the community. Late LOL. 😃 [Previous page](https://boards.straightdope.com/t/do-you-want-fries-with-that-mcdonalds-employee-beats-customers/599693.md?page=13)