Rachel Edwards, one of two women who vaulted the counter of a Greenwich Village McDonald's in October, appeared in Manhattan Criminal Court Dec. 8, 2011. (DNAinfo/Andrea Swalec)

By Sonja Sharp and Andrea Swalec

DNAinfo Staff

MANHATTAN SUPREME COURT — A grand jury that cleared a Greenwich Villa...attack him voted Thursday to indict the women in the incident, which was caught on a shocking cell phone video.

Denise Darbeau and Rachel Edwards, both 24, were initially charged with misdemeanor trespass in the Oct. 13 incident at the West 3rd Street McDonald's, but the charges were later increased to burglary, a felony, which in this case meant that they allegedly entered the fast food restaurant with intent to commit a crime, their lawyer said.

Staff cook Rayon McIntosh, 31, had been charged with felony assault, but the charges against him were dropped Dec. 2 after the grand jury said they believed he acted in self-defense. The incident, first reported by DNAinfo, was caught on cellphone video that went viral.

Darbeau and Edwards stood stone faced as the Assistant District Attorney Jaime Mendoza announced the grand jury's vote. Darbeau suffered a fractured skull during the incident, and had to have 20 staples in her head, her family said. Edwards' arm was also injured in the incident.

"The people are filing for certification of grand jury action," Mendoza said in court on Thursday.

Defense attorney Harold Baker, who represents both women, called the indictment "ridiculous."

"Certainly, I don't believe they'll be convicted of that," Baker said. "The DA won't be able to prove intent of a burglary. Their actions don't rise to the level of a burglary."

Baker, who penned a lette...grand jury, said his clients have received "harassing" phone calls since the incident.

The women were allowed to remain free without bail pending the grand jury indictment arraignment Jan. 11.

Darbeau, Edwards and McIntosh all have criminal histories. Darbeau was charged last year with stealing $350 while she worked the cash register at a Harlem H&M. Edwards currently faces misdemeanor harassment and aggravated harassment charges in Brooklyn for allegedly making multiple...t messages to her first cousin, according to sources and court records obtained by DNAinfo.

McIntosh served 11 years in prison for accidentally killing a friend during a confrontation with another group of young men.

His former boss at McDonald's released a statement Thursday, saying he and his employees "are happy for Rayon and that he was released and cleared of all charges."
"I am confident that the New York criminal justice system will work to ensure that those who have committed a crime will be
dealt with appropriately," McDonald's franchise owner Carmen Paulino said in a statement.

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MANHATTTAN — An attorney for the two women caught on cell phone vide...s employee wants prosecutors to withdraw their case from a grand jury, he told DNAinfo.

Harold Baker, who represents Denise Darbeau and Rachel Edwards, both 24, believes their cases were unfairly handled because their charges were brought before the same grand jury that declined to indict McDonald's cook Rayon McIntosh on assault charges on Friday. They may not learn of the result of the grand jury vote until their next court appearance on Dec. 8.

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Though McIntosh testified in his own defense, Baker said the women declined to do so, as they would have had to waive their immunity.

The women were initially charged with misdemeanor trespass, but may now see their charges increased to include felony burglary, which in this case means entering a property with an intent to break the law, he said.

"The DA's office basically made it seem to the grand jury that the actions of all the individuals were on an equal playing field — which they're not," Baker said.

"The actions of my client, in maybe going over the counter, although unfortunate, does not rise to the level of the behavior of Mr. McIntosh," Baker added. "I still believe what he did was unjustifiable,"

The grand jury declined to indict McIntosh on Friday, telling prosecutors that they believed his actions were taken in self-defense, Assistant District Attorney Jaime Mendoza said last week.

A spokesperson for the Manhattan DA's office declined to comment on the case Tuesday.

According to witnesses and a cell phone video first posted by DNAinfo, Darbeau grew irate after a colleague of McIntosh checked the validity of her $50 bill.

After demanding her chicken be "extra crispy," she started verbally attacking McIntosh's coworker and then tried to slap McIntosh in the face before jumping over the counter. She was shouting racial slurs and threatening to "cut" McIntosh, he later said.

But Baker, an attorney for the women, said prosecutors were attempting to "overcharge" his clients by seeking an indictment on felony burglary. They were initially charged only with criminal trespass.

Baker also said he was concerned for the women's safety now that there was no order of protection against McIntosh requiring he stay away from them and that so many online supporters of McIntosh have written that the women "deserved it" along with other heated messages of support for the cook.

Darbeau suffered a fractured skull in the beating and Edwards had minor injuries, prosecutors said.

McIntosh, who was fired by McDonald's, told DNAinfo he plans to sue the fast food chain.

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