Article here. Excerpt:

'Although the women got the worst of the confrontation — Ms. Darbeau was hospitalized for several days with a broken skull and arm; Ms. Edwards had many cuts and bruises — a grand jury indicted them and dropped assault charges against the employee, Rayon McIntosh, who argued self-defense.

The lawyer for Ms. Darbeau, 24, and Ms. Edwards, 25, called the charges against his clients a travesty.

“The only person that uses the weapon, the only person that uses criminal force in the case is basically off the hook,” the lawyer, Harold C. Baker III, said. “And the people who got beaten to within an inch of their life are under indictment. In my opinion, that’s not consistent with justice.”

Yet Mr. Baker’s clients have not engendered much sympathy.

The cellphone video shows one of the women striking Mr. McIntosh first, and then jumping over the counter to go after him. Mr. McIntosh grabbed a thin rod used to clean the griddle and delivered a dozen or so blows, some while the women were on the ground.

Mr. McIntosh was charged with felony assault and held in jail more than a week, but drew an outpouring of support, including the creation of a Facebook page, “Free Rayon McIntosh.” Mr. McIntosh maintained that the women yelled slurs at him and that he feared for his safety.

“McIntosh is at work, not looking for trouble,” his lawyer, Theodore M. Herlich, said in an interview. “If you watch the videotape, you see how these two thugs behave. They threw the first punch.”

The grand jury not only dropped the charges against Mr. McIntosh, but also elevated misdemeanor trespass charges against the women to third-degree felony burglary.'