The Legal Aid Society condemned Staten Island District Attorney Michael McMahon and Richmond County Court for perpetuating the borough’s unequal justice system following the arrest and arraignment of Daniel Presti, the owner of Mac’s Pub who stands accused of openly defying COVID-19 restrictions, operating his establishment illegally, and recently slammed his car into a New York City sheriff causing serious injuries while trying to evade arrest.

For this, Presti was charged with second-degree assault, a felony offense and bail eligible, but was released on his own recognizance back to his family and community, according to Gothamist. Legal Aid is not calling on Mr. Presti to be jailed but points to this case as another example of a disparate legal system that benefits white New Yorkers with means over Black and brown New Yorkers. Legal Aid clients who face similar or even lesser charges are almost guaranteed to face extortionate bail and pretrial incarceration at Rikers Island or another City jail, especially when a member of law enforcement alleges bodily harm.

“While Mr. Presti, a white man who stands accused of assaulting a police officer with his motor vehicle, is at home with his family, able to continue operating his business and has unfettered access to his defense lawyers, thousands of equally presumed innocent Staten Islanders are sent to Rikers per year on far less serious charges,” said Marie Ndiaye, Supervising Attorney of the Decarceration Project at The Legal Aid Society.