Genesee News

After a video of a customer beating a Macy's employee in Flint went viral, political activist Mike Cernovich tweeted that Genesee County Prosecutor David Leyton's failure to seek prosecution of the alleged assailant was a "dishonest, repulsive” travesty of justice.

“It’s literally a violent felony to head-stomp one, even if they said a bad word to you,” Cernovich said in another tweet, referring to an as-yet-unproven accusation that the Macy’s store employee had used a racist slur overheard by his assailant, which prompted the attack.

Cernovich is a California filmmaker who has been described as an activist, a right-wing anti-feminist, social media personality and conspiracy theorist.

Leyton said at a press conference on June 23 that he did not have enough information to proceed with charges.

“I will make a fair and just decision regarding charging or not charging after I have all the information,” Leyton said, according to a transcript of the press conference.

The incident occurred at the Macy’s store in Flint Township's Genesee Valley Center on June 15.

The alleged assailant fled the store with another man, who is thought to have recorded the viral video.  

The Flint Township Police Department identified the two men as Damire Palmer, 18, and Damarquay Palmer, 22, both of Flint Township. Neither man has been arrested in the incident. 

It remains unclear if an alleged racial slur by the store employee prompted the beating. In the video, the Macy’s employee is prone on the ground as he is being punched repeatedly and says “I’m sorry” to his assailant.

The video prompted President Trump to ask on Twitter where the protestors were after the store beating. He inferred that it was a double standard after the protests in the wake of the killing of George Floyd in Minneapolis in May. Critics of the president have accused him of seeking to exploit racial tensions for his own political gain.

However, at the press conference, Leyton indicated he was proceeding in the proper manner.

Leyton said the video did make it seem like the attack was unprovoked but reiterated that information in the case needed to be gathered before proceeding with an indictment. Asked about whether the store employee made an inappropriate racist remark triggering the attack, Leyton said that’s what he wanted to find out.

“We don’t have all the information; that's why we've asked the police to gather us some additional witness statements and additional documents, and then and only then will we make  a decision," he said. "We want to talk to more witnesses to see what they saw, what they heard; we want to get a complete picture. Haste makes waste, and we're going to do everything we can to make sure it's fair and just for all people concerned.”

Leyton said the video originally posted on Facebook, but has since been made unavailable, and an in-store video would be scrutinized for clues.