I think McCluskey was done with Michael after he broke his jaw. I don't think he intended to arrest him. No need to, in McCluskey's mind.
But, if he'd been arrested for the murder of Mac and Sol, Michael would have been a dead man before he reached a police station or a court--"killed resisting arrest" or some such euphemism. Happened all the time in NYC in the Forties.


Ntra la porta tua lu sangu � sparsu,
E nun me mporta si ce muoru accisu...
E s'iddu muoru e vaju mparadisu
Si nun ce truovo a ttia, mancu ce trasu.