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.