. >> reporter: this is the man looking to put shanine in prison, atlanta county prosecutor jim mclean, the very same man who chose not to prosecute ray rice. rice was charged in the same county with aggravated assault. he pleaded not guilty and applied for a special intervention program that gives arrestees a chance to wipe their record clean. in may, prosecutor mcclain approved rice for that program. the pretrial intervention program, or pti as it's called, allows first-time offenders to avoid prison and probation. those accepted into the program have to get counseling, do community service, and stay out of trouble. once the program is complete, all charges are dropped. rice was facing up to five years in prison when he got into the program. shanine is facing more than double that. yet a month before clearing ray rice for the pti program prosecutor mcclain refused shanine's request to enter the same program. >> why do you think the prosecutor denied you access into the program? >> he's trying to be tough on guns. and using me as an example. the pti program was for first-timers and th