Thursday, June 2, 2016

Charges? Hell, I'd buy him a beer . . .

I note with displeasure that a New York man is facing charges for defending his wife against the attack of a career criminal.

Bronx cabby Mamadou ­Diallo was looking for a parking spot outside his building when he got a call from his wife that filled him with shock and fury.

She said a stranger had just tried to rape her in their apartment — and was still upstairs.

Diallo grabbed a tire iron and did what most husbands in the same situation would do: He rushed to his wife’s aid and then bludgeoned the pervert.

The attack killed career criminal Earl Nash, 43 — and left Diallo facing assault and weapons charges Tuesday.

. . .

Surveillance footage shows Mamadou walk past Nash, but wheel around when Nenegale pointed him out as the attacker.

The enraged husband swung the weapon at Nash — driving him into the elevator. He followed with several more blows, in a beating that lasted up to two minutes, sources said.

Nash fought back with a belt, but the pounding left him with a fractured skull, sources said.

Emergency responders rushed Nash, who also had severe body trauma, to Lincoln Hospital, where he died from his injuries.

Diallo was initially charged with manslaughter by cops, but during his arraignment at Bronx Criminal Court, the charges were dropped to two counts of assault, harassment and criminal possession of a weapon.

“This was not an offense where the defendant committed an aggressive act,” defense attorney Anthony Michaels said. “This was an attack on his family, in his house under extreme circumstances.”

At the hearing, which was attended by more than a dozen members of Diallo’s family and mosque, prosecutors didn’t ask for bail, and instead said they would agree to whatever Judge Julio Rodriguez thought was best. He released Diallo on his own recognizance.

There's more at the link.

I know there are some who will argue that the husband's response was excessive;  that the assault on his wife had already ceased, and that therefore he should have let the police handle the situation.  To that I can only say that where I now live, the defense of "He needed killing!" is very widely recognized by both the law enforcement officers and agencies, and the citizens of the region - so much so that if the husband were facing those charges down here, not only would he be virtually guaranteed an acquittal in court, but the District Attorney who dared to bring such charges would probably be voted out of office at the very next opportunity.  Charges, indeed!



Gorges Smythe said...

I agree with you, but I noticed something - the words "family and MOSQUE." Am I to believe that a muslim didn't feel that anyone should rape HIS wife? How hypocritical. (And no, I don't believe there are "moderate" muslims, only quiet ones.)

Judy said...

Sigh...Gorges how many Muslims do you personally know? I know several, they hail from Iran, Iraq, and Pakistan. They all came here for an education and stayed because of our relative freedoms, all good people. I also know 'Christians' that are as violent as some of the Muslims we see in the news. No religious group is immune to violence and stupidity.

It is my understanding that you want to be charged and acquitted so that they can't come back after you at a latter date. Hence his being released in his own recognizance.

shugyosha said...

Mr. Smythe,

I happen to know a Muslim immigrant into the US... DSC, LRRP, US Army.

Take care.

Anonymous said...

It was excessive. Not that he should have let the would-be rapist go. And I don't mind that he used the tire iron to prevent him from fleeing the scene. So a severe beatdown to break resistance and immobilize him was justifiable. But killing him?

Mark said...

Since he wasn't there when the assault took place, how do we know she was telling the truth? There have been many stories in the past of an affair being covered up by claims of rape.

What if the wife lied? Dead men tell no tales I suppose.

Had he seen it with his own eyes, I couldn't fault him, but I think the law has to at least investigate.

Javahead said...

If the story happened as described, he deserves a good citizenship medal, not charges. Or possibly one for public sanitation.

LoFan John said...

I agree with previous commenters; and I think that you too, Mr. Grant, will when you think it over a little more. The husband must be charged. The incident must be investigated more thoroughly. Charges can be dropped; acquittals can be directed; but people must be reminded that there is an official justice system, or we encourage vigilantes. Remember how people jumped on George Zimmerman based on the first reports about him? I do.

Bruce said...

In my mind, at least, the question is were his actions justifiable based on the evidence available to him at the time? Initial reaction, yes. A 2+ minute long beating with a tire iron? That's tougher to defend...though extreme mental distress at having nearly had his wife raped would certainly way heavily on his side of the scales for me. Did he use the amount of force necessary to stop the threat, or did he exceed that amount of force to an unreasonable degree? Tough call, but, being the victim - and yes, a husband defending his wife from a rapist should be considered a victim - he gets the benefit of the doubt from me and would receive a not guilty vote from me.

Yes, it definitely needs to be investigated. It needs to be shown that there was no pre-existing animosity between these two (or three) individuals. It needs to be shown that a crime had been committed - that of the attempted rape; and if no instigating crime was committed, charges need to be brought against the wife. A full, fair, and complete investigation needs to be performed.

Gorges Smythe said...

As for the bleeding hearts in the crowd, may I remind you of the term "career criminal." It would have been interesting to know his race, but of course, I'll be called a racist for even wondering. As for how many muslims that I know personally, none, but I've read enough of the Koran to know that NO MORAL PERSON can be of that so-called "religion."

Cathy said...

@ Mark
As the cabdriver's sister was in the apartment with the wife at the time of the attempted assault, I doubt the wife is trying to hide an affair. Who cares what religion anyone was, he protected his wife, which is what he should do. Good for him. He removed a career criminal from society in the process. All the better.

Dan Lane said...

Did he deserve a beating? Not just yes but HECK YES. Did he deserve to die? I'll not be shedding a tear. To Mark, had I the good fortune to be married myself, I would believe my wife *unconditionally* if she said the same. There may be exceptions in other marriages, but I would not remain with someone I couldn't trust.

I no longer drink, but I'll be raising a non-alcoholic glass in his honor nonetheless.

m4 said...

@Gorges: You've probably not read enough of the bible then.

JohninMd.(HELP?!??) said...

Of course, it is in the interest of the authorities to not encourage vigilante-type behavior....the citizens might start thinking for tbemselves! So charges _must_ be brought -- I would suggest littering, perhaps.. or failure to place trash in the proper receptacle....

Odysseus said...

To my mind the jury system is supposed(key word) to inject some humanity into the criminal justice system. A basic gut check of common standards no matter what a law says, to proof against legal technocrats.

One reason I'm always hesitant to second guess jury trials is a worry that there was a key detail missed even in through reporting of criminal matters. Alas my plummeting faith in my fellow man has me rethinking this.

Gorges Smythe said...

Yes, m4, I have, and do. Have you ever STUDIED the New Testament?

STxAR said...

Knowing three people from a data set of over a billion is not data, it's anecdotal. Keep to the issue.

Does a man have a right or responsibility to protect the weak i.e. those who are unable to defend themselves, those who he is responsible for? My study of scripture says that is one responsibility of the strong.

What we have is a glaring contrast: Mr. Diallo, who used his strength to protect the weak and Mr. Nash who used his strength to prey on the weak... oh, and the people of NY who coddle those who prey on the weak and punish those who would protect the weak.

19 prior arrests paints a picture of contempt of civilization to me.
61 year old self employed Lyft driver paints a picture of responsibility to me.
51 year old woman who looks to her husband for help and protection is a beautiful thing to me. A man protecting his family is just and honorable.

As that great commentator on culture once said, "It's... what I do that defines me." I don't know Mr. Diallo, but I sure understand what he did... maybe even why. I don't know Mr. Nash, but his record shouts out loud.