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Forums - General Discussion - Man charged for beating wife's would-be rapist to death

hershel_layton on 02 June 2016

http://www.cnn.com/2016/06/01/us/bronx-manslaughter-wife-rapist/index.html

 

Diallo told police he received a frantic phone call Monday night from his wife, saying a man was inside their Bronx apartment and was attempting to rape her.
Nenegale Diallo, 51, told investigators she was home with her cousin when she heard a knock on the door. When she opened it, a man forced his way inside, exposed himself and attempted to remove her clothing, she said.
The cousin came to her aide and attempted to help fight off the assault, according to a law enforcement source. The wife was able to break free of the suspect and used a cell phone to call her husband.
Mamadou Diallo raced home, took the elevator to the sixth floor and found Earl Nash, 43, in the hallway. Police say Diallo then attacked Nash and beat him severely.
When police arrived, Nash was unresponsive and had suffered severe trauma to his head and body. He was taken to Lincoln Hospital, where he later died from his injuries, according to the NYPD.
I don't know what to say about this. Thoughts?


 

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12/22/2016- Made a bet with Ganoncrotch that the first 6 months of 2017 will be worse than 2016. A poll will be made to determine the winner. Loser has to take a picture of them imitating their profile picture.

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LuckyTrouble on 02 June 2016
BraLoD said:
Isn't that legit defense?
If someone is going to rape your wife beating him senseless should not make you a criminal.

The problem is that it sounds like the assault was no longer in progress by the time the husband arrived. I won't pretend to be a lawyer here, but legally speaking, beating the man to death could be considered aggravated assault and manslaughter if he really was just loitering outside the apartment at that point.



 

TallSilhouette on 02 June 2016
LuckyTrouble said:
BraLoD said:
Isn't that legit defense?
If someone is going to rape your wife beating him senseless should not make you a criminal.

The problem is that it sounds like the assault was no longer in progress by the time the husband arrived. i won't pretend to be a lawyer here, but legally speaking, beating the man to death could be considered aggravated assault and manslaughter if he really was just loitering outside the apartment at that point.

More or less.

Believe it or not I was actually involved in a similar home invasion just last year where a fat ugly naked man hopped up on PCP tried to assault and rape me. Being a big and fairly fit guy I managed to fight him off and restrain him until the cops arrived without much harm on either side. Crazy and potentially dangerous as the situation was, once I had him pinned and the immediate threat over I would not have been in my rights to harm him any further. Now, I understand this situation was probably more dangerous and the husband deeply concerned about his wife, but if the immediate threat is over anything beyond subduing him is for the authorities. Then again, Bronx and all...



Ali_16x on 02 June 2016

You should be allowed to kill a man if he tries to rape your wife.



"There is only one race, the pathetic begging race"

TallSilhouette on 02 June 2016
BraLoD said:

How was he supposed to know? 

Is the suspect actively attacking someone? If not, then you should not beat him to (or near) death, however much you might want to.



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Teeqoz on 02 June 2016
BraLoD said:
Isn't that legit defense?
If someone is going to rape your wife beating him senseless should not make you a criminal.

It's excessive force as fuck. It's like hunting birds with a fucking cannon. Can't believe people think the husband was in the right. You are allowed to use the necessary amount of force to protect yourself (or someone else), nothing more. Clearly the husband used waaaaay more force than that.



SvennoJ on 02 June 2016
TallSilhouette said:
LuckyTrouble said:

The problem is that it sounds like the assault was no longer in progress by the time the husband arrived. i won't pretend to be a lawyer here, but legally speaking, beating the man to death could be considered aggravated assault and manslaughter if he really was just loitering outside the apartment at that point.

More or less.

Believe it or not I was actually involved in a similar home invasion just last year where a fat ugly naked man hopped up on PCP tried to assault and rape me. Being a big and fairly fit guy I managed to fight him off and restrain him until the cops arrived without much harm on either side. Crazy and potentially dangerous as the situation was, once I had him pinned and the immediate threat over I would not have been in my rights to harm him any further. Now, I understand this situation was probably more dangerous and the husband deeply concerned about his wife, but if the immediate threat is over anything beyond subduing him is for the authorities. Then again, Bronx and all...

Hmm, I dunno. I wouldn't go looking for the tire iron first. Sounds more like revenge. Then again, Bronx, perhaps tire irons are laying around in the hallway.



Teeqoz on 02 June 2016
BraLoD said:
Teeqoz said:

It's excessive force as fuck. It's like hunting birds with a fucking cannon. Can't believe people think the husband was in the right. You are allowed to use the necessary amount of force to protect yourself (or someone else), nothing more. Clearly the husband used waaaaay more force than that.

Excessive force? That's hard to judge, defending yourself is way easier to judge, but to make someone incapable of hurting a beloved it's hard to.
People should try to put themselves in the situation, if your wife (or mother, or anything like that) calls you in panic saying a maniac invaded your house and it's trying to rape her I don't think anyone would be calmly and thinking straight, once he got there he hould undoubtly attack the guy to protect that person.

Anyway, it might have been already settled and he wanted to charge his anger anyway, then got to beat up the guy even unneed, but even so, try listening to someone you love crying to you saying it's about to be raped and try to be cool, that just isn't real, rarely someone would hold itself.

No, it's not hard to judge. When he's outside in the hallway, it's pretty easy to see that he's unable to hurt anyone, so it's absolutely excessive force.

Also, if you actually beat someone to death by inducing severe trauma to both head and body, you can't just have done that by accident while trying to knock him out or subdue him. You have to have been aggressively attacking him. I don't feel sorry for the husband, he should get charged. Simple as that. I don't care if he did it in a fit of rage because his wife had called and asked for help. He murdered the guy and used much much more force than neccesary to protect his wife from the situation.



michael_stutzer on 03 June 2016

A lot of people dies from just a single punch. He may have beat him for half and hour or he may have landed a strong punch, hard to know for sure.

Even then, even he is not actively attacking someone, you never know if he is going to pull up a knife or something, I wouldn't stop until he is completely harmless as well.



Azuren on 03 June 2016
Teeqoz said:
BraLoD said:
Isn't that legit defense?
If someone is going to rape your wife beating him senseless should not make you a criminal.

It's excessive force as fuck. It's like hunting birds with a fucking cannon. Can't believe people think the husband was in the right. You are allowed to use the necessary amount of force to protect yourself (or someone else), nothing more. Clearly the husband used waaaaay more force than that.

No such thing for excessive force against someone trying to rape someone you love. The only mistake that seems to be made here is he didn't kill the fuck in his apartment, which would classify as Castle Law and protect the husband (assuming New York isn't a total shithole and doesn't allow people to defend themselves with deadly force in their own homes).



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