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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.