# Bronx man charged with assault after beating wife's would-be rapist to death with tire iron **URL:** \ **Category:** The BBQ Pit\ **Created:** [June 1, 2016, 2:14pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233 "2016-06-01T14:14:08Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [June 1, 2016, 2:14pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/1 "2016-06-01T14:14:08Z")
[Story here](http://www.nydailynews.com/new-york/bronx/bronx-man-beats-would-be-rapist-attacked-wife-death-article-1.2655389) What would you do in this situation? ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [June 1, 2016, 2:22pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/2 "2016-06-01T14:22:56Z")
I would beg my husband to stop before he killed the guy and ended up in prison! ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [June 1, 2016, 2:26pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/3 "2016-06-01T14:26:56Z")
Assuming the story is true, I think it’s extremely unlikely that they’ll get a guilty verdict. IANAL but would guess that unless evidence comes up that disputes Diallo’s story, the prosecutors will probably drop the case. Not that my guesses are probably worth much. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [June 1, 2016, 2:49pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/4 "2016-06-01T14:49:08Z")
> [@Annie-Xmas](#): > > [Story here](http://www.nydailynews.com/new-york/bronx/bronx-man-beats-would-be-rapist-attacked-wife-death-article-1.2655389) > > What would you do in this situation? I’d dodge the blows as best I could while trying to take the tire iron away from him. ---
**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\ **Post date:** [June 1, 2016, 2:49pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/5 "2016-06-01T14:49:35Z")
He should get a medal. At least. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [June 1, 2016, 2:51pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/6 "2016-06-01T14:51:13Z")
> [@iiandyiiii](#): > > Assuming the story is true, I think it’s extremely unlikely that they’ll get a guilty verdict. IANAL but would guess that unless evidence comes up that disputes Diallo’s story, the prosecutors will probably drop the case. Or possibly plea bargained down to something with probation and counseling but no prison time and no felony on his record. I doubt that either side would want this heading trial. ---
**Author:** ![Pylesos](https://avatars.discourse-cdn.com/v4/letter/p/9fc348/32.png) [@Pylesos](https://boards.straightdope.com/u/Pylesos)\ **Post date:** [June 1, 2016, 3:02pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/7 "2016-06-01T15:02:17Z")
Beating him to death with tire iron? Why couldn’t he just have shot the guy? ---
**Author:** ![Pylesos](https://avatars.discourse-cdn.com/v4/letter/p/9fc348/32.png) [@Pylesos](https://boards.straightdope.com/u/Pylesos)\ **Post date:** [June 1, 2016, 3:03pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/8 "2016-06-01T15:03:20Z")
Oh, nevermind, this was NYC, of course… ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [June 1, 2016, 3:19pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/9 "2016-06-01T15:19:57Z")
I probably shouldn’t express an opinion until more facts have been established. OTOH, I am often struck by unseemly giggles by deadpan reporting like this - > [@](#): > > Williams, a longtime pal of Nash, said the dead man was like a brother. > > “He was one of a kind,” said Williams, 45. “I can’t say anything bad about that gentleman.” Perhaps Mr. Williams couldn’t say anything bad about him, but > [@](#): > > Law enforcement offered a more menacing picture, citing the dead man’s 19 prior arrests. He was released from prison in July after serving nine years for bribery and drug possession. > > _snip_ > > His previous arrests included drugs, arson, unlawful imprisonment, robbery and assault. In one particularly heinous 2003 case, he pleaded guilty to unlawful imprisonment for holding a 17-year-old girl captive for two days. > > Authorities said the teen was sexually abused, stabbed and beaten — suffering a black eye, lacerations and a dislocated shoulder. But apart from that, he was a real gentleman. Regards, Shodan ---
**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\ **Post date:** [June 1, 2016, 3:21pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/10 "2016-06-01T15:21:34Z")
Well, I mean, he _did_ assault the guy. The guy was leaving, so it’s not like the husband interrupted the attack on his wife. Sexual assault, while terrible, is not punishable by the death sentence. And even if it was, individuals are not entitled to inflict it on people - even guilty people - walking down hallways. He can probably claim self defense if the two men were fighting. And he’ll probably get off because of that. And I’m mostly ok with that. But I can’t actually disagree with his being arrested. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [June 1, 2016, 3:23pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/11 "2016-06-01T15:23:01Z")
He says he was attacked by a man who tried to kill and rape his wife. I wouldn’t have hit him in the head like that, the one blow probably knocked him out, I would have used the tire iron to slowly break every other bone in his body first, then only dispatch him with a blow to the head to save the state some money. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [June 1, 2016, 3:34pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/12 "2016-06-01T15:34:31Z")
He’s allowed to use reasonable force to perform a citizens arrest. In the case of arresting someone who just committed a violent assault, tire iron to the face does not seem excessive. This should go in the “no jury in the world” category. ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [June 1, 2016, 3:48pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/13 "2016-06-01T15:48:33Z")
You think he hit him once, **Bone**? > [@TriPolar](#): > > He says he was attacked by a man who tried to kill and rape his wife. I wouldn’t have hit him in the head like that, the one blow probably knocked him out, I would have used the tire iron to slowly break every other bone in his body first, then only dispatch him with a blow to the head to save the state some money. Yeah, but you’d hypothetically be so deranged with hypothetical grief and anger that most would probably hypothetically forgive enacting a hypothetical insane torture fantasy that no reasonable person would spend time on except in that hypothetical extreme situation. So don’t worry too much about it. ---
**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\ **Post date:** [June 1, 2016, 3:52pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/14 "2016-06-01T15:52:15Z")
> [@Pylesos](#): > > Beating him to death with tire iron? Why couldn’t he just have shot the guy? Kids today. Always in a rush. …Some things just need to be done by hand, for that personal touch. ---
**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\ **Post date:** [June 1, 2016, 4:10pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/15 "2016-06-01T16:10:21Z")
I could see the point for jury nullification if this does make it in front of a jury. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [June 1, 2016, 4:12pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/16 "2016-06-01T16:12:35Z")
> [@TriPolar](#): > > He says he was attacked by a man who tried to kill and rape his wife. I wouldn’t have hit him in the head like that, the one blow probably knocked him out, I would have used the tire iron to slowly break every other bone in his body first, then only dispatch him with a blow to the head to save the state some money. Dude got off easy in that he died quick. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [June 1, 2016, 4:15pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/17 "2016-06-01T16:15:29Z")
> [@Jimmy\_Chitwood](#): > > You think he hit him once, **Bone**? I don’t know. Apparently he succumbed to his wounds in the hospital - so from that I conclude he didn’t die immediately. He could have continued to present a threat after repeated strikes. I wouldn’t quibble over the difference between one strike or 5. Detached reflection is not required in the presence of an uplifted knife and all that. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [June 1, 2016, 4:36pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/18 "2016-06-01T16:36:09Z")
I can’t figure out why the charges were reduced from manslaughter to assault. Manslaughter basically covers crime-of-passion killings, and he killed the guy at least arguably in the heat of passion. There may be a valid self-defense claim here, but that would apply to assault as well as to manslaughter. Maybe the prosecutors were trying to make it easier for him to get released on recognizance without having to post bail. Interesting that his name is Mamadou Diallo. It’s eerily reminiscent of the famous case of Amadou Diallo, victim of an exceedingly unjustified [killing](https://en.wikipedia.org/wiki/Shooting_of_Amadou_Diallo). ---
**Author:** ![Gary\_Kumquat](https://avatars.discourse-cdn.com/v4/letter/g/4491bb/32.png) [@Gary\_Kumquat](https://boards.straightdope.com/u/Gary_Kumquat)\ **Post date:** [June 1, 2016, 5:54pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/19 "2016-06-01T17:54:10Z")
> [@Annie-Xmas](#): > > What would you do in this situation? Conclude your justice system is working well. Whatever the de facto provocation was, someone died from a beating and it’s good that a jury decides if it was just. ---
**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\ **Post date:** [June 1, 2016, 5:57pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/20 "2016-06-01T17:57:05Z")
I’d do the same thing as him. Actually I’d make it last longer with no regrets. [Next page](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233.md?page=2)