# Bronx man charged with assault after beating wife's would-be rapist to death with tire iron

**URL:** <https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233>\
**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:** 5

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 5:45pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/81 "2016-06-03T17:45:38Z")

</div>

> [@CarnalK](#):
>
> Delivering a _coup de grace_ is a cold blooded thing that is not required to show death was intended during the attack.

The fact remains that Diallo did not kill him when he had the opportunity to do so.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 6:00pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/82 "2016-06-03T18:00:02Z")

</div>

It doesn’t prove he didn’t intend to kill him while he was hitting him.

---

<div class="post-metadata">

**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [June 3, 2016, 6:03pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/83 "2016-06-03T18:03:52Z")

</div>

> [@Colibri](#):
>
> The fact remains that Diallo did not kill him when he had the opportunity to do so.

I do not understand this. The guys is dead, ain’t he? From blows delivered by Diallo?

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 6:06pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/84 "2016-06-03T18:06:32Z")

</div>

> [@Typo\_Negative](#):
>
> I do not understand this. The guys is dead, ain’t he? From blows delivered by Diallo?

He was still alive when Diallo was last with him. He died later in the hospital. If Diallo had definitely wanted him dead, he could have hit him in the head again.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 6:07pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/85 "2016-06-03T18:07:06Z")

</div>

> [@CarnalK](#):
>
> It doesn’t prove he didn’t intend to kill him while he was hitting him.

Why didn’t he kill him then? He had the power to.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 6:12pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/86 "2016-06-03T18:12:05Z")

</div>

Because, as I said, delivering a coup de grace on an unconscious man lying in a pool of blood is a cold blooded thing. I have little doubt that he was thinking the whole time “I am going to kill this guy” until the guy was utterly helpless. Then the fury drained out of him.

If I push someone off a cliff and just as he’s falling I try to grab him, am I innocent of committing murder?

---

<div class="post-metadata">

**Author:** ![Kimballkid](https://avatars.discourse-cdn.com/v4/letter/k/b5a626/32.png) [@Kimballkid](https://boards.straightdope.com/u/Kimballkid)\
**Post date:** [June 3, 2016, 6:18pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/87 "2016-06-03T18:18:56Z")

</div>

What I don’t understand is, why do people hit with a tire iron? Why not just use the pointy end and stab instead?

---

<div class="post-metadata">

**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\
**Post date:** [June 3, 2016, 6:29pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/88 "2016-06-03T18:29:54Z")

</div>

And why do tires need an iron? Won’t that just make them flat?

---

<div class="post-metadata">

**Author:** ![Kimballkid](https://avatars.discourse-cdn.com/v4/letter/k/b5a626/32.png) [@Kimballkid](https://boards.straightdope.com/u/Kimballkid)\
**Post date:** [June 3, 2016, 6:30pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/89 "2016-06-03T18:30:47Z")

</div>

Who wants wrinkly tires?

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 6:33pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/90 "2016-06-03T18:33:03Z")

</div>

> [@CarnalK](#):
>
> Because, as I said, delivering a coup de grace on an unconscious man lying in a pool of blood is a cold blooded thing. I have little doubt that he was thinking the whole time “I am going to kill this guy” until the guy was utterly helpless. Then the fury drained out of him.

Neither you nor I know his exact state of mind. Like I said, I don’t doubt he didn’t mind possibly killing him since he hit him in the head. But you don’t have evidence that his main aim was to kill the guy.

> [@](#):
>
> If I push someone off a cliff and just as he’s falling I try to grab him, am I innocent of committing murder?

If something was different, then it would be different.

> [@Kimballkid](#):
>
> What I don’t understand is, why do people hit with a tire iron? Why not just use the pointy end and stab instead?

You haven’t been in many street fights, have you? (Not that I have either.;))

I’ve never seen a tire iron that was sharp enough to be an effective spear. A tire iron makes a much more effective club. Besides that, it’s too short to use as a spear, since the target can more easily grab it or deflect.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 6:33pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/91 "2016-06-03T18:33:13Z")

</div>

> [@Kimballkid](#):
>
> What I don’t understand is, why do people hit with a tire iron? Why not just use the pointy end and stab instead?

Why don’t you and a buddy test this out? While you try to stab him with your tire iron, he tries to club you with his. Please come back and report your findings.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 6:37pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/92 "2016-06-03T18:37:36Z")

</div>

> [@Colibri](#):
>
> Neither you nor I know his exact state of mind. Like I said, I don’t doubt he didn’t mind possibly killing him since he hit him in the head. But you don’t have evidence that his main aim was to kill the guy.

Of course not. Without reading minds that is impossible. But watching the video of him immediately swinging at the guy’s head is as close as I need for a reasonable assumption

---

<div class="post-metadata">

**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [June 3, 2016, 6:42pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/93 "2016-06-03T18:42:05Z")

</div>

> [@Colibri](#):
>
> You haven’t been in many street fights, have you? (Not that I have either.;))
> 
> I’ve never seen a tire iron that was sharp enough to be an effective spear. A tire iron makes a much more effective club. Besides that, it’s too short to use as a spear, since the target can more easily grab it or deflect.

Right, while a tire iron with a good swing behind it brings in a lot more energy and will be harder to parry unless the opponent has, like, a bat or a length of steel pipe.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 6:45pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/94 "2016-06-03T18:45:38Z")

</div>

> [@CarnalK](#):
>
> Of course not. Without reading minds that is impossible. But watching the video of him immediately swinging at the guy’s head is as close as I need for a reasonable assumption

Fine. My assumption differs from yours. Like I said, he didn’t mind if he killed the guy. But the fact that he didn’t kill the guy when he could have to my mind says that his main intention was to fuck him up and stop him from getting away.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 6:51pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/95 "2016-06-03T18:51:19Z")

</div>

The guy was in an elevator. He could have stopped him from getting away by not letting the doors close. And fucking someone up with a tire iron to the head is close enough to wanting to kill him imho.

---

<div class="post-metadata">

**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 3, 2016, 7:04pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/96 "2016-06-03T19:04:28Z")

</div>

> [@Tom\_Tildrum](#):
>
> [Here](https://www.washingtonpost.com/news/morning-mix/wp/2016/06/03/he-mutilated-my-child-says-father-who-attacked-grinning-serial-killer-in-court/) is another case raising somewhat similar issues. The article says that “Prosecutors … are not sure if they will charge Terry for the courtroom incident.” My guess is no; no, they won’t.

I’d acquit that guy too (the father who jumped the table). I’d probably vote to acquit if the father did a whole lot worse than jumping a table in open court.

---

<div class="post-metadata">

**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 3, 2016, 7:05pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/97 "2016-06-03T19:05:31Z")

</div>

> [@CarnalK](#):
>
> The guy was in an elevator. He could have stopped him from getting away by not letting the doors close. And fucking someone up with a tire iron to the head is close enough to wanting to kill him imho.

And if Nash resisted Diallo’s attempt to prevent the door from closing? Nash appeared bigger, younger, and stronger than Diallo.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [June 3, 2016, 7:14pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/98 "2016-06-03T19:14:35Z")

</div>

> [@CarnalK](#):
>
> The guy was in an elevator. He could have stopped him from getting away by not letting the doors close.

How exactly was he going to do that? As pointed out, Nash was much bigger than he was (which can be seen in the video) and 18 years younger. If he had tried to hold the doors, he wouldn’t have been able to use the tire iron, and Nash could have attacked him and pushed him out. If he had tried to stick the tire iron between the doors, Nash could have pulled it in or shoved it out, and gotten away.

Really, given the size difference the only effective way he could have detained Nash was by a full on attack, which is what he did.

---

<div class="post-metadata">

**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 3, 2016, 7:17pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/99 "2016-06-03T19:17:05Z")

</div>

> [@Bone](#):
>
> And if Nash resisted Diallo’s attempt to prevent the door from closing? Nash appeared bigger, younger, and stronger than Diallo.

He was able to beat him to death. I suspect beating him back from the door would have been easier. Surely Nash resisted having his head smashed in as much as he would have resisted the doors being kept open.

Don’t get me wrong though, I’m totally ok with how this played out. If I was on the jury, this guy walks.

---

<div class="post-metadata">

**Author:** ![chorpler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chorpler/32/2888_2.png) [@chorpler](https://boards.straightdope.com/u/chorpler)\
**Post date:** [June 3, 2016, 7:17pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/100 "2016-06-03T19:17:17Z")

</div>

I wonder if Diallo _thought_ that Nash was about to attack him, since it looked like Nash was trying to get into the elevator right behind Diallo, then Diallo turned and immediately attacked. It looked pretty cramped in that video, and if I suddenly realized a guy who just tried to rape my wife was moving right behind me, I think my adrenaline would spike and I’d assume he was trying to kill me, not just trying to get away.

So assuming Nash was actually just trying to get away, but Diallo thought he was attacking and thought he was defending himself, is that a crime or is it self-defense?

Do we have any idea why Nash was even in this building?

[Previous 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=4)

[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=6)
