# 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:** 6

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**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, 7:19pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/101 "2016-06-03T19:19:55Z")

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> [@CarnalK](#):
>
> 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.

We are well into speculation territory here, but I think that if Diallo’s actions were focused on holding open the door, he wouldn’t be able to focus on Nash. That’s enough to say that simply because he was able to overcome Nash while using a weapon does not necessarily mean he’d be able to do the same while also holding the door.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 3, 2016, 7:20pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/102 "2016-06-03T19:20:59Z")

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> [@chorpler](#):
>
> 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?

Ideally, a person invoking self-defense should have to produce some evidence to show he had some reasonable grounds for feeling threatened. But in the real world, this principle has grown very weak.

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**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, 7:27pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/103 "2016-06-03T19:27:53Z")

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> [@Colibri](#):
>
> 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.

I’m sorry, but this does not play. “I know I stabbed\shot\poisoned him, but he was alive _when I left him_. Therefore you cannot say I wanted him _dead_”.

Multiple blows to the head with a tire iron is intent to kill.

Not that I have a problem with that. If he had assaulted my wife, I would have done the same.

For me, its just that some of the details in the story are a little too convenient. Not that they didn’t happen that way, but it gives me pause.

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**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, 7:30pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/104 "2016-06-03T19:30:41Z")

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> [@Bone](#):
>
> We are well into speculation territory here, but I think that if Diallo’s actions were focused on holding open the door, he wouldn’t be able to focus on Nash. That’s enough to say that simply because he was able to overcome Nash while using a weapon does not necessarily mean he’d be able to do the same while also holding the door.

All you have to do to hold an elevator is stand there with one foot on the threshold. From what I saw there wasn’t a second of conversation. If Diallo stood with his foot in the elevator door and said “if you come one inch closer Ill smash your head in”, I could believe he was trying to “stop him from escaping”. As it was, I saw immediate full throttle attack. Again, I don’t blame the guy.

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**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, 7:58pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/105 "2016-06-03T19:58:12Z")

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> [@CarnalK](#):
>
> All you have to do to hold an elevator is stand there with one foot on the threshold.

Depends on the elevator. I’ve encountered elevators where it require you to physically hold the door before it will reopen. And this was an elevator in a crappy part of the South Bronx.

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**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, 8:42pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/106 "2016-06-03T20:42:51Z")

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> [@Colibri](#):
>
> Depends on the elevator. I’ve encountered elevators where it require you to physically hold the door before it will reopen. And this was an elevator in a crappy part of the South Bronx.

You are saying that you’ve encountered elevators in an American city that will close with something in the doorway and allow it to begin going up or down?

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**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, 8:56pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/107 "2016-06-03T20:56:59Z")

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> [@CarnalK](#):
>
> You are saying that you’ve encountered elevators in an American city that will close with something in the doorway and allow it to begin going up or down?

You said “with one foot on the threshold.”

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**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, 9:01pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/108 "2016-06-03T21:01:36Z")

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Sorry, you’re just not describing a feasible or reliable way to hold someone we know is violent at bay and prevent them from escaping.

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**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, 9:14pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/109 "2016-06-03T21:14:19Z")

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Yeah I am. You put one foot in the door’s path and if he makes a move towards you then you proceed to beat him to death with the tire iron. Same thing he showed himself capable of only sans the warning.

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**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, 9:43pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/110 "2016-06-03T21:43:38Z")

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He also could have smashed the guy’s knees instead of his head if it was truly his intent to stop his escape.

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**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, 9:50pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/111 "2016-06-03T21:50:09Z")

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> [@CarnalK](#):
>
> Yeah I am. You put one foot in the door’s path and if he makes a move towards you then you proceed to beat him to death with the tire iron. Same thing he showed himself capable of only sans the warning.

There’s lots of things he could have done, but not without putting himself at a great deal of risk from a larger, stronger, younger guy who had already shown himself capable of violence.

> [@CarnalK](#):
>
> He also could have smashed the guy’s knees instead of his head if it was truly his intent to stop his escape.

This is particularly ridiculous. Bending down to go after his knees would make you extremely vulnerable to attack, especially from a much taller person. Only an idiot would try such a move.

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**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, 10:11pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/112 "2016-06-03T22:11:57Z")

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> [@Colibri](#):
>
> This is particularly ridiculous. Bending down to go after his knees would make you extremely vulnerable to attack, especially from a much taller person. Only an idiot would try such a move.

Please don’t pretend you are some fight expert. Attacking someone’s knees is not some harebrained untested strategy. Especially after you’ve already scored a couple headshot and likely the guy was on the ground in the elevator by the end.

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**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, 10:28pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/113 "2016-06-03T22:28:54Z")

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And to play Devil’s advocate, I should note that the video shows the wife and brother were clearly lying when she told the reporters

> [@](#):
>
> Diallo’s wife told The News that Nash landed the first blow, kicking at Diallo.
> 
> “He was protecting himself,” declared his younger brother Ibrahima Diallo, 52.

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**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 4, 2016, 1:46am UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/114 "2016-06-04T01:46:29Z")

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Remember that his intent (i.e., to kill or not) is only relevant if they decide to charge him with a crime, in deciding which crime to charge. It’s irrelevant to any justification defense, which will turn upon whether the use of deadly force met certain objectively reasonable criteria.

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**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 4, 2016, 2:40am UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/115 "2016-06-04T02:40:13Z")

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😕 The article said he’s been charged.

> [@](#):
>
> Mamadou Diallo, 61, was initially charged Tuesday with manslaughter, despite his claims of self-defense in the attack in the Claremont Village apartment building. The charges were later reduced to assault, although prosecutors said they could be upgraded as the investigation continues.

But yeah it’s still a little up in the air.

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**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:** [September 7, 2016, 10:29pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/116 "2016-09-07T22:29:36Z")

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[Charges Dropped Against Mamadou Diallo, Husband Who Fatally Beat Man Who Tried To Rape His Wife](http://newyork.cbslocal.com/2016/09/07/mamadou-diallo-charges-dropped/)

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**Author:** ![TheStake](https://avatars.discourse-cdn.com/v4/letter/t/ecae2f/32.png) [@TheStake](https://boards.straightdope.com/u/TheStake)\
**Post date:** [September 8, 2016, 12:00pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/117 "2016-09-08T12:00:20Z")

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That is fantastic.

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**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\
**Post date:** [September 8, 2016, 12:09pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/118 "2016-09-08T12:09:34Z")

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I guess Nash’s family apparently didn’t share Gregory (Gucci) Williams’s opinion about the deceased.

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**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\
**Post date:** [September 8, 2016, 1:07pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/119 "2016-09-08T13:07:21Z")

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A few years ago, there was a guy here in Texas that was throwing a house party. During the party, he caught one of the guest trying to molest his son. He (the father) subsequently killed the guy.  
The DA never pressed charges and the father was heralded a hero on the local news stations.

I know lots of folks like ton make fun of Texas, but once in a blue moon, Texas can be pretty damn cool place to live.

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**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:** [September 8, 2016, 1:42pm UTC](https://boards.straightdope.com/t/bronx-man-charged-with-assault-after-beating-wifes-would-be-rapist-to-death-with-tire-iron/756233/120 "2016-09-08T13:42:36Z")

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Y’see, everything worked out well in the end and even family members of the deceased supported the dropping of charges. Good. Now give him back his cab license so he can get back to work.

Still, some people’s feeling that a justified use of deadly force should not be questioned or investigated but simply congratulated at face value on the spot does not enthuse me and never will.

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