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Bronx man facing manslaughter for the death of wife’s would-be rapist, has charges dropped

September 9, 2016  |  Posted by: Francesca Falzarano
Bronx man facing manslaughter for the death of wife’s would-be rapist, has charges dropped

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A crowd erupted in a Bronx courtroom on Wednesday when Mamadou Diallo, the man charged with manslaughter for fatally beating an attempted rapist who tried to attack his wife, was informed that he was free to go, thanks to the victim’s family intervening in the situation.

According to the New York Daily News, 61-year-old Diallo displayed little response when Judge Marc Whiten stated, “This matter is dismissed” and officially dropped the manslaughter and assault charges against him.

Nenegale Diallo, his wife, cried happy tears at the surprising announcement, which stemmed from the assistance of victim Earl Nash’s relatives.

Nash’s family wrote a letter that was read out loud to the court by ADA Jennifer Cruz, which indicated that the family didn’t want Mamadou Diallo to go to prison.

“We truly believe that both the Nash and the Diallo family have suffered a great deal of pain as a result of (the attack),” the letter read.

“While we cannot undue the damage that was done that evening, we hope to bring some closure not only to our family but the Diallo family as well. As such, we wholeheartedly recommend dismiss(ing) all charges against Mamadou Diallo,” it concluded.

Nash, a criminal with a previous history of addiction and mental health issues, was caught on surveillance footage trying to rape Nenegale Diallo in her Bronx apartment back on May 30th.

After fighting off Nash, the frightened woman had called her taxi driver husband, and Diallo arrived at the apartment with a tire iron in hand to save her. Security tape further indicates that Diallo began fighting Nash and chased him into the elevator.

Nenegale Diallo stated that she wanted to “say thank you to everyone” as she came out of the Bronx courthouse with her husband on Wednesday.

“I think they did the right thing because he was defending me, that’s what a husband does,” she said.

Her melancholy spouse didn’t have much to say as the two walked through a sea of journalists.

“I’m happy for the American justice, and it’s the best way in the world, that’s what I say,” he stated.

He also expressed his condolences to Nash’s relatives.

“I make condolences to the family of the guy who is dead. My religion doesn’t allow me to kill somebody,” he told reporters. “I don’t want to kill.”

The medical examiner ordered that Nash’s death was due to “cardiorespiratory complications” as a result of being struck in the head and neck, his “acute cocaine intoxication,” and a preexisting heart disease.

In their letter, Nash’s relatives said the man who attacked Nenegale Diallo was not the family member that they knew and loved.

Nash, who was the oldest of five children, cut hit promising college career short at Howard University to return to the city and take care of his dying mother and younger siblings, the family wrote.

In 1995, he found out that he was suffering from schizophrenia. However, but never sought the consistent treatment he needed, the family continued.

Diallo, whose cab license was suspended after his arrest, will be allowed to return to work once his paperwork is processed, officials reported.

“As soon as we see the disposition with proof that the charges have been dropped, he will be immediately reinstated,” said Allan Fromberg, a spokesperson for the Taxi & Limousine Commission.

Darcel Clark, Bronx District Attorney, stated that the decision not to pursue a grand jury indictment for manslaughter and assault charges was made after a meticulous investigation and lengthy discussions with the victim’s family.

“This case was a tragedy for all whose lives intersected in that Bronx building on the night of May 30th,” Clark said in a statement. “We have determined that no grand jury action is warranted. We are dismissing the assault and manslaughter charges.”

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