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flatbutt's Avatar
 
Join Date: Nov 2002
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This case may be interesting.

Husband charged with beating wife's would-be rapist to death - CNN.com

By all means protect your family from assault, especially when the assault is active. But if I read this article correctly Diallo found the perp in the hallway, attacked and beat him to death. I'll be interested in what the DA does next.

Since the perp was out of the apartment when Diallo got there was Diallo justified in attacking him?

It's early days so more info is sure to come.

...."Diallo told police he received a frantic phone call Monday night from his wife, saying a man was inside their Bronx apartment and was attempting to rape her.


Nenegale Diallo, 51, told investigators she was home with her cousin when she heard a knock on the door. When she opened it, a man forced his way inside, exposed himself and attempted to remove her clothing, she said.

The cousin came to her aide and attempted to help fight off the assault, according to a law enforcement source. The wife was able to break free of the suspect and used a cell phone to call her husband.

Mamadou Diallo raced home, took the elevator to the sixth floor and found Earl Nash, 43, in the hallway. Police say Diallo then attacked Nash and beat him severely."...

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Old 06-01-2016, 03:01 PM
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Be a no-brainer if it happened in Texas....
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Old 06-01-2016, 03:18 PM
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That name "Mamadou Diallo" is an amazing case of reverse deja-vu, so to speak.
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Old 06-01-2016, 03:29 PM
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Quote:
Originally Posted by sugarwood View Post
That name "Mamadou Diallo" is an amazing case of reverse deja-vu, so to speak.
as in Amadou?
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Old 06-01-2016, 03:36 PM
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Good job husband. We need more dead rapists. I see no problem with it.
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Old 06-01-2016, 03:40 PM
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Quote:
Originally Posted by Grog View Post
Good job husband. We need more dead rapists. I see no problem with it.
The defense attorney could make the case that it was revenge not defense, if the perp was indeed out of the apartment. Remember this NYC.
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Old 06-01-2016, 03:49 PM
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Why are we expected to act "reasonably" to a violent provocation? Just asking...
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Old 06-01-2016, 05:22 PM
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Quote:
Originally Posted by Grog View Post
Good job husband. We need more dead rapists. I see no problem with it.
+10
Quote:
Originally Posted by flatbutt View Post
The defense attorney could make the case that it was revenge not defense, if the perp was indeed out of the apartment. Remember this NYC.
That may be true, but it doesn't make the above statement any less true. My question is how did the husband know it was that guy?

It reminds me of the story that is often told in the CHL classes. You pull up to a 7-11 and see a guy in plain clothes pointing a gun at a guy behind the counter. You whip out your gun and shoot the guy with the gun. You later find out that the guy behind the counter was a bad guy and the guy with the gun had been an off duty cop that had caught the guy in the act of a crime. You shot the cop because you didn't know the whole situation.
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Old 06-01-2016, 05:25 PM
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I'll bet this thread would be a fun one to follow in PARF.
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Old 06-01-2016, 05:51 PM
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Anyone think he would be convicted? Seriously?

If it does go to court he can sell the tire iron on eBay when he is acquitted. Worked for Zimmerman.
Old 06-01-2016, 05:51 PM
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Quote:
Originally Posted by Norm K View Post
I'll bet this thread would be a fun one to follow in PARF.
Maybe not fun, but it will definitely be predictable once the race of all parties is revealed.
Old 06-01-2016, 05:57 PM
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Quote:
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Anyone think he would be convicted? Seriously?
The threat had passed then the perp. was killed. That's a crime. Few will feel bad for the rapist but that's not the issue.
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Old 06-01-2016, 06:07 PM
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Something doesn't smell right here.

She was on the phone after getting away and the cousin was still fighting him off? How did they guy get all the way home and know 1) who the perp was and 2) before the perp left....
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Old 06-01-2016, 06:14 PM
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I'm sure he found the perp, the perp attacked him, and the guy killed the perp in self defense.

Old 06-01-2016, 06:58 PM
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Juries are our bulwark against overzealous prosecutors.

Based on the available information, seems like a case for jury nullification to me.
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Old 06-01-2016, 07:35 PM
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Quote:
Originally Posted by SoCal911T View Post
Maybe not fun, but it will definitely be predictable once the race of all parties is revealed.
Based on the video, they were both black. (no offense intended, not sure what the PC term is these days).
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Old 06-01-2016, 07:40 PM
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As long as he bashed the right guy, I'm ok with it. Don't care what the law says.
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Old 06-02-2016, 08:31 PM
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Agree, something smells a bit fishy...the wife escapes, calls the husband who makes a B-line to the apt. What's the rapist doing while this is going on? Fighting with the cousin? I would be interested in the time the cell hung up to the time of the first punch. If the guy was down stairs its one thing, if it only took him a few minutes I could see it but any longer...

was this guy a stranger? Wife and cousin didn't know him? Seems like a very bold move for a rapist. If he was casing the place he would have known that the husband wasn't there and the wife was. But if that was the case why would he not know the cousin was there?

I have a suspicion that if we turn up the lights on this one it may show something seedier.
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Old 06-02-2016, 09:24 PM
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Old 06-02-2016, 09:44 PM
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Quote:
Originally Posted by M.D. Holloway View Post
Agree, something smells a bit fishy...the wife escapes, calls the husband who makes a B-line to the apt. What's the rapist doing while this is going on? Fighting with the cousin? I would be interested in the time the cell hung up to the time of the first punch. If the guy was down stairs its one thing, if it only took him a few minutes I could see it but any longer...

was this guy a stranger? Wife and cousin didn't know him? Seems like a very bold move for a rapist. If he was casing the place he would have known that the husband wasn't there and the wife was. But if that was the case why would he not know the cousin was there?

I have a suspicion that if we turn up the lights on this one it may show something seedier.
This^^, and the post by cstreit. Nothing adds up from the reported story--too many questions.

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Old 06-03-2016, 08:15 AM
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