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Judge releases man charged with killing wife's attempted rapist

Never....I repeat...Never bring a leather belt to a tire iron fight!

Good thing the defendant didn't use a gun, the bozos in NYC would have thrown the book at him.
 
How is it that a man with 19 prior arrests is( Well,, was ) still walking the streets? I don't care if he just spit on the side walk.. After 19 arrests you have to say enough is enough.. How about a 10 strikes and your out law??

djl
 
How is it that a man with 19 prior arrests is( Well,, was ) still walking the streets? I don't care if he just spit on the side walk.. After 19 arrests you have to say enough is enough.. How about a 10 strikes and your out law??

djl

What if his ten strikes were for spitting on the sidewalk?



I honestly don't understand why the alleged party of individual responsibility is always advocating for measures that belong in a police state. People should pay the price for the particular crime they commit. There's no need for a stupidly inflexible rule that robs judges of the discretion to impose sane punishments.
 
Diallo allegedly assaulted Nash with a tire iron as the career criminal attacked Diallo with a leather belt.

Man charged with killing wife's attacker released - Fox 5 NY | WNYW


He still faces assault and weapons charges. As someone who actually knows about about the law, I'm puzzled as to what happened to the manslaughter charge.

You don't get to kill someone just because they hit you (or your wife). It's called excessive force in self defense manslaughter or heat of passion manslaughter. A tire iron is a pretty deadly weapon. A belt hurts, but it is by no means deadly .... unless someone is being choked with it. The only way this makes sense is if, when the article says the wife was being "attacked" with the belt, the article actually meant to say that she was being choked potentially to death with it....
 
He still faces assault and weapons charges. As someone who actually knows about about the law, I'm puzzled as to what happened to the manslaughter charge.

You don't get to kill someone just because they hit you (or your wife). It's called excessive force in self defense manslaughter or heat of passion manslaughter. A tire iron is a pretty deadly weapon. A belt hurts, but it is by no means deadly .... unless someone is being choked with it. The only way this makes sense is if, when the article says the wife was being "attacked" with the belt, the article actually meant to say that she was being choked potentially to death with it....

A sexual assault and possibly attempted murder by smashing her head..... and you don't think the husband was justified?

That could very well be grounds for lethal force.

The article did say there was a 10 year age difference but it didn't mention the size of the two men. Lots of factors not mentioned here.

My thought is this....if a judge allowed him to go free....there was good reason for that decision.
 
A sexual assault and possibly attempted murder by smashing her head..... and you don't think the husband was justified?

That could very well be grounds for lethal force.

The article did say there was a 10 year age difference but it didn't mention the size of the two men. Lots of factors not mentioned here.

My thought is this....if a judge allowed him to go free....there was good reason for that decision.

Well, the central legal question is what amount of force was reasonably necessary at the time it is used.

If the guy had walked in on someone trying to rape his wife, then he'd probably be OK going after him with a tire iron or gun. The article makes it sound like the sexual assault and head-smashing attack on the wife was already over, and the deadly force was only in this situation:

Diallo, who was outside the building looking for a parking spot, hurried to his wife only to find the suspect on the 6th floor hallway of 1240 Washington Ave. Diallo allegedly assaulted Nash with a tire iron as the career criminal attacked Diallo with a leather belt.




I now notice I misspoke. The bad guy wasn't even attacking the wife with the belt. He was attacking the husband-to-the-rescue. So the question is whether the use of a deadly weapon (tire iron) was reasonably necessary given the level of force used against him (a belt), and yes, all the other factors this rather brief article doesn't seem to cover. Perhaps the bad guy was twice the other guy's size, etc.
 
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