The Bronx cab driver who killed a man who burst into his home and tried to rape his wife in May is finally off the hook. Today prosecutors asked a judge to dismiss all criminal charges against Mamadou Diallo, 61, who was arrested after fatally beating home intruder and would-be rapist Earl Nash, 43, in his Bronx building on the night of May 30th.
At a court appearance today, prosecutors with the Bronx DA's office read a statement from Nash's family agreeing to the charges being dropped. "We truly believe that both the Nash and the Diallo family have suffered a great deal of pain as a result of May 30, 2016,” the Nash family wrote. "While we cannot undo the damage that was done that evening, we hope to bring some closure not only to our family but to the Diallo family as well. As such, we wholeheartedly recommend that District Attorney Clark dismiss all charges against Mamadou Diallo."
Diallo was parking his livery cab outside his building at 1240 Washington Avenue when he received a call from his wife informing him that she had just been attacked. Nenegale Diallo later told police that Nash had forced his way into her apartment, beat her with a chair, tore off her clothes, and said, "I don't want anything. I don't want money. I'm going to rape you."
She broke free and managed to call her husband, who grabbed a tire iron from his vehicle and ran inside, catching up to Nash in the hallway outside his sixth floor apartment. Surveillance video shows Diallo beating Nash with the tire iron in the building's elevator. Nash sustained a fractured skull and died from his injuries.
“I’m not happy because I know a man died and I know they put my name with somebody who died. I do not want to kill that man. I defended my wife because she was a victim. He hit her head, he take the clothes off my wife and try to rape her. I am not thinking [the police] are going to take me because someone came into my house, take my wife’s clothes off to rape my wife."
Nash had over a dozen prior arrests and served prison time for bribery and drug possession. His family issued a statement after his murder, saying they "have been mourning losing him to severe schizophrenia for years...It is evident by the lack of support for mental health treatment, suffered by Earl and many others, that incarceration alone is not the answer. There is much work to be done in the area of mental health reform and its place in the justice system."
On August 26th, the NYC Medical Examiner announced that Nash's death "was caused by cardiorespiratory complications associated with blunt force trauma of the head, torso and upper extremities, acute cocaine intoxication and hypertensive and atherosclerotic cardiovascular disease," ABC reports.
"This case was a tragedy for all whose lives intersected in that Bronx building on the night of May 30, 2016," Bronx District Attorney Darcel Clark said in a statement. "We waited for three months for the autopsy results, and after a thorough investigation as well as discussions with the deceased's family we have determined that no grand jury action is warranted. We are dismissing the charges against Mamadou Diallo."
The courtroom burst into applause when the judge agreed to dismiss the charges. Here's video:
"I’m happy for everybody, for any woman in America,” Mamadou Diallo told reporters outside court today. “Every justice in America is the best because I had no intention to do nothing. I was just defending my wife. I was emotional and [didn’t] want to do something wrong."