Man who killed rapist who was attacking his wife walks free after intervention by dead victim's family

Family of would-be rapist writes letter to court asking for charges to be dropped against his killer

(Getty Images)

A man who killed a criminal who was attempting to rape his wife has been freed without charge, after a surprise intervention by the victim’s family.

Mamadou Diallo, a 61-year-old taxi driver, rushed to save his wife Nenegale after Earl Nash broke into their apartment in the Bronx district of New York City, before allegedly beating the intruder to death with a tire iron.

Security footage shown to the court in the Bronx captured Nash attempting to rape Mrs Diallo before her husband entered and chased the attacker into the building’s lift, where he administered the fatal beating.

However, a letter sent to the court by Nash’s relatives asked for the charges against Mr Diallo to be dropped, stating that the family did not want to see him go to prison for defending his wife.

“We truly believe that both the Nash and the Diallo family have suffered a great deal of pain as a result of [the attack],” Earl Nash's relatives wrote. “As a family we pray that Mrs Diallo and family may recover from the unfortunate trauma they’ve experienced.

“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… you dismiss all charges against Mamadou Diallo.”

Judge Marc Whiten duly dismissed the assault charges against Mr Diallo.

As the couple left the courthouse, Mrs Diallo commented, “[the family] did the right thing because he was defending me”.

The medical examiner ruled Nash had died from “cardiorespiratory complications” caused by the beating but exacerbated by heart disease and his addiction to cocaine, according to New York Daily News.

Nash was a career criminal known to New York police, who was recorded as having severe schizophrenia and several drug dependencies.

The district attorney confirmed that the decision not to pursue an indictment against Mr Diallo was made after lengthy discussions with Nash’s family.