Man Arrested For Killing Intruder Who Allegedly Tried To Rape His Wife

[calmom]

Police initially recommended Mamadou Diallo be charged with manslaughter. But according to a charging document provided by the Bronx District Attorney’s office, he was arraigned Tuesday on two counts of assault, criminal possession of a weapon and harassment.

Diallo, 61, was released without bail, according to Patrice M. O’Shaughnessy in the Bronx DA’s office. He left the Bronx criminal courthouse Tuesday evening to cheers from a crowd of supporters, according to CNN affiliate WCBS.

A grand jury will convene to determine whether there is enough evidence to indict Diallo, O’Shaughnessy said.

Source: http://www.cnn.com/2016/06/01/us/bronx-manslaughter-wife-rapist/

Given the no-bail release it’s lilkely that either the grand jury will decline to indict – or that there will be a negotiated plea that doesn’t involve jail time down the line. This is not a case that is shaping up toward a trial.

[mom2collegekids]

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was not clear. I meant very different from the original case that started this thread. Does that help?
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I knew what you meant, but I used the wrong word “shot”. I should have said “killed” because the man in the OP didn’t use a gun. My mistake for using the word, “shot”.

They aren’t that different, except the person doing the killing in the OP was not the victim. In both cases, the criminal was killed outside the home while fleeing. the legal significance is the same…killing a fleeing criminal outside of the home.

[AboutTheSame]

Sorry, @mom2collegekids, I have to disagree. I think that there is a BIG difference between firing a single shot at someone who is running away (which may or may not hit) and beating the person to death with a tire iron. I have tried to make that point in prior posts. I apparently have not managed to persuade people, but that is not going to change my opinion. The one is a spontaneous act; the other is a calculated act. I could cite you chapter and verse about premeditation (not just plain old murder or manslaughter) in the context of a homicide based on a prolonged act – like strangling someone to death – but I won’t bother. I sympathize with Mr.Diallo, but I cannot abandon my basic thesis: he should have known when to stop and he is responsible for a criminal homicide. That’s it.

[CaliCash]

I sympathize with Mr. Diallo as well, but we cannot encourage vigilantism.

[mom2collegekids]

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think that there is a BIG difference between firing a single shot at someone who is running away (which may or may not hit) and beating the person to death with a tire iron. I

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I disagree. We have no idea if the first hit with the tire iron was severe enough to be fatal. It may have been.

And, Mr. Greer did not fire a “single shot”. The woman was shot twice, and who knows how many missed. Mr. Greer also was trying to get the woman’s crime-partner.

That said, who cares if it was just one shot rather than two? Is it “less criminal” to cut someone’s throat with one slice rather than multiple stab wounds? I don’t think so.