Hopefully this goes no further...Husband needs to be set free and charges dropped.

 

A Bronx man allegedly beat an attacker to death with what appeared to be a tire iron after the attacker tried to rape the man's wife, law enforcement sources told NBC 4 New York.

 

The woman's 61-year-old husband was arrested on manslaughter charges Tuesday, hours after police say he fatally beat the would-be rapist in the elevator of the couple's Washington Avenue apartment building.

 

The alleged rapist, 43-year-old Earl Nash, forced his way into the building shortly after 10 p.m., authorities said.

 

Nash allegedly knocked at the victim's door, pushed his way in when she answered and exposed himself and tried to tear off the woman's clothes, according to sources. Amid the struggle, the woman called for her husband and one of the woman's cousins tried to fight off Nash.

 

Sources said that Nash left the apartment and got into the elevator as the woman's husband was coming to her aid. The woman pointed out Nash to her husband, and sources said the husband swung what appeared to be a tire iron at Nash.

 

The pair then scuffled, sources said. Nash allegedly whipped the woman's husband with a belt, and the husband in turn bashed Nash in the head and body with the tire iron.

 

One of the blows appeared to fracture the left side of Nash's skull, and the man was pronounced dead on arrival to Lincoln Hospital

 

The couple's son said he saw his mother and aunt being attacked.

 

Source: Husband Beats Would-Be Rapist to Death: NYPD | NBC Chicago Husband Beats Would-Be Rapist to Death: NYPD | NBC Chicago

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Based on that, I believe by letter of the law, the charge is appropriate.

 

I don't think he should be charged, but I doubt it gets dropped.

He was fleeing. If he'd hit him with the tire iron to fend him off, fair enough on acting in defense.

 

But this dude went after the guy and hunted him down and beat him to death as he was running away.

 

We have laws and you don't get to break them to exact vengeance on bad people.

I hope it gets dropped but I could see the DA having a bit of a problem due to the husband pursuing the guy into the elevator. I know very little about the law but I've always heard you could be in trouble if you shoot a person fleeing your home since the immediate danger is over.

At least the rapist will no longer be able to continue to steal oxygen.

Where things get murky, in my mind, is the fact that they say the two scuffled in the elevator and that the rapist hit him with the belt. Now, the guy is no longer just fleeing.

Where things get murky, in my mind, is the fact that they say the two scuffled in the elevator and that the rapist hit him with the belt. Now, the guy is no longer just fleeing.

 

Correct. At that point, after being hit with the tire iron after fleeing, he's acting in self-defense.

1 scumbag gone.

 

Thanks to you husband.

 

I would do the same.

Where things get murky, in my mind, is the fact that they say the two scuffled in the elevator and that the rapist hit him with the belt. Now, the guy is no longer just fleeing.

 

Unfortunately, he was still in the process of fleeing and he had a claim for self-defense at that point. Craziness, I know. What I would say is that the freshness and emotion of the attacks give rise to a temporary insanity defense that ALL juries are going to buy, I would think.

Can't chase him like that.

Hard time finding 12 to convict him of it.

A lot will depend on what happened in the elevator. He is allowed to chase him and hold him until police come. If the rapist was fighting him, I would think the victim's husband could claim self defense for hitting him with tire iron. If the report is correct and he swung the tire iron before the rapist did anything, I can see him being charged. I don't see any jury convicting him though.

Can't chase him like that.

 

You saying you wouldn't ?

You saying you wouldn't ?

 

Not at all.

 

I'm saying if you do, you're opening yourself to the situation he is in now.

He'd get a not guilty vote from me if I'm on the jury. You come into my house and attack my wife or kid and I don't care if you flee or not.