Judge releases man charged with killing wife's attempted rapist

NEW YORK (FOX5NY) - A 61-year-old man who was arrested in the Bronx after beating and killing a man who had broken into his home and sexually assaulted his wife has been released. A crowd cheered as Mamadou Diallo walked out of the court hearing with his lawyer.

The attack happened just before 10 p.m. on Monday in the Morrisania section. The alleged assailant, identified as Earl Nash, 43, reportedly ripped the 51-year-old victim's clothes off and smashed her head into a chair before she managed to break free and call her husband on her phone. Neighbors told Fox 5 that he had been acting aggressively to other women in the building.

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. 

Police found Nash, of the Bronx, unconscious and unresponsive with severe trauma to his head and body. He was taken to Lincoln Hospital in critical condition by an EMS crew where he later died.

Diallo was arrested and initially charged with manslaughter. He was arraigned Tuesday evening. A judge released him on his own recognizance for assault and weapons charges.

Defense attorney Anthony Michaels said in court this was an attack on Diallo's family in his home.

Nash had 19 prior arrests and had been released from jail last year after serving nine years for bribery and drug possession.