SOUTH BRONX — Prosecutors have dropped all charges against the Bronx cab driver who fatally attacked his wife’s would-be rapist in late May.
"I’m happy for the justice," said a beaming Mamadou Diallo following his court appearance on Wednesday. "I’m happy for American justice, and it’s the best way in the world. That’s what I say."
The 61-year-old Diallo had been charged with assault after attacking Earl Nash, 43, who had tried to rape Diallo's wife in their Washington Avenue apartment on May 30, according to the Bronx District Attorney's Office.
His case had been dragging through the court system since then as the Bronx DA’s Office awaited the autopsy results, which came out on Aug. 26 and determined the cause of death was blunt force trauma, cocaine intoxication and heart disease.
Assistant District Attorney Jennifer Cruz told Justice Marc Whiten in court on Wednesday that her office had reviewed all evidence in the case, consulted with both the Diallo and the Nash families and analyzed the Medical Examiner's report, which led them to move to dismiss all charges against Diallo.
"The events of May 30 were truly tragic," she said, "and the office commends both families for their empathy in this most difficult of circumstances."
Cruz also read a statement from the Nash family, in which they noted that Earl had been the first member of their family to attend college but suffered a mental breakdown soon after his mother's death in 1995 and was diagnosed with schizophrenia, for which he never received proper treatment.
They maintained that both their family and the Diallo family had suffered greatly since May 30 and agreed that all charges in the case should be dropped.
"While we cannot undo the damage that was done that evening," according to the Nash family statement, "We hope to bring some closure not only to our family but to the Diallo family as well."
Whiten acknowledged that there could be no joy under these circumstances and ordered the matter dismissed, causing a courtroom packed with Diallo's supporters to erupt in applause.
Diallo's wife Nenegale Diallo said she was thrilled with the ruling.
"I’m feeling good," she said. "I think they did the right thing because he was defending me. That’s what a husband does."
Diallo said he planned to go home and relax for a bit in the immediate aftermath of the ruling, but he does plan to go back to work eventually.
He had worked as a cab driver before the events of May 30, but his license had been suspended while the case was going on, according to his attorney Anthony Michaels.
Abdoul Diallo, who has no relation to the defendant and is president of the Guinean Community, said they planned to petition the Taxi and Limousine Commission to reinstate Diallo's license now that the case is over.
TLC spokesman Allan Fromberg said there would be no need for a petition, as Diallo's license would be immediately reinstated once he presents his disposition showing that the charges against him were dropped.
Michaels said he was thrilled that the case had ended with all charges against his client being dismissed.
"This has been a nightmare," said Michaels, "so to put an end to that is just totally gratifying."
Diallo offered his condolences to the Nash family, stressing that he had not meant to kill anyone and that it had been difficult to hear himself described as a killer over the past few months.
"I was emotional," he said. "I was defending myself and my wife."
