Bronx Man Accused Of Fatally Beating Wife's Alleged Attacker Remains Free Without Bail

NEW YORK (CBSNewYork) -- A Bronx man accused in the fatal beating of another man, who police said was trying to rape his wife, remains free without bail following a court appearance Monday.

Mamadou Diallo, 61, is charged with assault and criminal possession of a weapon in the beating death of 43-year-old Earl Nash.

Diallo, who originally faced a manslaughter charge, had hoped to hear the charges were dropped, but he will be back in court in August as the Bronx district attorney and possibly a grand jury consider the case, 1010 WINS' Al Jones reported.

On May 30, investigators said Diallo, a cab driver, raced home after getting a frantic call from his wife, saying that a man forced his way into their apartment and began beating her and ripping her clothes off.

The couple's son said his father ran into the suspect in the hallway and they started fighting.

Police said Diallo beat the suspect, identified as Nash, with a tire iron in the elevator bank. Nash was left with a fractured skull and later died at the hospital.

Police said Nash was a career criminal with 19 prior arrests including robbery, arson and assault.

Diallo's attorney said his client's actions were justified.

"We feel that if this case proceeds to a grand jury they will find that he was absolutely justified," attorney Anthony Michaels said. "This is a failure of security and Mr. Diallo was the last line of defense."

"We believe that the only way to give him any kind of justice would be to drop this case and set Mr. Diallo free," family spokesman Abdul Diallo said outside the court house. "In the interest of justice, drop this case so this family can move ahead so we don't continue to victimize them."

Mamadou Diallo has called the attack self defense.

Friends and neighbors say he's a hero.