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.
Diallo returns to court June 27, according to the district attorney's office. He will be asked if he wants to testify before a grand jury.
Diallo told police he received a frantic phone call Monday night from his wife, saying a man was inside their Bronx apartment and was attempting to rape her.
Nenegale Diallo, 51, told investigators she was home with her cousin when she heard a knock on the door. When she opened it, a man forced his way inside, exposed himself and attempted to remove her clothing, she said.
The cousin came to her aide and attempted to help fight off the assault, according to a law enforcement source. The wife was able to break free of the suspect and used a cell phone to call her husband.
Mamadou Diallo raced home, took the elevator to the sixth floor and found Earl Nash, 43, in the hallway. Police say Diallo then attacked Nash and beat him severely.
When police arrived, Nash was unresponsive and had suffered severe trauma to his head and body. He was taken to Lincoln Hospital, where he later died from his injuries, according to the NYPD.
Nenegale Diallo sustained contusions to her forehead in the assault but has since been released from the hospital, according to police.
How Nash selected Diallo's apartment is currently under investigation, but it doesn't appear that he knew her prior to the assault, police said.
Nash was well known to police. His criminal record includes 19 prior arrests including robbery, assault and arson, according to a law enforcement source.
Diallo's son, Abdul, told WCBS that he would have done the same thing his father did if he had been in the same situation.
"I think any husband would do the same thing as what he did," Abdul Diallo said. "You see your wife being attacked and sexually harassed, you're going to beat on the person. You are not just going to sit there and let the person leave or whatever. So I don't think he's wrong."