Charges against the Bronx cab driver who beat the attacker trying to rape his wife have been dismissed at the urging of the dead man's family.
The family of Earl Nash asked that manslaughter charges against 61-year-old Mamadou Diallo be dropped Wednesday during a court appearance.
Diallo had been accused of beating Nash to death with what appeared to be a tire iron on May 31.
Authorities had previously said that Nash forced his way into the family's Washington Avenue apartment, exposed himself and tried to tear Diallo's wife's clothes off. She called Diallo -- who wasn't home at the time -- and one of the woman's cousins tried to fight off Nash.
Nash got into the elevator as the woman's husband was coming to her aid. The woman pointed out Nash to her husband, and sources familiar with the investigation said the husband swung what appeared to be a tire iron at Nash.
The pair then scuffled. Nash whipped Diallo with a belt, and the husband in turn bashed Nash in the head and body with the tire iron, the sources said.
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 autopsy determined the 43-year-old Nash died from cardiorespiratory complications associated with his injuries, acute cocaine intoxication and heart disease.
Diallo was arrested and released without bail after Nash died. As he left the court upon his release, some onlookers cheered and said they didn't think the man should have been arrested.
His cab license was to be reinstated Wednesday.