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Four-Month Sentence for Shooting Cyclist in Head

Posted by: Nate Berg

28 November 2009 - 9:00am

In an aggravated road rage incident that has been boiled down to simply being a "bad day", a North Carolina man has been sentenced to four months in jail for shooting a cyclist in the head.

"On July 26, cyclist Alan Simons was riding with his family on Tunnel Road. According to Asheville police, Charles Alexander Diez had stopped to argue with Simons, saying that the child seat the cyclist’s 3-year-old son was riding in was unsafe. As Simons began walking away, Diez fired his handgun, the .38-caliber bullet tearing through the back of Simons’ bike helmet, less than an inch from his head."

Charges were reduced from attempted first-degree murder to felony assault.

Full Story: Former Asheville firefighter gets 4 months for shooting cyclist
Source: Mountain XPress, November 20, 2009
»

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Shot cyclist

Submitted by snowyplover on Sat, 11/28/2009 - 17:24.

Oh, it's attempted murder. When I first heard this story I thought it was murder.

I wonder where the father cyclist is now, his thoughts. What will he tell his child, and what will be the child's narrative be as she/he matures? I suspect that the child will be vindictive towards anti-bicycle sentiment. Powerful position.

Perhaps the father can use this experience as a full-time bicycle advocate. It would be a compelling story, and fantastic movie!

Oh come on! This is all you

Submitted by bostonjc1 on Mon, 11/30/2009 - 02:38.

Oh come on! This is all you can think about, how to get some pro-bicycle spin out of this?

Child safety at issue

Submitted by HRPlanner on Sat, 11/28/2009 - 12:34.

Diez seemed to be angered by the child seat safety concern, not at the bicyclist for being a bicyclist. This man obviously has problems not related to the world of cycling per say.

It's great that you can shoot someone in their head and only have to serve a couple of years.

Blame the judge!

Submitted by Irvin Dawid on Sat, 11/28/2009 - 21:21.

"Convictions on such a charge result in an average 20-39 months in prison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15-27 months instead.

Downs suspended all but four months of that sentence unless Diez breaks the law again in the next 30 months. As part of his sentence, Diez is required to attend anger-management training and pay $1,200 to cover Simons’ medical costs for damage to his eardrum."

There you have it - it's all about 'anger management' - and if you have 'good character' and a judge like Downs, well, expect to get off lightly!

Irvin Dawid, Palo Alto, CA

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