Charles Diez Gets 120 Days for Shooting Cyclist in the Head

Charles Alexander Diez, the former North Carolina firefighter who shot cyclist Alan Simons in the head, has been sentenced to four months in jail.

diez.jpgDiez

In
an Asheville courtroom last week, Diez pled guilty to shooting Simons
during a July 26 roadside confrontation. Said to be upset that Simons
was riding his bike with his 3-year-old child, Diez fired his .38
caliber pistol as Simons walked away after the two exchanged words. The
bullet struck Simons’ bike helmet, narrowly missing his skull. 

In August, a grand jury reduced charges
against Diez from attempted first degree murder to felony assault.
While assault with a deadly weapon with intent to kill certainly sounds
like an offense worthy of a lengthy prison term, the presiding judge
apparently agreed that this was a case of a stand-up guy having a bad
day. Mountain Xpress reports:

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.

Diez must also undergo anger management counseling and pay Simons $1,200 "for damage to his eardrum."

The
slap on the wrist issued to Diez has some worried that authorities have
pretty much declared open season on area cyclists. Asked Brian Jones,
who along with his wife is a regular victim of harassment and worse at the hands of local motorists: "If a cyclist shot a fireman, judge or prosecuting attorney in his
head, in front of his family, what sentence do you think he/she would
receive."

The
travesty in Asheville comes amid continuing reports of
driver-on-cyclist violence, with, as Sarah noted this morning, recent
incidents in Tulsa and Miami.

  • DJB

    This is crazy. How is military service and “good character” an excuse for being a psychopath?

  • KateNonymous

    You know when you’re really having a bad day? When someone shoots you in the head.

  • This is disgusting, truly disgusting. Makes me sick.

  • This whole article points to a HUGE problem we have in America: under-powered guns in the hands of motorists. Clearly, our cars and road designs aren’t lethal enough, and neither are our guns. Can’t we get anything right?

  • The Fredster

    Oh, come on—if these socialist bike riders are going to antagonize drivers by blocking streets, they’re asking for it. With things the way they are today, even law-abiding American citizens need some way to blow off steam!

    If some bleeding-heart liberal organization forced me to stop beating stray animals, I’m sure I would have to resort to shooting at bicyclists too.

  • Dexter Morgan

    My dark passenger may have a more fitting judgement for this man…

  • David Galvan

    Nice to know that the law doesn’t apply equally to everybody. *facepalm*

  • Jan Hellsund

    Shot at an unarmed man who was walking away? Hell, I’d have him locked up forever just for cowardice.

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