Update From NC: Shooting a Cyclist in the Head Is Not Attempted Murder

11:11 AM PDT on August 7, 2009

A grand jury in Asheville, North Carolina has reduced the charge against a motorist who allegedly shot a cyclist in the head from attempted first-degree murder to felony assault.

Charles Diez

According
to reports, on July 26, Alan Simons was shot by Charles Diez after a
confontation along a busy road. The shooting took place in front of
Simons' wife and 3-year-old kid. Diez was reportedly angered that
Simons was riding a bike with his child seated behind him. Simons was
wearing his bike helmet at the time. Miraculously, the bullet missed
his head.

Wheras Diez originally faced up to 13 years in prison, felony assault carries a penalty of around two years. Reports the weekly Mountain Xpress:

Grand
juries deliberate in secret, and District Attorney Ron Moore submitted
both the assault and attempted-murder charges. He told Xpress that he doesn’t know why the grand jury rejected the murder charge.

We don't either, but we can guess.

(h/t Cookster)

Brad Aaron

Brad Aaron began writing for Streetsblog in 2007, after years as a reporter, editor, and publisher in the alternative weekly business. Brad adopted New York's dysfunctional traffic justice system as his primary beat for Streetsblog. He lives in Manhattan.

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