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

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.

diez.jpgCharles Diez

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:

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)

  • joe

    That’s screwed up. He tried to shoot him in the damn head. What else can It be but attempted murder. I have to ask about other charges like in possesion of a concealed weapon, There has to be a law about firing a firearm in public.

    Well If he only gets 2 years in jail, I do hope a large man takes him as his boyfriend.

    And if he would have killed the cyclist, would it have been man slaughter?

  • un-freakin-believable. It just seems like a bad joke. He shot the guy in the head, in front of his wife and kid. Maybe the cyclist should get to take a shot at him in front of his family, I mean if it’s just assault, what’s the harm?

  • Mahatma

    I lived in NC for a couple years.

    This does not surprise me at all.

    He’s on the FD, he gets at least one free pass.

    PS, if you think it’s cheap to live in the south, realize that you get what you pay for.

  • When I was a kid my parents took me for bike rides in the child seat all the time. I don’t even understand why that would infuriate someone.

  • Spokker’s Dad

    Spokker! Why do you keep bringing up that story about the child seat bike ride that time we put the bike on top of the pick-up truck? It only happened once! Or was it twice…? Anyhow, get home! The bathroom’s flooded again and yer ma’s ankles are too swollen to clean it up!

  • david loflin

    Now had the target been a cop or judge what do you think the guy would have got? This is really poor justice and a little dope gets you years.


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