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.
DiezIn 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 inprison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from formercolleagues about his good character, were mitigating factors, and choseto sentence him to 15-27 months instead. Downs suspended all but fourmonths of that sentence unless Diez breaks the law again in the next 30months.
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 Austin and Miami.
Stay in touch
Sign up for our free newsletter
More from Streetsblog New York City
Justice Dept., Citing Streetsblog Reporting, Threatens to Sue NYPD Over Cops’ Sidewalk Parking
The city is now facing a major civil rights suit from the Biden Administration if it doesn't eliminate illegal parking by cops and other city workers.
What to Say When Someone Claims ‘No One Bikes or Walks in Bad Weather’
Yes, sustainable modes are more vulnerable to bad weather. But that's why we should invest more in them — not less.
NYC Transit’s New Operations Planning Chief Wants To Fight ‘Ghost Buses’
One-time transit advocate and current MTA Paratransit VP Chris Pangilinan will oversee bus and subway operations for the whole city.
Friday’s Headlines: Gimme Bus Shelter Edition
The days of the Landmarks Preservation Commission reviewing every proposed bus shelter in landmarked districts may be no more. Plus more news.
Deal Reached: Hochul Says ‘Sammy’s Law’ Will Pass
The bill, though imperfect, has been four years in the making.
