Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Out of Town

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

5:12 PM EDT on August 6, 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.

diez.jpgCharles 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

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Con Edison Cons Its Way Out of Paying Traffic Tickets

The massive energy company is bilking the city of tens of thousands of dollars in potential camera-issued traffic violations by obscuring its trucks’ license plates.

March 1, 2024

West Side Glory: State Begins the Process of Reimagining a True NYC Car Sewer

The state DOT will study the West Side Highway for "potential enhancements ... including [for] pedestrians and cyclists." West Side officials are cheering!

March 1, 2024

Friday’s Headlines: Closing the Bike Share Black Hole Edition

Council Member Lincoln Restler has negotiated with local religious leaders to add Citi Bike docks to south Williamsburg. Plus other news.

March 1, 2024

Manhattan Pol Upset at Delayed Rollout of Electrified Citi Bike Docks

"I urge the Department of Transportation and Con Edison to expedite the electrification of [Citi Bike] stations," Erik Bottcher wrote to the colossuses of conveyance and current last Friday.

February 29, 2024
See all posts