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

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

Cyclist: Cop Pulled a Taser During Summons Chase

In a dramatic escalation of the NYPD's criminal crackdown on bike riders, a police officer pulled a stun gun while chasing a cyclist for allegedly running a red light on a regular bike.

May 30, 2025

Albany Pols Seize the Helm(et)

Helmet laws remain controversial — they're the "common-sense" approach pushed by lawmakers who ignore that studies show they don't improve safety.

May 30, 2025

Tisch Reveals Real Reason for Her E-Bike Crackdown: E-Bike Licensing

NYPD Commissioner Jessica Tisch doubles down on her cycling criminalization campaign, saying e-bike licensing is the only other option.

May 30, 2025

Friday’s Headlines: A ‘Critical’ Moment Edition

Cyclists will protest against the NYPD's bike crackdown with a Critical Mass ride to City Hall on Friday. Plus more news.

May 30, 2025

Eyes on the Street: Astoria’s Big Beautiful 31st Avenue Bike Boulevard

Streetsblog paid a visit to New York City's widest on-street protected bike lane ever, which is up and running in Astoria.

May 30, 2025
See all posts