Skip to content

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.

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

Photo of 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.

Read More:

Comments Are Temporarily Disabled

Streetsblog is in the process of migrating our commenting system. During this transition, commenting is temporarily unavailable.

Once the migration is complete, you will be able to log back in and will have full access to your comment history. We appreciate your patience and look forward to having you back in the conversation soon.

More from Streetsblog New York City

Mamdani Budget Could Tank Queens Subway Expansion He Once Supported

March 25, 2026

D.C. Advocates Sue To Save Key Bike Lane From Trump

March 25, 2026

New York’s Forgotten 2,000-Mile Bike Network—And What It Can Teach Us Today

March 25, 2026

Wednesday’s Headlines: Working for the Yankee Bus Lane Edition

March 25, 2026
See all posts