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:

Streetsblog has migrated to a new comment system. New commenters can register directly in the comments section of any article. Returning commenters: your previous comments and display name have been preserved, but you'll need to reclaim your account by clicking "Forgot your password?" on the sign-in form, entering your email, and following the verification link to set a new password — this is required because passwords could not be carried over during the migration. For questions, contact tips@streetsblog.org.

More from Streetsblog New York City

Attorney General James To Act On Illegal E-Motos After Latest Fatal Crash

July 30, 2026

Q and A: New MTA Board Member Janette Sadik-Khan Yaps With Streetsblog

July 30, 2026

OPINION: Want to Reclaim New York City’s Curbs? Evict The Placard Class

July 30, 2026

Thursday’s Headlines: Motopsycho Nightmare Edition

July 30, 2026

UPDATE: Teen E-Moto Rider Killed on Centre Street in Heart of Civic Manhattan

July 29, 2026
See all posts