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:
Convictionson such a charge result in an average 20-39 months inprison for the defendant. But in the sentencing, Superior Court JudgeJames Downs found that Diez’s military service, along with testimonyfrom 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 Tulsa and Miami.
