Puck

Charles Diez shot a bike rider in the head -- and got 120 days in jail

Via Treehugger:

While driving down the road one day, Charles Diaz grew upset at seeing a man riding his bike on a busy street with his 3 year-old son. So he shot him in the head. Thankfully, the bullet narrowly missed his skull, instead getting lodged in the cyclists’ helmet. Well, Diaz has just been sentenced for admitting to nearly murdering a man by firing a gun towards his head–and he’s received a paltry 4 months in jail.

Police said Charles Diez, an Asheville firefighter since 1992, stopped his car to confront a couple riding bikes along heavily traveled Tunnel Road. Diez was apparently incensed by Alan Simons carrying his 3-year-old child on a seat mounted on the back of his bike. After an argument, Diez pulled a gun and shot at Simons, but the bullet passed through Simon’s bicycle helmet, just missing his skull, police said.

Via Streetsblog:

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.

Via Mountain Xpress:

Convictions on such a charge result in an average 20-39 months in prison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15-27 months instead. Downs suspended all but four months of that sentence unless Diez breaks the law again in the next 30 months.