Man Gets 120 Days for Shooting Cyclist in the Head

blorg

Man Gets 120 Days for Shooting Cyclist in the Head

TimAllen

blorg wrote: »

Man Gets 120 Days for Shooting Cyclist in the Head

I would give a minimum sentence of 6 months for anyone caught looking at a website called treehugger dot com:D

Bunnyhopper

Ridiculous. I hope the prosecutor can appeal the leniency and does.

The victim should take a civil action for damages, and I don't just mean the price of a new helmet.

blorg

Bunnyhopper wrote: »

Ridiculous. I hope the prosecutor can appeal the leniency and does.

The victim should take a civil action for damages, and I don't just mean the price of a new helmet.

The prosecutors tried to charge him with first degree attempted murder but a grand jury rejected the charge- he was tried for assault with a deadly weapon.

From StreetsBlog:

Diez must also undergo anger management counseling and pay Simons $1,200 "for damage to his eardrum."

Note that is criminal damages, I don't think it would preclude a civil case in any way.

colblimp

It's just crazy, the fool should have been put away for years for attempted murder! How can shooting someone in the head not be attempted murder?! Only in America... :rolleyes:

Lumen

colblimp wrote: »

How can shooting someone in the head not be attempted murder?! Only in America... :rolleyes:

I dunno Dick, what do you think?

kincsem

I'm surprised they didn't send him for remedial firearms training. :rolleyes:

If he was black what sentence ?

tomasrojo

Reminds me of the case in New Zealand where a police officer rammed an unhelmeted cyclist with his car. Though this is quite another level of lunacy.

Húrin

I don't see how it matters that the victim was on a bike.

Lumen

Húrin wrote: »

I don't see how it matters that the victim was on a bike.

Apart from being a fact of the case, it's reported by treehugger.com A Discovery Company, so you'd expect them to "care".

blorg

Húrin wrote: »

I don't see how it matters that the victim was on a bike.

It would appear that was the reason behind him being shot in the head.

TimAllen

blorg wrote: »

It would appear that was the reason behind him being shot in the head.

I would say it was the manner in which he was cycling that upset the shooter rather than the fact that he cycles - I wouldnt be surprised if he is a perfect gentleman except when an inconsiderate cyclist annoys him! Ya gotta love the Yanks though!

Raam

TimAllen wrote: »

I would say it was the manner in which he was cycling that upset the shooter rather than the fact that he cycles - I wouldnt be surprised if he is a perfect gentleman except when an inconsiderate cyclist annoys him! Ya gotta love the Yanks though!

It was because he was riding with his child on the bike.

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.

blorg

TimAllen wrote: »

I would say it was the manner in which he was cycling that upset the shooter rather than the fact that he cycles - I wouldnt be surprised if he is a perfect gentleman except when an inconsiderate cyclist annoys him! Ya gotta love the Yanks though!

Difficult to tell as none of the news stories gave much detail, but there was no mention that he was cycling in any particular way he shouldn't be.

The news reporting on it (I have been following it since it was first reported) states that the shooter was annoyed that the cyclist was cycling on a busy road with his young son on the bike. From the police at the time:

ASHEVILLE, N.C. -- A driver, now identified as an Asheville firefighter, shot a bicycle rider because he was angry the man was riding with his child on a busy road, Asheville police said.

The shooting happened Sunday morning on Tunnel Road.

Officers said the victim was riding with his wife and had his 3-year-old son in a child seat attached to his bicycle when a driver approached him.

Police said the driver, Charles Diez, claimed he was upset that the victim was bike riding with his child on the heavily traveled Tunnel Road.

Diez pulled a gun and opened fire, hitting the victim in his bicycle helmet, according to police.

They said the bullet penetrated the outer lining of the helmet but did not actually hit the victim's head.

Police arrested Diez and charged him with attempted first degree murder.

One way or the other my reply to Húrin was simply to point out that it was very relevant that he was a cyclist, the shooter said he shot him due to his manner of cycling (carrying a young child on the bike on a busy street according to the police.)

Presumably the shooter would not have stopped to remonstrate with (or shoot) the victim had he been carrying the child in a car.

dreddie

Does this make a case for wearing cycling helmets?:)