What In The Sphincter Of Hell Kind Of Bull Sh*t Is This?!

Written by Boston Biker on Nov 24

A while ago I wrote about a guy who shot a cyclist in the head (luckily the helmet stopped the bullet), because of all things he had a kid on his bike and he wanted to prove that “cycling was dangerous?!”

fucking asshole
Charles Alexander Diez (horrible person)

Well I guess I should get a gun and a large dose of crazy because this worthless violent fuck is only going to get 120 days! Seriously what the hell is wrong with a judicial system that only gives 120 day jail sentence for a crazy guy that starts a fight, and shoots a guy while his kid is sitting behind him?

Former Asheville firefighter Charles Alexander Diez will spend four months in prison for shooting cyclist Alan Simons in July. Diez plead guilty to assault with a deadly weapon with intent to kill yesterday.

On July 26, Simons was riding with his family on Tunnel Road. According to Asheville police, Diez had stopped to argue with Simons, saying that the child seat the cyclist’s 3-year-old son was riding in was unsafe. As Simons began walking away, Diez fired his handgun, the .38-caliber bullet tearing through the back of Simons’ bike helmet, less than an inch from his head. Diez has no prior criminal record and was sober at the time. While he was originally suspended with pay at the time of the incident, on Aug. 10 he ended employment with the Asheville Fire Department.

While Diez was originally charged with attempted first-degree murder, a grand jury refused to press those charges, instead indicting him on the felony assault charge.

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. As part of his sentence, Diez is required to attend anger-management training and pay $1,200 to cover Simons’ medical costs for damage to his eardrum.

The case has caused controversy, especially in the cycling community, over what some perceive as the overly lenient treatment Diez has received. After the attempted murder charge was dropped in August, cyclists protested the decision and called for better conditions.(via)

I simply can not imagine why this person is not in jail for no less than 4 years. He SHOT A MAN IN THE HEAD WHILE HIS SON WATCHED…you can get longer jail time for abusing animals. Remind me never to ride my bike in Asheville. I rarely report on issues outside of Boston, but sweet merciful Jesus, what does a person have to do to get thrown in jail these days? Shit…

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6 Responses to “What In The Sphincter Of Hell Kind Of Bull Sh*t Is This?!”

  1. By B-Lo on Nov 25, 2009 | Reply

    There is so much wrong with the judicial system, it’s impossible to even begin to list all of the wrong.

    The worst part is that the only way this guy would ever have gotten any justice would have been if the bullet had actually gone through his head. Very different outcome, but the shooter’s intentions would have been exactly the same. I don’t know if it’s laziness or just the rampant dislike of cyclists, but that judge f*ed up.

    While I applaud military service in general, in this trial, it would actually lead me in the direction of CRAZY-ASS dude screwed up by the military, instead of “exemplary guy, but someone who tried to kill another person for no goddamn reason, WHOOPS.” And co-workers testimony of his good character? PLEASE. Like everyone is going to put all that crazy on display at work.

    He should have been sentenced to have to ride a bicycle everywhere he went for the next ten years.

  2. By Jazzercycle on Nov 25, 2009 | Reply

    Unacceptable. This judge should be removed from the bench and the jurors who tried this as “not attempted murder” should be sentenced as well. The state should be taking along look at why they let another person,character being good or not, SHOOT ANOTHER PERSON IN THE HEAD and not get brought up on charges. Something is very very wrong here. This guys should be doing 20 to life, and his kids should be taken ASAP.

  3. By Chris Piascik on Nov 25, 2009 | Reply

    This is blowing my mind.

  4. By hackneyedsojourn on Nov 25, 2009 | Reply

    I’m glad you’re following this issue. One might think, with our judicial apparatus,solutions are limited. Then it popped up, like a Google ad on BostonBiker,11/25/09 2:48 pm, “Front Sight Firearms Training Institute,” offering education in the use of a variety of fire arms. My initial euphoria was dashed though when I began thinking about the weight of tempered steel and lead rounds… where’s carbon fiber when you really need it- but then it occured to me, the heat generated by using the assault weapons that would be most reassuring to us bikers would melt carbon. My deflation was brief though when I remembered Seven and their titanium tubing were right in the hood. I look forward to what this future holds!

  5. By Dan Pugatch on Nov 26, 2009 | Reply

    I think the fact former firefighter plays a role here. He totally knows the right people and someone owed him a favor. This is fucked up.

    Totally another other person who did this would get life. And what about pain and suffering/trauma for the kid? This should of been a million dollar settlement and then some

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