Asheville Firefighter pleads guilty in bicyclist shooting
Article here.
ASHEVILLE — A former Asheville firefighter pleaded guilty today to charges he shot at a bicyclist, narrowly missing his skull.
Charles Alexander Diez, 42, pleaded guilty in Buncombe County Superior Court to assault with a deadly weapon with intent to kill. A sentencing hearing is under way.
Police said Diez, a 17-year veteran of the Fire Department, fired a handgun at cyclist Alan Ray Simons on Tunnel Road on July 26, striking his helmet.
Diez had stopped his car and confronted Simon, apparently because he was concerned about the safety of the Asheville man riding his bicycle with his young child on the back on the busy road, police said.
Diez, of Swannanoa, was released from jail July 28 after a judge reduced his bond from $500,000 to $200,000, and the department put him on leave with pay. He lost his job Aug. 10, officials said.
Police said Diez was driving his car off Interstate 40 at Exit 55 at about 11:24 a.m. when he saw Simons and his wife riding bikes up the road with Simons’ 3-year-old son behind him in a bike seat, he said.
Diez stopped his car and confronted Simons near 1360 Tunnel Road. When Simons began to walk away, Diez shot at him. The bullet blew a hole through the outer lining of Simons’ helmet.
“A matter of an inch or less in either direction would have meant that bullet could have easily killed Mr. Simons,” police Capt. Tim Splain said.
Simons and others who witnessed the incident took down Diez’s license plate number and called police. Deputies found Diez at his home on Rowland Road.
Police initially charged Diez with attempted first-degree murder after consulting District Attorney Ron Moore. But a grand jury declined to indict him on that charge, instead opting for the lesser assault charge. A first-degree attempted murder conviction requires a trial jury to find the elements of premeditation and deliberation.
EBR
November 19th, 2009 at 3:20 pm
Holy Crap… good that he plead guilty! what the heck was up in his life that he felt the need to start an argument with, and then fire a weapon at the BACK of someone in front of their family?!
November 19th, 2009 at 8:54 pm
I don’t think there’s any defense other than a guilty plea. There’s never any acceptable reason to try and shoot someone in the back of the head in front of their wife and child.
November 20th, 2009 at 7:53 am
Justice! Oh, wait. Four-month sentence. You stay classy, Asheville.
http://www.citizen-times.com/article/20091120/NEWS01/911200352
November 20th, 2009 at 9:39 am
Shoulda just run him over with his car. Woulda got off scott free.