Thanks Nate for the link.
Apparently the poor firefighter is the one who was threatened, so he had little choice but to point a gun at the cyclist’s head and pull the trigger. But he feels just terrible about it.
Former Asheville fireman gets 4 months for shooting at cyclist
By Clarke Morrison • November 20, 2009
ASHEVILLE — A former Asheville firefighter will spend 120 days in jail for shooting at a bicyclist, narrowly missing his head with a bullet that pierced the man’s helmet.
Charles Alexander Diez, 42, pleaded guilty Thursday to assault with a deadly weapon with intent to kill, but testified during his sentencing hearing that he only fired a warning shot and didn’t intend to hurt Alan Ray Simons.
“I was the one who felt truly, truly threatened,” Diez told the court. “It was not my intention to shoot him.”
I often have to tell my clients that bicyclists are basically hated by a large segment of the public, and must not expect the same treatment by juries, judges, arbitrators, and insurance adjusters that a motorist would receive. If you get hit from behind while on a bike, for example, you are going to be declared to have swerved in front of the vehicle until proven otherwise. Not so if you are a motorist.
And it seems that if you are shot in the head by a firefighter, you shouldn’t expect sympathy either.