
Charles Alexander Diez / Asheville Citizen-Times
We last looked at the case of Charles Alexander Diez, the firefighter/gunslinger back in July, when he stopped his car to threaten a bicyclist.
When cyclist Alan Simons tried to walk away, Diez aimed his pistol at Simons' helmet and pulled the trigger -- in front of the Simons' 3-year-old son, who was riding with him.
Diez hit the helmet, but the bullet missed Simons' skull by an inch.
Thursday, with 30 supporters in an Asheville courtroom with him, Diez pleaded guilty to assault with a deadly weapon with intent to kill. A judge sentenced him to 120 days in jail.
Diez lost his job in August.
The verdict/sentence has sparked bike-blogger outrage across the land.
Abusing The Privilege says Diez has been a concealed carry permit holder since 2007.
Big Jonny at DrunkCyclist fired up a fine froth of eloquence and anger:
This time, Diez chose to pull over, he chose to wrap his hand around the grip that firearm, he chose to point his gun at Simon, and he chose fire a round at Simon’s head.
Right in front of the man’s family.
You’d think at this point the motorist has really crossed a line. That he has clearly attempted to kill another man. You might also think that society cannot tolerate such behavior. That this man should be punished for his action, for the choices he made that day, the choices that very nearly left a young boy fatherless.
You might think that, but you’d be wrong.
Bull City Cycling weighed in with a tongue-twisting string of unkind (and hyphenated!) nicknames, and added this:
There's only one reason that Diez shot Simons: Simons was riding a bike, and Diez therefore saw him as less-than-human, so much so that Diez didn't think twice about discharging his deadly weapon at the man.
Sorry to bring you down folks, but it gets worse: by failing to punish him to the full extent of the law, the judge affirmed this belief, essentially saying: "yes, it was bad what Diez did, but can't we all understand?"
Meanwhile, xena at the DC Tri Club Forum jumped in with a succinctly headlined post: Cars don't kill cyclists. Guns kill cyclists.
Erik Ryberg at Tucson Bike Lawyer noted:
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.
In Nashville, Green Fleet Messengers put it this way, under a post headlined: Motorist Shoots Cyclist for his own Good:
Here is another reason to wear a helmet … in case someone shoots at you!!!
Yesterday a motorist shot at a cyclist in Asheville, North Carolina. Reason for shooting? The shooter was “upset” because the cyclists was biking on a busy road with his child. (the kid was in a kiddie seat). What a humanitarian.
Last but not least, You are the Engine takes U.S. gun laws to task:
Now, I don’t want to say that gun laws in the US are totally f***ed (read: gun laws in the US are totally f***ed), but Diez was recently sentenced to just 120 days in prison. You read that correctly. He shot at a man’s head with a child right beside him, plead guilty to “assault with a deadly weapon with intent to kill,” and he will go to jail for 4 months.
Like I said, insane. And f***ed.