Shooting a cyclist in the head is not attempted murder

US motorist shot cyclist carrying daughter in child seat… because he was concerned for her safety

by Kevin Emery   August 7, 2009 news

A grand jury in Asheville, North Carolina has reduced the charge against a man who allegedly shot a cyclist in the head from attempted first-degree murder to felony assault.

According to reports Alan Simons was shot in front of his wife and three-year-old child by motorist Charles Diez after a confrontation along a busy road on July 26.

The Asheville fireman, 42, was reportedly angered that Simons was riding a bike with his child seated behind him on such a busy road.

Diez saw the cyclist with his wife the busy local road and decided to pull over and tell them they were acting unsafely. But when Simons ignored him Diez pulled out a handgun and fired. Miraculously the bullet penetrated the outer lining of Simons’ cycle helmet, piercing it in two places, but missed his head.

Where as Diez originally faced up to 13 years in prison, felony assault carries a penalty of around two years. Grand juries deliberate in secret, and District Attorney Ron Moore, who submitted both the assault and attempted-murder charge has said that he doesn’t know why the grand jury rejected the murder charge.

8 user comments

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Heartening to know that drivers are so concerned for the safety of cyclists that they would... er shoot them? Confused

posted by woody [14 posts]
7th August 2009 - 11:01


I know drivers in the uk dont like cyclists but I cant imagine anyone here shooting any of us. Thats ridiculous, no matter what the scenario (except for protecting family and property) there is no excuse for shooting at anyone or anything, aiming at the head and firing is attempted murder, surely!

not all carbon is the same.

Jon Burrage's picture

posted by Jon Burrage [1081 posts]
7th August 2009 - 11:15

1 Like

Nothing, even the prospect of procreating with Katy Perry, could ever get me to live in the states. Even Canada would be too close for comfort culturally and geographically. Mad, mad bugger.

G-bitch's picture

posted by G-bitch [320 posts]
7th August 2009 - 11:15


Now that really is health & safety gone mad

Darned if I do…

Mr Sock's picture

posted by Mr Sock [153 posts]
7th August 2009 - 11:30

1 Like



posted by OldRidgeback [2577 posts]
7th August 2009 - 14:49


It obviously wasn't attempted murder was it.

The driver clearly shot him in his bicycle helmet to make a point?

Surprise Surprise Surprise

jobysp's picture

posted by jobysp [145 posts]
7th August 2009 - 15:22


you'd be pretty freaked out if that fireman came to 'rescue' you!

It's not just about the size of your cog.

TRs Blurb n Blog's picture

posted by TRs Blurb n Blog [270 posts]
7th August 2009 - 16:41

1 Like

Yawn Sure he wasn't testing the Safety limit of the cycle helmet? Could the shooter have shares in the Bell Helmet Co., for example.Lets not rush into judgement on this thing!

posted by velosipeed [6 posts]
11th August 2009 - 18:14