Dependable Erection

Friday, August 07, 2009

WTF? Updated

Last week, we noted the shooting of a bicyclist in Asheville by a driver who was apparently upset that the guy was toting a kid around behind him.

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

According to reports, on July 26, Alan Simons was shot by Charles Diez after a confontation along a busy road. The shooting took place in front of Simons' wife and 3-year-old kid. Diez was reportedly angered that Simons was riding a bike with his child seated behind him. Simons was wearing his bike helmet at the time. Miraculously, the bullet missed his head.

The article goes on to note that the penalty for attempted murder is 13 years in stir, but only two years for the felony assault charge. The DA submitted both charges to the grand jury, and has no explanation for why only the assault charge was returned.

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3 Comments:

  • The shot was close enough to the biker to go through his helmet and it's not attempted murder? WTF? was this guy some kind of world renowned marksman that makes it felony assault? That is a miscarriage of justice.

    By Blogger matt, at 5:46 PM  

  • I agree with the WTF but I wonder if there's some fine legal point that I as a non-lawyer might be missing. The "felony assault", however, does seem a bit too little. If first degree murder can't fly, then why didn't they try for second degree murder? Two years in jail isn't much deterrent and as a cyclist, I really have no desire to go anywhere near Asheville now.

    By Blogger Tanner Lovelace, at 12:14 PM  

  • Redneck justice.

    Just keep them baby bikes off mah roads and I don't want no soshulized medicine, neither.

    Except my Medicare, of course.

    By Blogger Tony, at 8:57 PM  

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