Update From NC: Shooting a Cyclist in the Head Is Not Attempted Murder

By Brad Aaron
Aug 6, 2009

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.

Charles Diez

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.

Wheras Diez originally faced up to 13 years in prison, felony assault carries a penalty of around two years. Reports the weekly Mountain Xpress:

Grand juries deliberate in secret, and District Attorney Ron Moore submitted both the assault and attempted-murder charges. He told Xpress that he doesn’t know why the grand jury rejected the murder charge.

We don’t either, but we can guess.

(h/t Cookster)

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