Back in July, Asheville firefighter Charles Alexander Diez yelled from his moving vehicle at Alan Simons as Simons rode his bicycle along Tunnel Road pulling his son in a bike trailer and his wife following.
Diez apparently yelled that Simons was risking the child’s life by riding their bikes on that road, and when Simons approached the vehicle, Diez pulled out his gun. As Simons walked away, Diez’s gun went off and hit Simons’ helmet, causing damage to his eardrum but otherwise (and fortunately) leaving him relatively unharmed.
On Thursday, Diez pleaded guilty to assault with a deadly weapon with intent to kill (the original charge was first attempted degree murder, but was changed because the event was not premeditated) and was sentenced to four months in prison, which could be increased to 15 to 27 months based on Diez’s behavior during the next 30 months.
Superior Court Judge James Downs said mitigating factors, including Diez’s excellent work history and lack of prior criminal records, was the basis for the lenient sentence. Diez says he only intended to fire a warning shot, that he felt threatened because Simons reached into his car and grabbed his shirt (a claim Simons denies).
Read the full story at Asheville Citizen-Times.com
