Former Asheville firefighter Charles Alexander Diez was irate over the fact that cyclist Alan Simons was bicycling on a busy road with his 3-year-old son in a child seat. His solution was to pull over, confront Simons and then shoot him in the head. The bullet went through Simons’ helmet and just missed his head. However, Superior Court Judge James Downs found that Diez was having a bad day and his military record had to be considered. He, therefore, gave Diez an astonishing 15-27 months and then suspended all but four months. Four months for coming less than an inch from killing a man in front of his son.
Simons was walking away when Diez fired his .38 caliber into the back of his helmet. He was originally, and properly, charged with attempted first-degree murder, but a grand jury indicted him on felony assault instead.
Even with this charge, he could have received as much as 39 months in prison. Down felt that four months were sufficient so long as he attended an anger-management training and, oh yes, to pay $1,200 to cover Simons’ medical costs for damage to his eardrum.
What I cannot get beyond is not just the attempted murder but that fact that this “model citizen” tried to kill an unarmed man in front of his three-year-old son. Diez was not drunk at the time. Yet, Down believes that a simple anger management class should do the trick.
For the full story, click here.
Part of the irony of this case is that the same judge on the same day gave a sentence of 44 months to a 20 year old who had been part of a gang related hold-up but had made clear documented effort to clean up his life. He was seeing a therapist, in a green jobs program and doing anti-crime presentations. So young man part of hold-up where a gun was used but not fired – no one was injured making effort to redeem self gets 44 months. Man who shots bicyclist in helmet as he is walking away gets 4 months because he was having a bad day. Unbelievable.
So, is he allowed to have a gun in the future?? Or is that restricting his “rights” and “freedoms” too much? Pfftt.
@ TomD.Arch
Spot on.
Pandering to the electorate … he’ll be gone as soon as the newcomers outnumber the “good ol’ boys”.
“Our mental health systems are in very bad disrepair here in WNC.”
BF,
The sad truth is that in many states, especially the bible belt kind, people there really don’t believe there is mental illness and blame the persons lack of responsibility, or believe they were cursed by Satan. The thing I hate most about Southern States, and I live in one, is that individuals (most particularly those in need) are devaluated, while property is exalted. Yet the majority of people in these States let themselves be fooled time and again by the promise of low taxes and the assurance of a morality, that is mainly non-existent.
Blind Faithiness,
Well when the revenue goes down and corporations no longer have the ability to pay taxes as they are no longer in business, something has to be cut. Why not mental health? Who is going to believe them even if they complain? They are disposable, even more so that the elder folks. They generally don’t add to the system they just take.
On the other side, more loss of job for MHMR. The trickle down theory does in deed work. Kind of like putting bullets in an open fire pit. They will go off, just not sure where. Or hitting a bullet with a hammer. The direction both pieces goes is purely luck. Sometime you hit the target more often than not you have collateral damage you did not intent.
Ronnie, I am going to go to a seance and see if Harry was able to talk to his mother yet. You wanna come along for the ride?
Mike S said, “The trouble is that from what I know about mental wards, realizing to that we are talking about NC, I doubt there is one capable of actually treating him.”
This is very true, Mike. Our mental health systems are in very bad disrepair here in WNC. Three more local facilities are due to be shut down soon due to loss of funding. State legislature has cut mental health dollars to the bone in the last decade.
Obviously the punishment for this offense is far, far too lenient. Consider though the insanity of the act, shooting a father for not “caring properly” for the safety of his 3 year old son. Add to that the man’s military record and to me that is an indication of severe PTSD. This man needs to be locked up for a while, but in a mental ward where he could get treatment for his obvious craziness. The trouble is that from what I know about mental wards, realizing to that we are talking about NC, I doubt there is one capable of actually treating him. Therefore to come full circle I guess he needs a long time in prison to protect the safety of the public and perhaps get some help coming to his senses.