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Thread: Man Gets 120 Days for Shooting Cyclist in the Head

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Some people deserve to be shot!
    Mommy I am only 10 years old and I was surprised to kick the ass of that Pussy. Son that Pussy didn't listen to S.S.1

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by Coolguy View Post
    That is your interpretation.
    And what is your interpretation? What do you think was the reason for him shooting the child's father?

    Please provided the relevant testimony of his intent, that he actually aimed the weapon at his head, and that he purposely pulled the trigger.
    If you can not, then all you have is an assumption on your part.
    The bullet in the helmet is evidence of him shooting at the bicyclists head...
    How else did that bullet get there? You don't honestly think that the firefighter pulled out a gun, pointed at the helmet, and accidentally pulled the trigger, do you?
    Last edited by Lightdemon; 12-13-09 at 03:32 AM.
    Quote Originally Posted by UtahBill View Post
    Let the public school provide the basics, you as the parent can do the fine tuning.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by Lightdemon View Post
    And what is your interpretation? What do you think was the reason for him shooting the child's father?
    I prefer to refrain from making an interpretation until I have all the facts.



    Quote Originally Posted by Lightdemon View Post
    The bullet in the helmet is evidence of him shooting at the bicyclists head...
    How else did that bullet get there?
    No it is not.
    It is only evidence that the bullet entered the helmet.
    Not exactly of how it got there.
    i.e.: The events and the intent behind it.




    Quote Originally Posted by Lightdemon View Post
    You don't honestly think that the firefighter pulled out a gun, pointed at the helmet, and accidentally pulled the trigger, do you?
    Not at all.
    Any number of things could have happened that lead up to the incident, including what you supplied above.

    Lets see if I can find them.

    ...

    testified during his sentencing hearing that he only fired a warning shot and didn't intend to hurt Alan Ray Simons.

    “I was the one who felt truly, truly threatened,” Diez told the court. “It was not my intention to shoot him.”

    Simons described being confronted by the 17-year Fire Department veteran on the morning of July 26 as he was riding his bike along Tunnel Road with his 4-year-old son in a seat on the back and his wife on another bike.

    He said Diez yelled at him from his car, claiming he was putting the boy's life in danger by riding on the busy roadway.

    “We were out for an enjoyable ride, minding our own business,” Simons said. “At any point, he could have left.

    When I got to his door, the gun was pointing at my chest. I turned to walk away, (and) the gun went off. He chose to pull the trigger.”

    ...

    Assistant District Attorney Chris Hess, who handled the prosecution, said he had no quarrel with the sentence handed to Diez.

    “The outcome was fair,” he said. “We respect Judge Down's decision.


    “The main thing is Mr. Simons and his family were not harmed. We're just happy that his family has him around.”

    Diez had about 30 supporters in the courtroom, and two of his former Fire Department supervisors testified on his behalf. Capt. Keith Gillespie described him as a fair, honest and loyal firefighter who wasn't threatening or hostile.

    “He's been a top-notch employee,” Gillespie said. “I couldn't ask for any better.”

    Diez maintained that Simons reached into his car and grabbed him, a claim Simons denied.

    “I wanted him to release my shirt and back away,” Diez told the judge. “It was a warning shot.”


    Defense attorney Jack Stewart asked the judge for leniency.

    “He's a hard-working, decent man who used terrible judgment,” Stewart said. “He accepts responsibility for his actions. I think he is sincerely remorseful.”

    Simons and others who witnessed the incident took down Diez's license plate number and called police. Deputies found Diez at his home on Rowland Road in Swannanoa.

    Police initially charged Diez with attempted first-degree murder after consulting District Attorney Ron Moore. But a grand jury declined to indict him on that charge, instead opting for the lesser assault charge. A first-degree attempted murder conviction requires a trial jury to find the elements of premeditation and deliberation.

    This much is clear from the testimony.
    A man pulled over and yelled at the bicyclist for putting his child in harms way.
    While the man is still seated in his vehicle, the bicyclist gets off his bike to confront the driver and approached him.

    The driver fired the weapon.
    The driver intended to fire a warning shot, but not shoot the bicyclist.
    The driver truly felt threatened and did not intend to harm the bicyclist.

    We also have two different set of testimony regarding what happened once the cyclist reached the driver to confront him.
    Both are plausible and consistent with what I know of human behavior in such incidents where someone yells at another from a vehicle and then gets confronted for it.

    The only thing I have left to make any judgment is the fact that the Judge gave the Fire Fighter a suspended sentence, which to me indicates that he believed the Fire Fighter's testimony.

    And what the prosecutor says.

    "... the prosecution, said he had no quarrel with the sentence handed to Diez.

    “The outcome was fair,” he said. “We respect Judge Down's decision."

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by Coolguy View Post
    I prefer to refrain from making an interpretation until I have all the facts.
    Okay, fair enough.


    A man pulled over and yelled at the bicyclist for putting his child in harms way.
    While the man is still seated in his vehicle, the bicyclist gets off his bike to confront the driver and approached him.

    The driver fired the weapon.
    The driver intended to fire a warning shot, but not shoot the bicyclist.
    The driver truly felt threatened and did not intend to harm the bicyclist.


    Two things that are questionable. 1) Firing a "warning shot," inside the car, in the direction of the bicyclist, so close to the bicyclist that it hits his helmet. 2) You forgot to cite this paragraph (link):

    Charles Alexander Diez, 42, pleaded guilty Thursday to assault with a deadly weapon with intent to kill, but testified during his sentencing hearing that he only fired a warning shot and didn't intend to hurt Alan Ray Simons.
    I'm not sure what constitutes as a "warning shot" but I'm pretty positive it doesn't include the intent to kill. /sarcasm



    And what the prosecutor says.
    "... the prosecution, said he had no quarrel with the sentence handed to Diez.

    “The outcome was fair,” he said. “We respect Judge Down's decision."
    This just meant that the prosecution thinks that the process of the trial was fair (not that the sentencing was fair), that there wasn't anybody pulling strings or the jury was skewed. The prosecution also thought the sentencing was light.

    We think the sentence is light, but we expected it coming in… because of his outstanding career as a fireman.
    Quote Originally Posted by UtahBill View Post
    Let the public school provide the basics, you as the parent can do the fine tuning.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by NEUROSPORT View Post
    cyclists annoy me as well. we have lots of them here in california. those idiots think they're saving the planet and are willing to let their own kids get run over by some SUV just so they can reduce their carbon footprint.

    however just because somebody is naive and idealistic is not reason enough to kill them.

    the man who shot him should have gotten about 10 years.
    As my avatar indicates, I am a cyclist, have been since 1988. I have seen all kinds on bikes, good and bad, and I for one would never ride with a kid on a bike seat or behind me with one of those baby buggies. Cycling is a dangerous enough sport as it is. You're out there, having fun, and something can happen in a split second, a dog, crazy motorist, and you never know.

    Yeah, this fireman should have gotten at least 25 years for attempted murder. That's what you call the "good ol' boy" network, looking out for its own. I've had those same good ol' boys throw beer cans at me, but when you throw them back, that's no fair, according to them. Then they want to run over you, and feel it's justified.

    Incidentally, I cycle, not to save the planet, but for fitness. I was once a competitive distance runner but after injuring my plantar fascitis tendon in my foot, switched to full time cycling.
    Last edited by bicycleman; 12-13-09 at 04:53 PM.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by Lightdemon View Post
    Two things that are questionable. 1) Firing a "warning shot," inside the car, in the direction of the bicyclist, so close to the bicyclist that it hits his helmet.
    Questionable in regards to an individuals conduct and state of mind... sure.
    Questionable in regards to it being a possible scenario... I disagree.



    Quote Originally Posted by Lightdemon View Post
    2) You forgot to cite this paragraph (link):
    Hmmm?
    My bad.
    I originally had it underlined before posting.
    I must have edited out that portion of the sentence of the second paragraph when I edited out the first paragraph. That was unintentional.
    But that portion is why I underlined the last sentence of the last paragraph pointing out why what was charged was changed.
    Again, my bad.



    Quote Originally Posted by Lightdemon View Post
    I'm not sure what constitutes as a "warning shot" but I'm pretty positive it doesn't include the intent to kill./sarcasm
    Of course a 'warning shot' doesn't include an intent to kill.
    To me, attempted murder means that you intended to kill. So why the different charge?
    If you notice in the underlined last sentence, of the last paragraph as quoted, pointing out that the greater charge requires the elements of intent be found.
    "... requires a trial jury to find the elements of premeditation and deliberation."
    If they could have proven intent to murder (which is killing), they would have charged it.
    I can not see them including that statement if the lesser offense required the same elements to be proven, meaning to me, that what was charged is an implication (that doesn't have to be proven) of what happened, not what actually happened.


    FYI
    As one group of Attorneys put it.

    An assault can be an unlawful touching, or it can be an act in which the victim is never touched, but is put in imminent fear of being touched. A touch is a general word, meant to describe everything from a slap to a strike with a bat, to worse.

    In North Carolina, there are dozens of different kinds of assaults. Some are misdemeanor assaults; the lowest is a Class 2 misdemeanor which can put someone on probation for 12 months.

    Others are very serious felonies, including the most serious assault, Assault With a Deadly Weapon With Intent to Kill Inflicting Serious Injury (AWDWIKISI), which is a Class C felony, with a minimum sentence of 44 months (bottom of the mitigated range for a person with no prior convictions). Attempted First Degree Murder is arguably an assault, but is handled under homicides.

    In general, assault is not defined in the statutes, but by North Carolina’s courts. The statutes merely establish the punishment once an assault has been proven. (See N.C.G.S 14-33 for Misdemeanor Assault punishments.)
    ...
    The Chetson Firm - North Carolina Assault Law
    Can you tell me what other assault charge would have fit the described offense by the testimony given, under North Carolina law?

    North Carolina General Statutes
    Chapter 14: Criminal Law
    Article 8 - Assaults

    Chapter 14 - Article 8

    Apparently they don't specifically have a charge under 'Assault' that includes the discharge of a weapon in a manner that underscores the seriousness of the action in this instance.
    Apparently the name of the offense does not mean exactly what occurred.




    Quote Originally Posted by Lightdemon View Post
    Quote Originally Posted by Coolguy View Post
    And what the prosecutor says.
    "... the prosecution, said he had no quarrel with the sentence handed to Diez.

    “The outcome was fair,” he said. “We respect Judge Down's decision."
    This just meant that the prosecution thinks that the process of the trial was fair (not that the sentencing was fair), that there wasn't anybody pulling strings or the jury was skewed. The prosecution also thought the sentencing was light.
    We think the sentence is light, but we expected it coming in… because of his outstanding career as a fireman.
    I have to disagree with your take here because;

    1.) It is a misquote; The portion you quoted is what the cyclist said, not the prosecutor.
    2.) The prosecutor said 'he had no quarrel with the sentence handed to Diez.'



    :::::::::::::::::::::::::::::::::::

    Quote Originally Posted by bicycleman View Post
    Yeah, this fireman should have gotten at least 25 years for attempted murder.
    I strongly disagree. He didn't make an attempt to murder him.

    Quote Originally Posted by bicycleman View Post
    That's what you call the "good ol' boy" network, looking out for its own.
    I think it is more of the way NC's laws are, than any imagined 'good ol' boy network'.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by danarhea View Post
    What the hell? Only 4 months for attempted murder? The judge cited his honorable service in military, his position as a firefighter, and his all around good guy image, as mitigating factors. You know what? I don't give a damn. He shot a guy in the head. The guy is lucky his bicycle helmet took the bullet, sparing his brain.

    I don't care if it is Jesus Christ who shoots someone in the head, in an act of attempted murder. He should do hard time. Someone please shoot the judge, then let's see if that judge would be just as lenient. LOL. Seriously, though......

    1) The shooter belongs in prison.

    2) That judge does not belong on the bench.

    Discussion?

    Article is here.
    wow......could have killed the child, and he gets 120 days? crazy ****.

    Originally Posted by johnny_rebson:

    These are the same liberals who forgot how Iraq attacked us on 9/11.


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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by liblady View Post
    wow......could have killed the child, and he gets 120 days? crazy ****.
    What do you mean... "could have killed the child"?
    That seems more like an emotional response than one based on fact.

    Secondly if you had read what came earlier you would have known that he received much more than 120 days, which was suspended, unless he commits another crime within the period of his probation.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by Coolguy View Post
    Questionable in regards to an individuals conduct and state of mind... sure.
    Questionable in regards to it being a possible scenario... I disagree.
    No, I'm saying questionable because I think he's lying about it being a "warning shot". I don't understand how it can be a warning shot if he shot at someone's head...A warning shot would be shooting the ground or shooting the sky, not at someone head. Even pointing the gun at the cyclist would have been enough, since he approached Diez and stood in front of his driver side window, which he was able to grab at Diez's shirt; that would have been point-blank range.

    The warning shot just doesn't make sense. I mean really... if you feel threatened, just put your foot on the gas. If your car is off, roll up your window. Where does he get the justification for firing a gun at point blank range as a "warning shot"?


    "... requires a trial jury to find the elements of premeditation and deliberation."
    If they could have proven intent to murder (which is killing), they would have charged it.
    I can not see them including that statement if the lesser offense required the same elements to be proven, meaning to me, that what was charged is an implication (that doesn't have to be proven) of what happened, not what actually happened.


    I guess it's just how North Carolinian's sees things. Personally, I would not have reached for my gun as my first line of defense, especially not in my car, which is quite a safe place to begin with. Shooting a person at point blank range and calling it a warning shot, and claiming you had no intention to kill the other person, where you were the one who instigated the quarrel in the first place, just raises so many red flags...


    Apparently they don't specifically have a charge under 'Assault' that includes the discharge of a weapon in a manner that underscores the seriousness of the action in this instance.
    Apparently the name of the offense does not mean exactly what occurred.
    Hopefully NC will make the proper changes.

    [quote]
    I have to disagree with your take here because;

    1.) It is a misquote; The portion you quoted is what the cyclist said, not the prosecutor.
    2.) The prosecutor said 'he had no quarrel with the sentence handed to Diez.'

    [\quote]

    I don't think there is a need to differentiate because that's beside the point. What Diez received as his sentence was light, a slap on the wrist. That's what all this outrage is about. If Diez had shot 1 or 2 inches closer to Simmon's head, he would have sustained serious injury, over a questionable "warning shot."
    Quote Originally Posted by UtahBill View Post
    Let the public school provide the basics, you as the parent can do the fine tuning.

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    Re: Man Gets 120 Days for Shooting Cyclist in the Head

    Quote Originally Posted by danarhea View Post
    1) The shooter belongs in prison.
    2) That judge does not belong on the bench.
    Discussion?
    In August, a grand jury reduced charges against Diez from attempted first degree murder to felony assault. This is probably correct, as first degree murder, attempted or otherwise, requires premeditation. Nothing indicates that this is the case.

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