Gothic.net Community - Firefighter arrested for shooting at a bicyclist

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Firefighter arrested for shooting at a bicyclist

Quote:

ASHEVILLE — An Asheville firefighter charged with attempted first-degree murder after witnesses said he shot at a bicyclist, made his first appearance today in Buncombe County District Court.

Charles Alexander Diez, 42, apparently fired at the Asheville man after arguing with him about riding his bike on the busy road with his 3-year-old child in a bike seat behind him, Asheville Police Capt. Tim Splain said.

Diez's case is set to be heard on Aug. 17 in Buncombe County Superior Court.

Diez was driving his car off Interstate 40 at Exit 55 at about 11:24 a.m. Sunday when he saw Alan Ray Simons and his wife riding bikes up the road with Simons' 3-year-old son behind him in a bike seat, he said.

“He decided he needed to tell them he thought it was unsafe that they would do that and have their child out there in an area where they had a lot of traffic,” Splain said.

Diez stopped his car and confronted Simons near 1360 Tunnel Road. When Simons began to walk away, Diez shot at him, Splain said.

The bullet blew a hole through the outer lining of Simons' helmet and went straight through both sides of it, but he was not hit.

Simons and others who witnessed the incident took down Diez's registration plate number and called police.

After consulting with the Buncombe County District Attorney's Office, police charged Diez with one count of attempted first-degree murder.

“A matter of an inch or less in either direction would have meant that bullet could have easily killed Mr. Simons,” Splain said.

Buncombe County Sheriff's deputies found Diez's vehicle at his home on Rowland Road in Swannanoa and arrested him. Diez was not under the influence of any drugs or alcohol at the time of the shooting and has no prior criminal record, Splain said.

He has been employed by the Asheville Fire Department since February 1992, according to interim Chief Scott Burnette. Diez has been placed on paid leave during the investigation, Burnette said.

Diez was being held today at the Buncombe County Detention Center with a secured bond set at $500,000

http://www.citizen-times.com/apps/pb...WS01/907270323

On the bright side, helmet PSAs will become much more effective. Or perhaps someone will release a line of bullet proof helmets.

Man, that pisses me off, 'cos of one nutjob now, Asheville firefighters are gonna get a bad name.

I do not comprehend on how firing a bullet would help prove his point any further.

Think of it as a 'pre-emptive strike'. Maybe he thought the guy on the bike was hiding WMDs in his basement.

Why does he get paid leave?

Yeah, I'm wondering about the paid leave thing as well.
He's up for attempted murder of a man with a child in full daylight on a busy road full of witnesses.

Unpaid leave at least, but a request for resignation due to the poor reputation that may be brought upon the organisation as a result of his actions would be better.
Gah, poorly structured sentence.

Probably policy until they have a court verdict.

It's still bullshit to me.

Yeah, up here we've had a couple incidents of cops and firefighters up on charges and the department policies are suspension with pay, at least as the first step. I guess that's just in case they end up acquitted and return to work...in that case they'd be due lost wages if they were suspended without pay. However, if the guy was witnessed by several others firing a gun at a man's head, it leaves little room for doubt, doesn't it?

Quote:

Originally Posted by Fastidious (Post 551149)

A conviction requires proof beyond a reasonable doubt. The problem is, juries are seldom reasonable.