It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

Man Gets 120 Days for Shooting Cyclist in the Head

page: 1
11
<<   2 >>

log in

join
share:

posted on Nov, 26 2009 @ 06:00 AM
link   

Man Gets 120 Days for Shooting Cyclist in the Head


www.treehugger.com

Police said Charles Diez, an Asheville firefighter since 1992, stopped his car to confront a couple riding bikes along heavily traveled Tunnel Road. Diez was apparently incensed by Alan Simons carrying his 3-year-old child on a seat mounted on the back of his bike. After an argument, Diez pulled a gun and shot at Simons, but the bullet passed through Simon's bicycle helmet, just missing his skull, police said.
(visit the link for the full news article)




posted on Nov, 26 2009 @ 06:00 AM
link   
I am not the one who usually comments on stories like this, however this is just infuriating. Apparently if you have some military service, friends who claim you are of good character, you can pretty much completely get away with shooting someone in the head at point blank! 120 days, is four Months, by the way, apprently that is less than "selling marijuana or stealing a computer".



Are cases like this common?

www.treehugger.com
(visit the link for the full news article)

[edit on 26/11/2009 by C0bzz]



posted on Nov, 26 2009 @ 06:06 AM
link   
Attempted murder is now a four month jail sentence?

This guy stopped them, started an argument, and when it didn't go to his liking he tried to kill a man? I see he argues it was a warning shot, but the bullet passed through the cyclist's helmet. Either he was trying to kill him, or he's completely inept with his firearm. Given that he has a military record I'd have to say he is aware that warning shots do not fire toward the heads of civilians.

This man is dangerous, there's something not right about this story.


CX

posted on Nov, 26 2009 @ 06:23 AM
link   
I could never understand the whole military service let-off thing, it often acts in support of your case, but should it not also mean you should know better and behave accordingly?

As an ex forces member, i reckon that if you want to bring your service history into the equation, you should except the fact that you should be just as, if not more disciplined when it comes to firearms.

If someone wants to be treated like they are still in the forces, maybe give them the same kind of punishment as a military court martial?

I'm sure he wouldn't have got 120 days for shooting a colleague in the head in the army.

CX.

[edit on 26/11/09 by CX]



posted on Nov, 26 2009 @ 06:31 AM
link   
Hah, if somebody was in military service they are more mentally healthy or their actions are more justifiable than the average person? Oh the irony, surely somebody who joins the military service is more mentally UNhealthy than the average person and so their actions would be under more scrutiny. This man is sick, surely a life sentence is in order.

No offense but the US justice system is a joke.

[edit on 26/11/09 by Nventual]



posted on Nov, 26 2009 @ 06:55 AM
link   
reply to post by C0bzz
 





Are cases like this common?


Yes. I dont have any trouble finding stories like this. I focus on cops.

it seems to be unusual for firemen to do things like this. They save lives, they don't take them.



posted on Nov, 26 2009 @ 07:42 AM
link   
Asheville North Carolina , I'm not surprised. They're probably fellow Klansmen.

This is a prime example of the GOOD OLD BOYS CLUB folks !




posted on Nov, 26 2009 @ 07:54 AM
link   
reply to post by PSUSA
 


I believe they are talking more about the fact that he is ex-military playing a part. The firefighter thing is only a secondary issue.

As for just watching all police as I have said before there are bad people in all careers, not just the police. The police and many other careers are looking for ex-military personnel now more than ever it seems. This most likely is because of the training they have and nothing more.


As for this case it seems there is more to this guy than is being said. I would like to see more on the story. But for the sake of the case there is no reason for him to pull out a weapon and fire it at an unarmed person. That to me brings into suspect his mental health and possible PTSD. Normal people do not shoot at others unless something else is wrong.



I have had instances I wanted to tell some cyclists off though for riding on rural roads with no real place for them to ride. It is really dangerous when you top a hill or go around a corner and some idiot on a bicycled is in the middle of the lane. In these cases they need to take their bike to a safer place to ride and not a heavily traveled rural road.

Raist



posted on Nov, 26 2009 @ 09:35 AM
link   
He is very lucky. I have seen no mention in either the original article or here of the affect on the 3 year old child. If I were the judge that fact alone would have caused me to hand out a much stiffer penalty. A longer sentence, large fine and a life time ban from owning firearms and explosive devices would have been more in line. No mention either of the consequences had he missed completely and struck anyone other than his intended victim.



posted on Nov, 26 2009 @ 10:39 AM
link   
reply to post by Raist
 





But for the sake of the case there is no reason for him to pull out a weapon and fire it at an unarmed person. That to me brings into suspect his mental health and possible PTSD. Normal people do not shoot at others unless something else is wrong.


In my opinion, I dont buy that excuse. But I can see how some defense attorney might try and make that case. And who knows, maybe there is something to it.

Did he shoot people like this in Iraq or Afghanistan for no real reason except for doing things that pissed him off?

Some people are both "normal" and evil. It doesn't mean someone is insane just because they fly off the handle like this.

It's unusual though. I really respect firemen, and paramedics. They are about the only public servants that, if I came upon one injured, I would help, and not just stand there, light up a cig, and poke him with a sharp stick.



posted on Nov, 26 2009 @ 10:48 AM
link   

Originally posted by nh_ee

Asheville North Carolina , I'm not surprised. They're probably fellow Klansmen.

This is a prime example of the GOOD OLD BOYS CLUB folks !





Could it be a case of money crossing the palm of a certain judge?



posted on Nov, 26 2009 @ 12:44 PM
link   
reply to post by PSUSA
 


I would say that a great deal of our military have been subjected to numerous chemicals. Be they chemicals through vaccinations for whatever to even gases and stuff absorbed through their skin.

Not only that but when I spoke of PTSD I was not talking simply about him shooting at people but him at one time being shot at himself. That along with going through boot camp and with the number of stories surfacing now about hazing that goes on. Actually though it is my understanding that all police, firemen, and paramedics go through their own forms of hazing as well.

I am not giving this guy a get out of jail free card; I in fact think he should have gotten a stiffer sentence. But the facts are he has been through things most of us never will be through. I am sure he has been one of those people that have come across scenes most people darn not even dream about. Again this is not a get out of jail free card for him but an attempt to understand why he might have done this.

As for normal people being evil, well that is debatable. I don’t believe any normal person goes out of their way to harm another of minor issues. That sort of thing is simply for those who have an underlying mental issue that is yet to be seen.

Raist



posted on Nov, 26 2009 @ 12:57 PM
link   
I do believe this is a case where the cyclist, if he had been carrying a handgun, should of terminated this man's life. I am sorry, but the instant you draw a firearm for a simple argument, you are fair game and I seriously doubt any jury would have convicted the cyclist if he had shot and killed this guy. I know that I would not have hesitated to return fire.



posted on Nov, 26 2009 @ 01:06 PM
link   

Originally posted by Raist
I have had instances I wanted to tell some cyclists off though for riding on rural roads with no real place for them to ride. It is really dangerous when you top a hill or go around a corner and some idiot on a bicycled is in the middle of the lane. In these cases they need to take their bike to a safer place to ride and not a heavily traveled rural road.


What are the laws concerning cyclists over there? Here in the UK they are perfectly (and rightfully) entitled to use any road as long as they follow the highway code which basically lumps them with the same rules as car drivers...

... as for the attempted murderer in the article, wow - he should be facing much harsher punishment.


[edit on 26-11-2009 by Goathief]



posted on Nov, 26 2009 @ 01:15 PM
link   

Originally posted by Seiko
Attempted murder is now a four month jail sentence?


The grand jury reduced the charge to felony assault.




While Diez was originally charged with attempted first-degree murder, a grand jury refused to press those charges, instead indicting him on the felony assault charge.

Convictions on such a charge result in an average 20-39 months in prison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15-27 months instead.

Downs suspended all but four months of that sentence unless Diez breaks the law again in the next 30 months. As part of his sentence, Diez is required to attend anger-management training and pay $1,200 to cover Simons’ medical costs for damage to his eardrum.

www.mountainx.com...


Shooting is a little harsh, but I feel that those people who ride with their kids in those bicycle trailers or jog with their kids in those strollers in heavy traffic deserve to be horse whipped.

[edit on 2009/11/26 by GradyPhilpott]



posted on Nov, 26 2009 @ 01:22 PM
link   

Originally posted by GradyPhilpott

Originally posted by Seiko
Attempted murder is now a four month jail sentence?


The grand jury reduced the charge to felony assault.




While Diez was originally charged with attempted first-degree murder, a grand jury refused to press those charges, instead indicting him on the felony assault charge.

Convictions on such a charge result in an average 20-39 months in prison for the defendant. But in the sentencing, Superior Court Judge James Downs found that Diez’s military service, along with testimony from former colleagues about his good character, were mitigating factors, and chose to sentence him to 15-27 months instead.

Downs suspended all but four months of that sentence unless Diez breaks the law again in the next 30 months. As part of his sentence, Diez is required to attend anger-management training and pay $1,200 to cover Simons’ medical costs for damage to his eardrum.

www.mountainx.com...


Shooting is a little harsh, but I feel that those people who ride with their kids in those bicycle trailers or jog with their kids in those strollers in heavy traffic deserve to be horse whipped.

[edit on 2009/11/26 by GradyPhilpott]


My guess is that Simon won't ride around with his kid like that again!!!



posted on Nov, 26 2009 @ 01:22 PM
link   
reply to post by Goathief
 


They are allowed on the roads here as well. But let’s look at common sense. It is not safe to ride a bike that cannot reach anything close to driving speed on road ways with little visibility.

It is rather stupid to ride when someone driving the speed limit might hit you because they come across you and see you at the last minute. I have had to hit the brakes several times because I came around a corner or come over a hill and some idiot that is riding their bike is in the center of the lane without a clue in the world as to a several ton piece of metal coming toward them. There are many times you have to travel miles behind them because they are to moronic to move out of the way and passing can be rather dangerous in those conditions.

It is not about their right to be able to ride their bikes but about common sense of safety for oneself and others. It is unsafe to have someone riding a bike on rural roads in low visibility areas. The speed limits are no lower than 35 MPH on some turns. No bike rider I know of can make those speeds and match a vehicle which weighs several tons more than they do. Facts are if you hit someone on a bike you are not going to get hurt, the person on the bike is likely to die though.

Raist



posted on Nov, 26 2009 @ 02:45 PM
link   
reply to post by Raist
 


Well I'd just put that down to your ignorance and bad driving then, a speed limit is exactly that, a limit. You don't aim to continuously do that speed, for example on some of our single lane-roads the limit is 60mph with blind hairpins and the like, if you attempted to turn a corner that fast you will fly off the road and crash - end of story. What you have to remember is that you do not have priority over cyclists, they are perfectly entitled to go where they like within the law. If you're such a maniac behind the wheel that you have to take emergency evasive action to avoid hitting them then you shouldn't be allowed to drive!

There are also many other dangers besides cyclists on those types of roads including other manic road users who might well be doing the same, and you will probably be injured from a collision like that. If you can't see what is around a bend or elevation and can't stop in time then slow down as you are driving too fast, simples.

I don't think the shooter is justified in any way, to try to blame the cyclist for the driver's lack of hazard perception is insane.



posted on Nov, 26 2009 @ 09:54 PM
link   
reply to post by Goathief
 


Wow maybe you should lighten up a bit before condoning my driving. I have yet to have an accident, and I have been driving for quite some time. As far as your hairpin turns and flying off the road goes maybe it is you that is driving too fast. If you have your vehicle equipped right it can take that corner at 60.
Besides driving below the limit can cause other accidents. Ever heard of being ticketed for driving too slow?

Actually according to laws in these parts cyclists are supposed to go into the oncoming traffic lane when getting into an area that would be considered a blind spot for those coming behind them. The problem is that the cyclists around these parts do not follow those laws thinking that if they are hit they have no fault what so ever. Of course they are at fault for being morons. Again I could care less if they ride their toys on the road as long as they do it in a safe manner.

As for those riding in town 90% of those I have seen do not stop at lights or signs and ride on sidewalks and break every other rule I can think of. What I am saying is that for the most part the cyclists in this area are pretty much brain dead fools. You can defend them all you want. But until you are in the situation of putting up with them you do not know what it is like.


I never said the shooter was justified. If you believe I did please point to it. Also when on the road it is not only the drivers that should be aware of danger. The cyclist is just as responsible for that as well. It is a bit hard for them to hear cars coming up on them when they are only able to hear their MP3 players and have no means of seeing behind them.
Blaming everything on a driver is also insane. The road goes both ways.

Raist



posted on Nov, 26 2009 @ 10:29 PM
link   
The whole military thing is a ruse. The real question is why did some kind of fireman have a gun on him, and then try to shoot some guy he disagreed with. He's not a cop right? The military angle has nothing o do with it. This was the good old boys taking care of their own.




top topics



 
11
<<   2 >>

log in

join